WORKPLACE VIOLENCE & HARASSMENT

Rights, Risks, and Employer Obligations in Ontario

Whether you work in an office, on a construction site, in a warehouse, or out in the field — you are entitled to a safe workplace free from violence and harassment. This resource explains what Ontario law requires and what you can do if those obligations are not being met.

Bullivant Health + Safety | bullivant.ca | 905-664-4943 | 158 S Service Road, Stoney Creek, ON
This resource is for general informational purposes only and does not constitute legal advice.

1. The Legal Framework

Workplace violence and harassment are governed by three key pieces of Ontario legislation:

• Occupational Health and Safety Act (OHSA) — Bill 168 (2010) and Bill 132 (2016) amendments established specific obligations for employers around workplace violence and harassment.
• Ontario Human Rights Code — prohibits harassment based on protected grounds including race, sex, disability, age, and gender identity.
• Workplace Safety and Insurance Board (WSIB) — applies when physical injury results from workplace violence.

 

WORKPLACE VIOLENCE	WORKPLACE HARASSMENT
The exercise or attempted exercise of physical force against a worker in a workplace; or a statement or behaviour that it is reasonable to interpret as a threat to exercise physical force that could cause physical injury.	Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. This includes sexual harassment.

2. Employer Obligations

Employers in Ontario are held to a comprehensive set of legal obligations. These are not optional.

WRITTEN POLICIES Employers with more than five employees must maintain written policies on workplace violence and harassment, reviewed annually and posted in a conspicuous location. IMPLEMENTATION PROGRAMS Programs must include measures to control identified risks, procedures for reporting incidents, and processes for investigation. HARASSMENT INVESTIGATIONS Under Bill 132, employers must conduct timely, fair, and thorough investigations into every formal harassment complaint, with outcomes communicated to all parties.

RISK ASSESSMENT Employers must assess risks of workplace violence specific to their environment and update the assessment as circumstances change. DUTY TO DISCLOSE If a worker can expect to encounter a person with a history of violent behaviour, the employer must provide relevant information to protect that worker. RIGHT TO REFUSE UNSAFE WORK Under Section 43 of OHSA, workers may refuse work they reasonably believe could cause physical injury from threatened violence. This right is legally protected.

3. Workplace Risks by Worker Group

Front-Line & Public-Facing Workers

COMMON RISKS	EMPLOYER OBLIGATIONS
Verbal abuse, threats, and intimidation from clients or the public Physical confrontations in service or enforcement contexts Threats made in person, by phone, or in writing Escalating behaviour when decisions go against a complainant Harassment based on race, gender, or perceived authority	Risk assessments must address public-facing environments Physical workspace design that permits safe egress Protocols for flagging and managing high-risk individuals Training to recognize and de-escalate agitated individuals Clear process for documenting threatening correspondence

Field, Trades & Outdoor Workers

COMMON RISKS	EMPLOYER OBLIGATIONS
Confrontations with members of the public near work areas Harassment or intimidation from contractors or subcontractors Internal workplace harassment including sexual harassment and bullying Isolated work locations with delayed emergency response times Pressure to minimize or not report incidents	Worksite-specific violence and harassment risk assessments Supervisor training on recognizing and responding to harassment Accessible reporting mechanisms for workers on remote sites Conduct expectations applied equally to contractors Prompt and impartial investigation of internal complaints

Office & Administrative Workers

COMMON RISKS	EMPLOYER OBLIGATIONS
Verbal aggression from frustrated members of the public or clients Lone worker exposure during low-traffic hours Persistent or hostile follow-up contact from external parties Internal harassment from colleagues or supervisors	Mechanisms for staff to call for backup or safely exit Anti-retaliation protections communicated to all workers Clear escalation procedures for internal complaints Confidential reporting options available to all staff

4. Your Rights as a Worker

• The right to work in an environment free from violence and harassment
• The right to be informed of any known risks of violence in your workplace
• The right to report incidents of violence or harassment without fear of reprisal
• The right to have complaints investigated in a timely and appropriate manner
• The right to refuse unsafe work if you reasonably believe you are at risk of physical injury
• The right to know the outcome of any investigation into your complaint

 

PROTECTION FROM REPRISAL

OHSA Section 50 prohibits employers from penalizing workers for exercising their rights under the Act — including reporting violence or harassment, participating in an investigation, or refusing unsafe work. If you believe you have been penalized for reporting, document the circumstances carefully and seek advice promptly.

5. What To Do If You Experience Violence or Harassment

1. Document incidents as they occur — note dates, times, locations, what was said or done, and who was present.
2. Report the incident to your supervisor, manager, or JHSC representative.
3. If your supervisor is the source of the problem, escalate directly to HR or a senior manager.
4. File a formal complaint under your employer's harassment program to trigger an official investigation.
5. If you are in immediate danger, contact emergency services and remove yourself from the situation.
6. Contact the Ministry of Labour if you believe your employer has failed to address a complaint properly. Complaints can be filed anonymously.
7. Seek legal advice if you are experiencing retaliation or if the internal process is not producing results.

6. Unions, JHSCs & External Bodies

Union members can use the grievance process to address OHSA violations. Joint Health and Safety Committees (JHSCs) have authority to identify hazards, make recommendations, and inspect workplaces.

External escalation options include the Ministry of Labour, Immigration, Training and Skills Development (for OHSA violations), the Ontario Human Rights Tribunal (for Human Rights Code violations), and police (for criminal threats or assaults).

GENERAL INFORMATION NOTICE

This resource is for general informational purposes only and does not constitute legal advice. Workers seeking guidance on a specific situation should consult a qualified legal professional or contact the Ministry of Labour.