Workplace Violence Policy (Canada)

A Workplace Violence Policy in Canada is a legally binding written instrument.S.C. 1985, c. L-2).

In Ontario, the Occupational Health and Safety Act (R.S.O. 1990, c. O.1), as amended by the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, requires employers with five or more employees to prepare and post a written workplace violence policy; develop and maintain a workplace violence program that includes measures and procedures to control identified risks, procedures for reporting incidents, and provisions for obtaining assistance; assess the risks of workplace violence in the workplace; and provide workers with information and instruction on the policy and program. Section 32.0.1(1) of the OHSA specifically requires that the policy address the employer's commitment to protect workers from workplace violence and state that workplace violence will not be tolerated.

Ontario's OHSA defines workplace violence under section 1 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; an attempt to exercise such physical force; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker. Notably, section 32.0.5 of the OHSA imposes a duty on employers to warn workers of the risk of workplace violence from a person with a history of violent behaviour — including the risk of violence from clients, patients, and members of the public — where the employer is aware or ought to be aware of that history.

At the federal level, the Work Place Harassment and Violence Prevention Regulations (SOR/2020-21) effective January 1, 2021, apply to all workplaces governed by Part II of the Canada Labour Code. These regulations require federally regulated employers to develop a thorough prevention plan addressing harassment and violence jointly with the workplace committee or health and safety representative, conduct a workplace assessment identifying the risk factors specific to the workplace, implement prevention measures, establish an occurrence response procedure, provide support to affected employees, and conduct annual training. The regulations define harassment and violence broadly to include any action, conduct, or comment — including any of a sexual nature — that can reasonably be expected to cause offence, humiliation, or other physical or psychological injury or illness to an employee.

A Workplace Violence Policy is closely related to, but distinct from, a Workplace Bullying Policy. Both documents address harmful workplace conduct, but the workplace violence policy focuses specifically on physical harm and physical threats, while the bullying policy addresses psychological harm through repeated or sustained harassing conduct. Many Canadian employers maintain both documents as part of a thorough workplace safety program, and the Work Place Harassment and Violence Prevention Regulations at the federal level address both categories in a single integrated framework.

A Workplace Violence Policy in Canada is needed by employers in all industries to comply with mandatory provincial occupational health and safety legislation, manage the legal risks of violent incidents, and fulfill their duty of care to employees under both statute and common law.

All Ontario employers with five or more employees must have a written workplace violence policy and program under sections 32.0.1 and 32.0.2 of the OHSA. The Ontario Ministry of Labour, Immigration, Training and Skills Development conducts workplace inspections and can issue orders requiring employers to prepare or post the required policy, with fines up to CAD $100,000 for individuals and CAD $1.5 million for corporations per conviction under section 66(1) of the OHSA.

High-risk industries — healthcare (hospitals, long-term care homes, home care), social services, retail, financial services, and public transit — face elevated legal obligations because the nature of the work or the client population creates foreseeable violence risks. Ontario's Regulation 67/93 under the OHSA for health care and residential facilities imposes specific requirements for violence risk assessment, prevention program design, and critical incident response in healthcare settings. The Workplace Safety and Insurance Board (WSIB) of Ontario tracks workplace violence claims, and employers with high claim rates face experience rating surcharges.

Federally regulated employers — banks including Royal Bank of Canada, Toronto-Dominion Bank, Bank of Nova Scotia, and Bank of Montreal; telecommunications companies including Bell Canada and Telus; airlines; and federal government departments — must comply with the Work Place Harassment and Violence Prevention Regulations (SOR/2020-21) regardless of workforce size, and must maintain a jointly developed prevention plan filed with Employment and Social Development Canada upon request.

Employers who become aware that an employee has a history of violent behaviour toward coworkers or customers, or who receive credible threats of violence, must take immediate action under section 32.0.5 of the Ontario OHSA. Failure to warn at-risk workers of a known or foreseeable threat can constitute a breach of the duty of care under occupational health and safety legislation and expose the employer to negligence liability under civil law.

Work-alone situations — where employees work in isolation without ready access to assistance in the event of an emergency — require specific workplace violence risk assessment and prevention measures under occupational health and safety regulations in British Columbia (Regulation 4.23-4.24 of the OHS Regulation), Alberta, and Nova Scotia, among other provinces.

A legally compliant Canadian Workplace Violence Policy contains the following essential components, each addressing a specific statutory requirement or risk management objective.

The policy statement clause establishes the employer's commitment to a workplace free from violence and states unequivocally that workplace violence — including physical assault, threatening behaviour, verbal threats, and near-miss incidents — will not be tolerated. The statement should reference the applicable legislation: sections 32.0.1 to 32.0.7 of the Ontario OHSA for Ontario employers, the Work Place Harassment and Violence Prevention Regulations for federally regulated employers, or the equivalent provincial statute. The policy must be signed by the most senior leader of the organization and dated.

The definition of workplace violence clause must mirror the statutory definition in the applicable legislation. For Ontario, the policy must define workplace violence consistently with section 1 of the OHSA, covering physical force, attempted physical force, and statements or behaviour reasonably interpreted as a threat of physical force. The policy should provide concrete examples — physical assault, threats of assault, brandishing weapons, throwing objects, verbal threats — to give employees and supervisors a clear understanding of what conduct is covered.

The workplace violence risk assessment clause describes the employer's commitment to conduct periodic assessments of the risk of workplace violence, as required by section 32.0.3 of the Ontario OHSA. The assessment must consider the nature of the workplace, the type of work performed, and the conditions of work, and must be shared with the joint health and safety committee (JHSC) or health and safety representative. High-risk factors to be assessed include: public-facing work, work alone, late night or early morning shifts, handling cash or valuables, working with individuals in crisis, and prior incidents of violence.

The prevention measures clause describes the practical controls implemented to reduce violence risks, including: physical security measures (access controls, security cameras, panic buttons, adequate lighting); administrative controls (two-worker policies for high-risk situations, sign-in/sign-out procedures for work alone, buddy systems); and training programs for employees in violence recognition, de-escalation, and reporting. Prevention measures should be proportionate to the risk level identified in the workplace assessment.

The reporting and response procedure clause establishes clear steps for employees to report violent incidents or threats: to whom the report should be made, in what format, and within what timeframe. The procedure should require immediate notification to a supervisor for violent incidents in progress, and a subsequent written report for documentation purposes. The procedure must include provisions for obtaining immediate assistance (security, police, paramedics) and for interim protective measures to separate the affected worker from the source of the threat.

The investigation procedure clause specifies how the employer will investigate reported incidents of workplace violence. The investigation must be conducted by a person with appropriate training and impartiality, and must result in a written report with findings and recommendations. Critical injuries — as defined under section 1 of the Ontario OHSA — must be reported to the Ministry of Labour immediately by phone and in writing within 48 hours under section 51 of the OHSA.

The support for affected workers clause addresses the employer's commitment to provide support to workers who experience workplace violence, including access to the Employee Assistance Program (EAP), accommodation for psychological injury, WSIB claims assistance, and referral to counselling or crisis support services.

Under the Canada Labour Code (R.S.C. 1985, c. L-2), the Canada Industrial Relations Board adjudicates federal workplace disputes. Provincial employment standards legislation — including Ontario's Employment Standards Act 2000 and British Columbia's Employment Standards Act (RSBC 1996) — governs minimum employment terms. The Personal Information Protection and Electronic Documents Act (PIPEDA) governs private-sector data handling. The Canada Revenue Agency (CRA) administers source deductions and Canada Pension Plan (CPP) contributions. The forms-legal.com Workplace Violence Policy (Canada) template covers the mandatory elements under Canada Labour Code (R.S.C. 1985, c. L-2). The Occupational Health and Safety Act 1990 (Ontario, Section 32.0.1) defines workplace violence and requires employers to have a written workplace violence policy. The Occupational Health and Safety Act 1990 (Ontario, Section 32.0.3) requires employers to conduct risk assessments for workplace violence. The Occupational Health and Safety Act 1990 (Ontario, Section 32.0.5) requires employers to investigate workplace violence incidents. The Workers Compensation Act 2019 (British Columbia, Section 115) requires employers to prevent workplace violence. The Occupational Health and Safety Act 2017 (Alberta, Section 3) requires employers to address violence hazards. The Canada Labour Code 1985 (Section 125.1) requires federally regulated employers to prevent workplace violence. The Criminal Code 1985 (Section 264) makes criminal harassment and threatening conduct a criminal offence. The Workplace Safety and Insurance Act 1997 (Ontario, Section 13) covers chronic mental stress claims arising from workplace violence. The Human Rights Code 1990 (Ontario, Section 5) prohibits workplace harassment based on protected grounds. The Employment Standards Act 2000 (Ontario, Section 50.1) provides job-protected leave for domestic violence victims. The Occupational Health and Safety Regulation 1997 (British Columbia, Section 4.27) requires workplace violence prevention programs. The Canada Occupational Health and Safety Regulations 1986 (Section 20.5) require federally regulated employers to address workplace violence risks.