Workplace Violence & Harassment

Rights, Risks, and Employer Obligations for Ontario Municipal Workers

A Resource for City of Hamilton Employees | bullivant.ca

Whether you drive a transit bus, process permits at City Hall, work a construction site, or enforce by-laws on the street — you are entitled to a safe workplace free from violence and harassment. Ontario law is clear: employers have a legal duty to protect workers, and employees have the right to understand and exercise those protections.

This resource explains what workplace violence and harassment mean under Ontario law, the specific risks faced by different groups of City of Hamilton workers, and what your employer is required to do — and what you can do if those obligations are not being met.

1. The Legal Framework in Ontario

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

• Occupational Health and Safety Act (OHSA), specifically Bill 168 (2010) and Bill 132 (2016) amendments
• Ontario Human Rights Code — which prohibits harassment based on protected grounds such as race, sex, disability, age, gender identity, and more
• Workplace Safety and Insurance Board (WSIB) — which applies when physical injury results from workplace violence

 

Key Definitions Under OHSA

• Workplace Violence: The exercise or attempted exercise of physical force by a person against a worker in a workplace; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force that could cause physical injury.
• Workplace Harassment: 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 Under Ontario Law

Municipalities like the City of Hamilton are employers under OHSA and are held to a comprehensive set of legal obligations. These are not optional — failure to comply can result in Ministry of Labour orders, fines, and reputational consequences.

2.1 Written Policies

Every employer with more than five employees must have written policies on workplace violence and workplace harassment. These policies must be reviewed at least annually and posted in a conspicuous place in the workplace.

2.2 Risk Assessment

Employers must assess the risks of workplace violence specific to their workplace — including the nature of the work and any conditions that could put workers at risk. This assessment must be conducted periodically and whenever circumstances change.

2.3 Programs to Implement Policies

Beyond policies, employers must develop and maintain programs to implement those policies. For violence, the program must include measures to control identified risks, procedures for workers to report incidents, and how the employer will investigate and deal with incidents.

2.4 Duty to Disclose

If a worker can be expected to encounter a person with a history of violent behaviour in the course of their work, the employer must provide information about that history — to the extent reasonably necessary to protect the worker.

2.5 Investigation of Harassment Complaints

Under Bill 132 amendments, employers must conduct investigations that are appropriate in the circumstances. This means a timely, fair, and thorough investigation into every formal harassment complaint. Workers and the alleged harasser must be notified of the investigation results.

2.6 Right to Refuse Unsafe Work

Under Section 43 of OHSA, a worker may refuse work that they believe is likely to endanger themselves or another worker. This includes situations involving a reasonable threat of violence. The right to refuse is protected — workers cannot be penalized for exercising it.

3. Workplace Violence & Harassment Risks by Worker Group

Municipal workers face a wide range of environments and client interactions. The risks are not one-size-fits-all. Below is a breakdown of common risks by role category, along with practical context.

Transit Workers (Bus Operators, Supervisors, Dispatchers)

Transit workers are among the highest-risk groups for workplace violence in the public sector. They operate in an open, public-facing environment with limited ability to remove themselves from threatening situations.

Common Violence & Harassment Risks	Employer Obligations Specific to Transit
Verbal abuse, threats, and intimidation from passengers Physical assaults including spitting, pushing, or punching Threats or assaults from intoxicated or distressed individuals Confrontations over fare payment or route information Exposure to erratic behaviour in late-night or isolated routes Racial, sexual, or other discriminatory harassment from the public	Risk assessment must account for passenger-facing environments Physical barriers (e.g., operator shields) must be evaluated Procedures for reporting and responding to incidents on route Training on de-escalation and managing aggressive individuals Clear protocols for operator safety when vehicles are isolated Incident reporting systems accessible to all operators

Forward-Facing City Hall and Administrative Workers

Front-line municipal staff who serve the public at counters, intake desks, or in offices deal with members of the public who are often frustrated, confused, or upset about permits, taxes, licenses, or other municipal decisions. These settings carry a distinct set of risks.

 

Common Violence & Harassment Risks	Employer Obligations Specific to City Hall
Verbal aggression and intimidation from frustrated residents Threats made in person or over the phone or email Escalating behaviour when decisions go against a complainant Harassment based on race, gender, or perceived authority Lone worker scenarios during low-traffic hours Follow-up contact or surveillance by persistently hostile members of the public	Physical workspace design to allow safe egress Protocols for flagging and managing high-risk individuals A system for workers to call for backup or remove themselves Training to recognize and de-escalate agitated members of the public Clear process for reporting and documenting threatening correspondence Policies addressing customer conduct expectations

Construction and Public Works Employees

Workers in roads, utilities, parks, and other outdoor or site-based roles encounter risks from both the public and from workplace culture. Construction environments can also carry elevated risk of internal harassment due to workforce composition and site culture.

 

Common Violence & Harassment Risks	Employer Obligations Specific to Construction/Works
Confrontations with residents or motorists near work zones Harassment or intimidation from contractors or subcontractors Internal workplace harassment including sexual harassment or bullying Isolated work locations with delayed response times Worksite hazing or discriminatory behaviour Pressure to minimize or ignore incidents in site culture	Worksite-specific violence and harassment risk assessments Training for supervisors on harassment recognition and reporting Safe and accessible reporting mechanisms for workers on remote sites Clear expectations for contractor and subcontractor conduct Prompt investigation of internal complaints Anti-retaliation protections and awareness training

By-law Enforcement Officers

By-law officers work in communities enforcing municipal rules around noise, property standards, parking, animals, and other local matters. These interactions are often adversarial by nature, and officers frequently work alone.

 

Common Violence & Harassment Risks	Employer Obligations Specific to By-law
Aggressive responses to enforcement actions Physical confrontations when issuing fines or notices Harassment, threats, or follow-up contact by subjects of enforcement Lone worker risk in residential and commercial environments Racially or sexually motivated harassment from members of the public Situations requiring police support that may not be readily available	Lone worker procedures including check-in protocols Access to communication devices at all times Training for managing hostile interactions and personal safety Mechanisms to flag high-risk addresses or individuals Support structures for officers following traumatic incidents Clear escalation protocols when a situation becomes unsafe

4. Your Rights as a Worker

Regardless of your role, you have the following rights under Ontario law:

• 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 injury
• The right to know the outcome of any investigation into your complaint

Important: 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 and seek legal advice.

5. What to Do If You Experience Violence or Harassment

If you are experiencing workplace violence or harassment, consider the following steps:

• Document incidents as they occur — note dates, times, locations, what was said or done, and who was present
• Report the incident to your supervisor, manager, or Joint Health and Safety Committee (JHSC) representative
• If your supervisor is the source of the problem, escalate to HR or a senior manager
• File a formal complaint under your employer's harassment program if you wish to trigger an investigation
• If you are in immediate danger, contact emergency services and remove yourself from the situation
• Contact the Ministry of Labour if you believe your employer has failed to address a complaint properly
• Seek legal advice if you are experiencing retaliation or if the internal process is not working

When to Involve External Bodies

There are situations where internal reporting is not sufficient or appropriate:

• Ministry of Labour, Immigration, Training and Skills Development: For OHSA violations, you can file a complaint or request an inspector. Workers can do so anonymously.
• Ontario Human Rights Tribunal: If harassment is based on a protected ground under the Human Rights Code (e.g., race, sex, disability), you may file an application with the HRTO.
• Police: For physical assaults or credible threats, a criminal complaint may be warranted in addition to any internal reporting.

6. The Role of Unions and Joint Health & Safety Committees

Many City of Hamilton workers are represented by unions. Unions play an important role in holding employers accountable under OHSA and collective agreements. If you are a union member, your steward can help you navigate the reporting and grievance process.

Joint Health and Safety Committees (JHSCs) are required by OHSA in workplaces with 20 or more workers. JHSCs are comprised of worker and employer representatives and have the authority to identify hazards, make recommendations, and inspect the workplace. Workers should know who their JHSC representatives are and how to reach them.

7. A Note on Psychological Safety

Ontario law does not only protect physical safety. Persistent harassment, intimidation, and a failure to address complaints can give rise to significant psychological harm. Employers have a general duty under OHSA to take every reasonable precaution to protect workers — including from psychological injury caused by harassment and violence.

Workers experiencing ongoing stress, anxiety, fear, or psychological distress as a result of workplace violence or harassment may be entitled to accommodation, WSIB benefits, or other supports. Speak with your union, HR, or a legal professional for guidance specific to your situation.

Need Help? We're Here.

Bullivant Consulting works with Ontario employers and employees to navigate workplace violence and harassment issues — from policy development and training to complaint investigations and management coaching.

Visit bullivant.ca to learn more about our services or to connect with a consultant.

bullivant.ca | Ontario Workplace Consulting | This resource is for general informational purposes and does not constitute legal advice.