Part III.0.1 of the OHSA sets out the legal duties for employers, supervisors, and workers to prevent and address workplace violence and harassment. Below is a breakdown of what employers need to know about their duties under the OHSA to prevent workplace violence and harassment, and why compliance is both a legal and business essential.
What Does the OHSA Require?
The OHSA provides the legal framework for creating safer workplaces by:
- Defining duties for employers, supervisors, and workers
- Establishing worker rights to ensure a strong Internal Responsibility System
- Outlining procedures for managing hazards
- Enforcing compliance when workplaces fail to meet safety requirements voluntarily
For employers, this means taking every reasonable precaution to protect workers, training employees on hazards, and maintaining safe working conditions.
Where Does the OHSA Apply?
Most workplaces in Ontario fall under the OHSA, including employers, workplace owners, contractors, and suppliers of workplace equipment.
Exceptions
The OHSA does not apply to some federally regulated workplaces such as:
- Airports and airlines
- Banks
- Post offices
- Telecommunications companies
- Interprovincial trucking, rail, and shipping
Federally regulated workplaces instead fall under the Canada Labour Code. See: Canada — federal workplaces.
What’s OHSA III.0.1
Workplace Violence and Harassment Requirements for Ontario Employers
Part III.0.1 of the OHSA sets out the legal duties for employers, supervisors, and workers to prevent and address workplace violence and harassment. This section outlines mandatory policies, programs, risk assessments, investigations, and workplace harassment training. For more background see: Ontario — anti-harassment training.
1. Mandatory Violence and Harassment Policies (s. 32.0.1)
All employers must prepare two written policies:
- A policy on workplace violence
- A policy on workplace harassment
These policies must be reviewed at least once a year and posted somewhere visible to workers or made available electronically. Workplaces with five or fewer workers are exempt from the posting requirement unless directed otherwise by an inspector.
2. Workplace Violence Program Requirements (s. 32.0.2)
Employers must develop and maintain a workplace violence program that implements the policy. The program must include:
- Measures to control risks identified through a workplace violence risk assessment
- Procedures for summoning immediate assistance
- Reporting procedures for workers
- Steps for investigating and addressing incidents or complaints
- Any additional elements required by regulation
3. Workplace Violence Risk Assessments (s. 32.0.3)
Employers are required to assess the risk of workplace violence by considering common risks within similar workplaces, risks unique to their workplace, and any other prescribed risk factors. Results must be shared with the Joint Health and Safety Committee (JHSC), health and safety representative, or workers. Employers must reassess risks as often as needed to ensure ongoing protection.
4. Domestic Violence in the Workplace (s. 32.0.4)
If an employer becomes aware (or should reasonably be aware) that domestic violence may enter the workplace and pose a risk of physical injury, they must take every reasonable precaution to protect the affected worker.
5. Duties and Information Requirements for Workplace Violence (s. 32.0.5)
The existing duties of employers, supervisors, and workers (under sections 25, 27, and 28) also apply to workplace violence. Employers must provide workers with appropriate information and instruction related to the workplace violence policy and program, and may provide personal information necessary to protect workers from individuals with a known history of violence (limited to what is reasonably required).
6. Workplace Harassment Program Requirements (s. 32.0.6)
Employers must develop a written harassment program, in consultation with the JHSC or health and safety representative (if applicable). The program must include:
- Reporting procedures, including an alternative reporting method when the supervisor or employer is the alleged harasser
- How investigations will be conducted
- Rules for limiting disclosure of personal information
- How both the complainant and alleged harasser will be informed of investigation results and corrective actions
- Any additional prescribed requirements
7. Employer Duties for Workplace Harassment Investigations (s. 32.0.7)
Employers must ensure that:
- All harassment incidents and complaints are investigated appropriately
- Both involved parties receive written results of the investigation and details of corrective actions
- The harassment program is reviewed at least annually
- All other prescribed duties are fulfilled
Investigation results are not considered occupational health and safety reports under section 25(2).
8. Worker Information and Instruction (s. 32.0.8)
Employers must provide workers with appropriate training and instruction on the harassment policy and program, along with any other required information.
How OHSA Compliance Is Enforced
The Ministry of Labour, Immigration, Training, and Skills Development enforces the Act. Inspectors have the authority to:
- Conduct workplace inspections
- Issue compliance orders
- Investigate fatalities, injuries, work refusals, and complaints
- Recommend prosecution for serious violations
Penalties for Non-Compliance
OHSA penalties can be substantial. Under section 66 of the Act, violations may result in:
- Individuals: fines up to $500,000 and/or up to 12 months imprisonment
- Directors and officers: fines up to $1,500,000 and/or up to 12 months imprisonment
- Corporations: fines up to $2,000,000
For corporations with repeat offences resulting in death or serious injury within two years, the minimum fine is $500,000.
Why the OHSA Matters to Ontario Employers
Understanding and complying with the OHSA is essential for:
- Protecting workers and reducing the likelihood of injuries
- Building a safety-first culture that improves morale and productivity
- Reducing operational risk and avoiding costly shutdowns, fines, or legal action
- Meeting legal obligations to ensure safe working conditions
Ultimately, the OHSA protects people and helps employers create safer, more efficient, and more resilient businesses.