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Violence in the Workplace
Last Updated: November 2011
Prepared by CCOHS
Listed below are sections of legislation which refer to violence in the workplace. Most Canadian jurisdictions have a "general duty provision" in their Occupational Health & Safety legislation which requires employers to take all reasonable precautions to protect the health and safety of employees. More information on this topic is available in the OSH Answers document OH&S Legislation - Due Diligence. This provision would include protecting employees from a known risk of workplace violence.
In jurisdictions that do not have explicit legislation dealing with violence in the workplace, the general duties of an employer would apply. An overview of these duties can be found in the reference document "Occupational Health and Safety Responsibilities of Directors, Owners, Employers, Managers and Supervisors".
Many jurisdictions have legislation, about working alone, which also covers acts of violence. Please see the quick reference document "'Working Alone" for more details.
Since legislation is amended from time to time, it should be reviewed for the most current information. Enforcement and interpretation of any legislation or codes may vary from jurisdiction to jurisdiction. Canadian Governmental Occupational Health & Safety Departments (http://www.ccohs.ca/oshanswers/information/govt.html) should be contacted for information on how the laws are enforced.
This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service. This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.
Subscribers to this service and paid learners of the CCOHS e-courses have access to the full text of the legislation listed in this document. To become a subscriber please contact Client Services.
OSH Answers on Violence in the Workplace
Violence in the Workplace - Negative Interactions
Violence in the Workplace - Parking Lot Safety
Violence in the Workplace - Warning Signs
Violence in the Workplace - Working Late
Canada
Canada Labour Code, Part II R.S.C. 1985, c. L-2
Part II, "Occupational Health and Safety"
"Duties of Employers"
Section 124, "General duty of employer"
Section 125, "Specific duties of employer"
Subsection 125(z.16)
Canada Occupational Health and Safety Regulations, SOR/86-304
Part XX, "Violence Prevention in the Work Place"
Alberta
As made under Occupational Health and Safety Act,
Occupational Health and Safety Code, 2009
Section 389, Hazard assessment
Section 390, Policy and procedures
Section 391, Instruction of workers
Section 392, Response to incidents
British Columbia
As made under the Workers Compensation Act,
Occupational Health and Safety Regulation, B.C. Reg. 296/97
Workplace Conduct
Violence in the Workplace
Section 4.29, Procedures and policies
Section 4.30, Instruction of workers
Section 4.31, Advice to consult physician
Manitoba
As made under Workplace Safety and Health Act,
Workplace Safety and Health Regulation, Man. Reg. 217/2006
Part 9, Working Alone or in Isolation
Section 9.2, Risk identification
Section 9.3, Safe work procedures
Section 10.1, Harassment prevention policy
Section 10.2, Required statements
Part 11, Violence in the Workplace
Section 11.1, Risk identification and assessment
Section 11.2, Duty to inform workers
See also:
Manitoba Labour, Guideline for the Prevention of Harassment and Violence in the Workplace
New Brunswick
Newfoundland and Labrador
As made under the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3
Occupational Health and Safety Regulations, 2009, N.L.R. 70/09
Section 22, Violence prevention
Section 23, Procedures and policies
Section 24, Instruction to workers
Northwest Territories
Nova Scotia
As made under the Occupational Health and Safety Act,
Violence in the Workplace Regulations, N.S. Reg. 209/2007
Reference Guide to the Violence in the Workplace Regulations, http://www.gov.ns.ca/lwd/healthandsafety/docs/WorkplaceViolence-ReferenceGuide.pdf
Violence in the Workplace Regulations For the Retail Gas Industry, http://www.gov.ns.ca/lwd/healthandsafety/docs/violenceguideretailgas.pdf
Violence in the Workplace Regulations For the Taxi Industry,http://www.gov.ns.ca/lwd/healthandsafety/docs/violenceguidetaxiindustry.pdf
Violence in the Workplace Regulations For Convenience and Small Retail Stores,http://www.gov.ns.ca/lwd/healthandsafety/docs/violenceguidesmallretailstores.pdf
Nunavut
Ontario
Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Part III.0.,1 Violence and Harassment
Section 32.0.1, Policies, violence and harassment
Section 32.0.2, Program, violence
Section 32.0.3, Assessment of risks of violence
Section 32.0.4, Domestic violence
Section 32.0.5, Duties re violence
Section 32.0.6, Program, harassment
Section 32.0.7, Information and instruction, harassment
See also:
Workplace Violence and Harassment: Understanding the Law, http://www.labour.gov.on.ca/english/hs/pdf/wpvh_gl.pdf
Prince Edward Island
As made under the Occupational Health and Safety Act,
Occupational Health and Safety Act General Regulations, EC180/87
Part 52, Violence in the Workplace
Section 52.1, violence, defined
Section 52.2, Risk assessment of workplace
Section 52.4, Inform workers of risk
Section 52.5, Consult physician
Quebec
Act respecting labour standards, R.S.Q., c. N-1.1,
Division V.2, Psychological Harassment
Division II.1, Recourse Against Psychological Harassment
Saskatchewan
Occupational Health and Safety Act, 1993, R.S.S. 1993, c. O-1.1
Occupational Health and Safety Regulations, 1996, R.R.S., c. O-1, r. 1
Yukon