Understanding employer duties with respect to workplace harassment under the OHSA

As workplaces across Ontario prepare for holiday parties and social gatherings, we encourage all employers and managers remind everyone in the workplace about Ontario's workplace violence and harassment legislation

Ontario’s Occupational Health and Safety Act (OHSA) provides protection for workers against workplace violence and harassment, including sexual harassment. Employers have specific duties with respect to workplace harassment under the OHSA.

​It is the employer’s responsibility to take all reasonable precautions necessary to ensure employees know the laws and understand how to best protect themselves.

It is important for employers to address any unwanted behaviours early to minimize the potential for workplace harassment to lead to workplace violence. 

In this article, we review:

• Workplace violence and harassment legislation
• Impacts of workplace sexual harassment on the workplace
• Examples work workplace sexual harassment

Click here for the answer.

Legislation

Bill 168, passed in 2010, is part of the Occupational Health and Safety Act that requires employers to develop, implement, and maintain policies and programs regarding workplace violence and harassment.

Bill 132, effective on September 8, 2016, contains significant amendments to the Ontario Occupational Health and Safety Act. Included among these amendments are:  An expansion of “workplace harassment” to now include “workplace sexual harassment.”

Review Ontario's legislation

Quiz Answer

The maximum fine that a company can be charged under the OHSA as a result of workplace sexual harassment is $100,000.

​Impacts for Canadian Workplaces

The impact of sexual assault goes far beyond direct victims. Each year, sexual assault costs Canadian society billions of dollars. In 2009, dealing with sexual assault and related offenses cost the Canadian economy an estimated $4.8 billion.
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It is the employer’s responsibility to take all reasonable precautions necessary to ensure employees know the laws and understand how to best protect themselves. This includes ensuring that workers, managers and supervisors understand the sources of workplace violence and harassment (including both internal and external sources) and their roles and responsibilities in maintaining a safe and healthy workplace that is free from violence and harassment.

​It is important for employer’s to understand the potential sources and impacts of workplace violence and harassment to develop a robust policy for managing these issues.

Examples of workplace sexual harassment

There is a continuum of unwanted behaviours that can occur in a workplace. This can range from offensive remarks to violence. Some examples of sexual harassment are:

• asking for sex in exchange for a benefit or a favour
• repeatedly asking for dates, and not taking “no” for an answer
• demanding hugs
• making unnecessary physical contact, including unwanted touching
• using rude or insulting language or making comments toward women
  (or men, depending on the circumstances)
• calling people sex-specific derogatory names
• making sex-related comments about a person’s physical characteristics
  or actions
• saying or doing something because you think a person does not conform
  to sex-role stereotypes
• posting or sharing pornography, sexual pictures or cartoons, sexually
  explicit graffiti, or other sexual images (including online)
• making sexual jokes
• bragging about sexual prowess.

Related Courses

• Workplace Violence and Harassment training
• For more information about workplace violence and harassment legislation and best practices for developing a workplace violence and harassment policy, please contact MidSouthWest today.

​Last updated November 14, 2019