Workplace Violence in Ontario: Your Rights Under the OHSA

What Counts as Workplace Violence?

Under the OHSA, workplace violence includes:

• The exercise of physical force against a worker (punching, pushing, grabbing).
• An attempt to exercise physical force.
• A statement or behaviour that a worker reasonably interprets as a threat of physical force.

Note: Workplace harassment (psychological mistreatment) is a separate but related concept under the same legislation.

Employer Obligations

All Ontario employers must:

• Have a written Workplace Violence Policy.
• Conduct a risk assessment and review it regularly.
• Develop a program to implement the policy, including measures for reporting and investigating incidents.
• Inform workers of risks, including those related to domestic violence if the employer is aware it may enter the workplace.
• Allow workers to refuse unsafe work if they believe workplace violence is likely.

Your Right to Refuse Unsafe Work

Under Section 43 of the OHSA, you may refuse to perform work if you have reason to believe it may endanger yourself or another worker. Employers cannot discipline or dismiss you for a good-faith work refusal.

How to Report Workplace Violence

1. Report the incident to your supervisor or HR immediately in writing.
2. Keep copies of all correspondence and document dates, times, witnesses.
3. If serious bodily harm occurred or is threatened, call police (911).
4. File a complaint with the Ministry of Labour if the employer fails to investigate or takes reprisals against you.
5. If retaliated against, you may file an OHSA reprisal complaint with the Ontario Labour Relations Board.

Intersection with Human Rights

If the violence or threats are motivated by a protected ground (race, sex, disability, etc.), you may also have a Human Rights Tribunal complaint in addition to an OHSA complaint.