Technical Corner

August 26, 2024

Introduction

While many office spaces and service centres have redesigned how frontline staff can be better protected from aggressive customers by controlling access or placing of barriers, recreation staff continue to be frontline customer service specialists that interact with people in a close and personal manner. Recreation spaces have always offered some level of sanctuary for persons who are struggling, exaggerated social conditions have elevated and increased the number of interactions between recreational staff and these individuals. Regrettably, some of these events are aggressive in nature placing operational staff at risk.

The Ministry of Labour, Immigration, Training and Skills Development recognized violence in the workplace as an escalating issue in 2010 and introduced regulated responsibility for employers to be proactive in recognizing and dealing with these issues through educational information and mandatory training for all workers on the subject of violence in the workplace [Bill 168 – Ontario’s Law on Workplace Violence and Harassment]. The Ministry recognized that workers may face violence and harassment in any workplace and from any person in that workplace. There is a continuum of unwanted behaviours that can occur in a workplace, with offensive verbal remarks and physical violence both more commonly occurring.

The harassing or violent person may be part of the workforce, including a co-worker, manager, supervisor or employer. Or the person may be someone with no formal connection to the workplace such as a stranger or a domestic/intimate partner who brings violence or harassment into the workplace. This may include, but is not limited to, a client, customer, volunteer, student, patient, etc. The inclusion of “patient” in this resource focused on recreation operations may seem misplaced. However, many recreation facilities are used for health services programs (e.g. the pandemic clinics) and often results in the expectation that staff will provide some level of security as part of the facility use.

Additional Legislation, Policy and Procedure

Facility management must develop policy and procedures to assist staff in understanding the Occupational Health and Safety Act (OHSA) responsibilities while setting limits that identify when conditions elevate to a higher level of enforcement. Canada's Criminal Code deals with matters such as violent acts, sexual assault, threats and behaviours such as stalking and may require police to be contacted. Harassment may also be a matter that falls under Ontario's Human Rights Code and as such may need a different approach.

The OHSA defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an:

• attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and a
• statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker [section 1].

This may include but not limited to:

• verbally threatening to attack a worker;
• leaving threatening notes at or sending threatening e-mails to a workplace;
• shaking a fist in a worker's face;
• wielding a weapon at work;
• hitting or trying to hit a worker;
• throwing an object at a worker;
• sexual violence against a worker;
• kicking an object the worker is standing on such as a ladder; or
• trying to run down a worker using a vehicle or equipment.

Given the already regulated responsibility to develop and maintain violence and harassment in the workplace tools and training, the ORFA raises an additional level of concern regarding the increase in user and public behavior that increases the risk of injury.

Basic Review of Regulated Responsibility

1. Every employer in Ontario must prepare and review, at least annually, a policy on workplace violence, as required by the OHSA [section 32.0.1 (1) (a) and (c)].

2. Under the OHSA, the employer has several responsibilities for assessing the risks in the workplace. The risks should be re-assessed as often as is necessary to protect workers from workplace violence.

The employer must:

• assess the risk of workplace violence that may arise from the nature of the workplace, type of work or conditions of work [section 32.0.3 (1)].
• consider the circumstances of the workplace and circumstances common to similar workplaces, as well as any other elements prescribed in regulation [section 32.0.3(2)]; and,
• develop measures and procedures to control identified risks that are likely to expose a worker to physical injury. These measures and procedures must be part of the workplace violence program [section 32.0.2 (2) (a)].

3. The employer must advise the joint health and safety committee or health and safety representative of the assessment results. If the assessment is in writing, the employer must provide a copy to the committee or the representative [section 32.0.3 (3) (a)].

4. In addition to preparing a workplace violence policy and assessing the risks of workplace violence, under the OHSA every employer must develop and maintain a program to implement the workplace violence policy [section 32.0.2].

The program must include:

• measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
• measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;
• measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
• how the employer will investigate and deal with incidents or complaints of workplace violence; and
• any other elements prescribed in regulation.

Conclusion

The ORFA is committed to raising awareness on this increasing issue and encourages their members to become more proactive in their efforts in protecting all staff and users of recreational spaces by embracing the regulated responsibilities associated with the topic and investing in improved operational preparedness.

Additional News

• Understand the law on workplace violence and harassment
• Why is there an increase of violence in Canadian public libraries?