According to an International Labour Organization study, Canada has one of the highest rates of assault and sexual harassment on the job. In fact, in 2008, Ontario's Workplace Safety and Insurance Board (WSIB) allowed 2,100 lost time claims for assault, violent acts and harassment. Previous statistics released by the WSIB showed lost time claims for assault, violent acts and harassment increased by 40 per cent over 10 years between 1996 and 2005.

What is workplace violence?

While Ontario's new workplace violence bill (see below) includes a more limited definition of workplace violence, here we have chosen a broader definition which encompasses the reality of workers' experiences.

Violence is the act or attempt to cause injury or abuse. Violence can be physical or psychological. It can be committed by anyone; employers, clients, co-workers or members of the public.

Workplace violence includes the following:

• Physical attacks or assaults;
• Threatening behavior;
• Verbal or written threats, abuse or assault;
• Harassment;
• Sexual abuse or statements;
• Poisoned work environment; and
• Bullying behavior.

Work-related violence is not restricted to the traditional workplace. Violence can occur at business-related functions or social events, and can even follow workers home. The electronic age brings with it greater opportunity for intrusion telephones, faxes, and emails can all be used as weapons to harass or threaten. Certainly, these weapons are often used in situations where the reverse is true, namely domestic violence following a worker into the workplace. Fortunately, Ontario's new workplace violence law does recognize the potential for domestic violence to be a source of workplace violence. (To learn more see the WHSC Resource Lines, entitled, Domestic Violence in the Workplace: Breaking the Silence.)

What is psychological violence or bullying?

Psychological violence, including bullying, has a negative impact on workers' mental, physical, emotional and social health. Studies show the co-relation between bullied workers and lost time at work. Bullying is the use of position, stature or controlling behavior to threaten physical well-being or loss of employment. Examples of psychological violence/bullying at work include:

• rumour spreading;
• mobbing;
• excluding individuals from work related activities;
• reviewing work unfairly or trivial fault finding;
• belittling behavior or comments;
• removing freedoms while adding responsibilities;
• dividing tasks unfairly, hindering work, expecting disproportionate results, or playing favorites;
• setting unreasonable job requirements or duties;
• unreasonably blocking applications for training, promotion or leave;
• doling out unfair blame, recrimination or discipline especially in front of others.

Who is at risk and why?

All workers are at risk from workplace violence, but workers who work with the public are at greater risk of physical assault. Women face increased risk of violence while on the job, primarily because the workforce in high-risk occupations such as retail, social service or health care is predominantly female. Workers, of either sex, in any occupation are equally at risk of being victimized by psychological violence.

There is also a clear link between stress and workplace violence. Increasing job demands, downsizing of staff, and other stressors can lead to explosive or oppressive workplace environments. Social hardship and personal stress can cause members of the public to abuse workers providing services. Clients frustrated with the policies of a workplace will often lash out at front line workers. It is easy to forget people taking away children from abusive situations, denying loans, shutting off power or conducting evictions are workers just doing their jobs.

Known factors increasing the risk of violence at work include: working with the public; handling money, valuables, cigarettes, or prescription drugs; carrying out inspections or enforcement duties; providing service, care, advice or education; working where alcohol is served; working alone, in small numbers, isolation or in low traffic areas; working in community-based settings such as clinics or private homes; or working in mobile workplaces.

The design and layout of a workplace can influence the risk of violence. Poor lighting and obstacles isolate workers making them more vulnerable to attacks. Open access to workplaces or inadequate security exposes workers to potentially dangerous situations. Poor administrative procedures (scheduling work alone with the public or shifts causing workers to travel alone at night) also raise the risk of violent incidences.

What are the health effects?

Victims of workplace violence can suffer both physical and psychological trauma. In extreme cases of physical violence, workers have been murdered while others may suffer bruises, cuts and broken bones. These same physical attacks may lead to psychological effects including depression, anxiety, sleep disorders, mental illness, post traumatic stress disorder and overall stress. Stress is well documented as causing weakened immune systems, heart attacks, nervous system damage and strokes. Some suggest stress even plays a role in the development of cancer. Workers and others who witness physical assaults may suffer similar psychological effects.

Victims of psychological violence including harassment and bullying risk suffering similar stress-related effects. Keep in mind even workers who deal with violent incidents and their outcomes as part of their job can suffer psychological health effects, including post traumatic stress disorder. Further still, many point out harassment and bullying are often precursors to physical violence.

Regardless, workers exposed to any type of violence can have difficulty returning to work. To make matters worse, workers can be penalized for being victims of domestic or workplace violence. Disruptions at work, absenteeism, diminished job performance or increased illness can lead to discipline or loss of livelihood. Workers may quit their jobs or agree to a demotion as a result of stress. Commonly, victims isolate themselves from family and friends. Stress can cause marital crisis or other family problems. Shame, guilt, fear and embarrassment resulting from violence can lead to mental illness and other stress-related health outcomes, including suicide.

What is the law in Ontario?

Effective June 15, 2010, Ontario workplaces must comply with Bill 168 An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace. The new bill was passed into law on December 15, 2009. It requires employers to develop, implement and review annually workplace violence prevention policies and programs for violence and harassment. Where six or more employees are regularly employed written policies must be posted.

The prevention program for violence must include measures and procedures:

• To assess the workplace for risk of violence;
• To control identified risks "likely to expose a worker to physical injury";
• To report incidents or threats of workplace violence to the employer or supervisor; and
• To investigate and deal with incidents, complaints and threats of workplace violence.

The new law also requires employers to provide workers with "information" and "instruction" on the contents of workplace violence and harassment policies and programs. This includes providing workers with information about a person with a history of violent behavior, but only if the workers could be expected to encounter this person in the course of their work and they are likely to be exposed to physical injury.

Bill 168 also amends Section 43 of the Act to include the right to refuse work if workplace violence is likely to endanger the worker. Also new is a requirement for the employer to designate someone in the workplace to act as a workplace violence and harassment coordinator.

Bill 168 defines workplace violence as, "The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and a statement or behavior that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker."

While Bill 168 is viewed as a positive step, many including Labour believe the bill does not go far enough to protect all workers against violence. For example, the required workplace specific program for harassment lacks any focus on prevention. A concern also remains with the way physical violence is defined. As it reads it only includes those situations where the violence is directed at the worker and not those situations where violence breaks out between clients, students or patients for instance and where the worker is expected to intervene.

Other short-falls of Bill 168 include the worker right to refuse does not include harassment and bullying and there is no defined role for joint health and safety committee (JHSC) members in the development or implementation of violence prevention policies and programs. Finally, Bill 168 also does not offer a specific prescribed workplace violence regulation, something Labour says would strengthen the bill and provide for a better enforcement mechanism.

What is the law in other jurisdictions?

In May 2008, the Canadian Occupational Health and Safety (COHS) Regulations were amended to include Part XX, Violence Prevention in the Work Place. Federally-regulated employers are now responsible for: developing and posting a workplace violence prevention policy; identifying and assessing factors that contribute to workplace violence; enacting preventative measures; and providing information, instruction and training to all employees exposed to or at risk of workplace violence. Policies must also be reviewed as work situations change or at least every three years.

Other Canadian provinces either have specific regulations respecting violence and key risk factors or have added provisions about violence into their health and safety legislation. They include some of the following.

Quebec's act outlaws vexatious behavior that takes the form of repeated insults, vulgar remarks or gestures that are offensive, demeaning and undermine a persons self-esteem. If an employer is found to have perpetrated or allowed psychological harassment, the employer can be made to put a stop to the harassment. The employer may also be made to pay for psychological treatment or support needed by the victim, as well as the victims lost wages and/or incurred monetary damages.

British Columbia's Workers Compensation Board introduced regulations in 2007 regarding working alone or in isolation, workplace conduct, and violence in the workplace. The regulation requires risk assessment, written procedures, policies and programs addressing workplace violence hazards, including threats as well as physical violence.

Like Ontario, Saskatchewan's legal definition of violence includes the attempted, threatened or actual conduct causing or likely to cause injury including any threatening statement. Workplaces must have a written policy statement developed in consultation with the health and safety committee. Saskatchewans harassment legislation also includes a definition for psychological harassment.

Manitoba's Workplace Safety and Health Regulation includes policies about working alone or in isolation, prevention of harassment and prevention of violence. Mandatory harassment prevention policies must be developed in consultation with worker representatives or joint health and safety committee. In Manitoba, workers under 18 cannot work alone between 11pm and 6am.

Nova Scotia's Violence in the Workplace Regulation requires employers to assess the risk of violence and to implement a prevention plan in consultation with joint health and safety committees or worker representative. The employer must also provide specific training to workers who face the risk of violence.

How do you control workplace violence?

To be effective violence prevention programs must be specific to the workplace and the actual jobs performed by workers. The following are just some of the measures employers and JHSCs will want to consider as they develop their policy and program:

• a policy of zero tolerance encompassing all forms of workplace violence;
• a ban on working alone at minimum establish controls that ensure safety while working alone, such as a prearranged call in schedule and no public access to the workplace;
• policies minimizing risk to workers by locking away cash, cigarettes and valuables;
• policies to protect the mobile workforce including the provision of trip plans and activation of GPS devices on vehicles and/or cell phones;
• monitored security systems and prominently displayed information about these systems, so as to act as a deterrent as well;
• emergency response measures including panic buttons, prearranged communication systems for informing or advising workers of potentially violent situations and designated safe locations;
• workplace guest procedures including requirements to identify the credentials of guest unknown to the worker, guest sign in and out and accompaniment by the worker receiving the guest;
• design or physical layout and environmental controls such as doors with clear windows, adequate lighting, open concept and structure of counters, barriers, etc.;
• workplace violence training that includes information on indicators of disruptive, threatening, or violent behavior and ways to deal with it;
support networks for victims of workplace and domestic violence, including crisis response, medical attention and counseling.