Violence and Harassment Investigation (OHSA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2025-02-24
CLNP Page ID:	2466
Page Categories:	[Employment Law],
Citation:	Violence and Harassment Investigation (OHSA), CLNP 2466, <https://rvt.link/e->, retrieved on 2025-02-24
Editor:	Sharvey
Last Updated:	2025/02/07

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Occupational Health and Safety Act, R.S.O. 1990, c. O.1

32 Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,

(a) this Act and the regulations;

(b) orders and requirements of inspectors and Directors; and

(c) orders of the Minister. R.S.O. 1990, c. O.1, s. 32.

...

32.0.1 (1) An employer shall,

(a) prepare a policy with respect to workplace violence;

(b) prepare a policy with respect to workplace harassment; and

(c) review the policies as often as is necessary, but at least annually. 2009, c. 23, s. 3.

...

32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that,

(a) an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances;

(b) the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation;

(c) the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and

(d) such other duties as may be prescribed are carried out. 2016, c. 2, Sched. 4, s. 3.

(2) The results of an investigation under clause (1) (a), and any report created in the course of or for the purposes of the investigation, are not a report respecting occupational health and safety for the purposes of subsection 25 (2). 2016, c. 2, Sched. 4, s. 3.

Rainy River (Town) v. Olsen, 2017 ONCA 605 (CanLII)

[2] On this appeal, counsel’s focus was on whether the application judge erred in refusing to issue a declaration that Mr. Olsen’s conduct breached the Town’s “Violence Free in the Workplace Policy” and the “Harassment Policy” under the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, on the basis that the Town has a duty to protect its workers under the terms of the Act.

[3] The application judge found, at para. 35, that neither the Occupational Health and Safety Act nor the Town’s policy under it had any application to Mr. Olsen, since the harassment occurred outside the workplace and Mr. Olsen is not a worker or co-worker as defined by the Act. We see no error in this determination.