BILL 168 FREQUENTLY ASKED QUESTIONS


Q: Who needs to comply with Bill 168?

    A:  All workplaces in Ontario that follow the Occupational Health and Safety Act must comply, but only workplaces with over five workers need to have a written policy and that policy must be posted in the workplace. The Act does not apply to workplaces in Ontario that fall within federal jurisdiction. Contact the Ministry of Labour for more information. 

Q: Is there a deadline when a workplace must be in compliance?

    A:  Bill 168 passed on December 15, 2009 and workplaces have until June 15, 2010 to be in compliance.  It is important not to wait, the sooner you are in compliance the better protected you are.

Q: We have multiple offices.  Do we need a Policy for each work-site?

    A: Yes. Each work-site must comply with Bill 168 and have a Policy and any reporting forms available on-site.

Q: Do all workplaces need to conduct a violence risk assessment?

    A: Yes. Each business must conduct a violence risk assessment and report the results of that assessment to the workers.

Q:  Should the violence assessment be in writing?

    A:  It does not have to be in writing but if it is in writing then the written results must be made available to the workers.

Q: Is it just businesses that need to comply?

    A:  No, any place where someone is getting paid to perform work is considered a workplace and that can include churches, not-for-profit agencies, association offices, and public and private workplaces.

Q: Who are considered workers under Bill 168?

    A:  A worker is anyone who is getting paid to perform work in a workplace.  This includes full-time and part employees, casual and contract workers, owners and independent contractors.

Q: Are volunteers considered workers?

    A: No.  Volunteers are not included in the definition of Worker; however, most workplaces will include volunteers in their policies and procedures.

Q: Is Worker the same as Employee?

    A: No. Under the Definitions section of the Policy 'Worker' is used as defined by the Occupational Health and Safety Act.  Employee, as defined by the Employment Standards Act, does not apply to the Occupational Health and Safety Act or to the amendment, Bill 168, and therefore the term Worker has been used throughout this manual.

Q: Do I have to give a course to all workers?

    A: The Act states that all workers must receive information and instruction on the contents of the Workplace Harassment and Violence Prevention Program.  They must also be instructed as to where the Policy and Forms are kept in the workplace.  How each Employer structures this instruction is up to them.

Q:  Do I have to post the policy in the workplace?

    A: The policies shall be in written form and shall be posted at a conspicuous place in the workplace.  This does not apply if the number of workers regularly employed at the workplace is five or fewer, unless an inspector orders otherwise.