January 31, 2008

Member of Provincial Parliament (MPP) for Hamilton Centre, Andrea Horwath, recently introduced a private member's bill that would legally require employers to take proactive steps to protect workers from harassment and violence.

More than 2,100 lost time claims for assault, harassment and violent acts were allowed by Ontario's Workplace Safety and Insurance Board (WSIB) in 2005. This represents an increase of 40 per cent over the previous 10 years. Even this growth is likely just the tip of the iceberg as many incidents are never reported to compensation boards.

The introduction of Bill 29-An Act to amend the Occupational Health and Safety Act to protect workers from harassment and violence in the workplace follows on the heels of the release of recommendations by a coroner's inquest jury looking into the 2005 murder of Windsor nurse Lori Dupont. "The time for tough new measures to address the growing problem of workplace harassment and violence is long overdue," says Horwath. "As a legislature, we can take the road to action and give some meaning to Lori Dupont's tragic and senseless death. Our province has some serious catching up to do on this increasingly common hazard confronting workers on the job."

Responding to the demands of workers and their representatives, Ontario's Ministry of Labour (MOL) introduced a voluntary violence prevention strategy. This strategy is limited to physical violence excluding harassment and other forms of psychological violence.

Many, including the Ontario Federation of Labour (OFL), believe this is not enough. "Workers have been trying to address violence and harassment issues through joint committees and other avenues for years," says Wayne Samuelson, president, OFL. "'Some have been successful and actions aimed at eliminating risks have been implemented in the workplace ranging from policy development to worker/employer training. Many employers though have not yet committed to actions aimed at violence prevention. There is little, if any, evidence proving employers will respond to further voluntary prevention measures. Specific workplace violence and harassment legislation and a commitment to enforcement is essential. Bill 29 must be moved swiftly through the legislature."

From Nova Scotia to British Columbia, most Canadian jurisdictions have implemented some degree of violence prevention language into health and safety law. "Government (Ontario) stalling could have further deadly consequences for vulnerable workers, many of whom are women," says Horwath.