As one of the first Canadian jurisdictions to use health and safety laws to address workplace harassment, in 2010 Ontario added a definition of and provisions for “harassment” reporting and response into the Occupational Health and Safety Act. The province has just passed Bill 132 to expand those OHS harassment provisions. Bill 132 arose as part of a broad process to address sexual harassment and sexual violence in Ontario known as the “Its Never OK Action Plan to Stop Sexual Harassment and Violence”. This session will introduce participants to these new amendments to OHSA workplace harassment provisions, and discuss their implications, as well as practical strategies for dealing with harassment related issues and complaints under OHS legislation. The session will cover:

• How media attention in sexual assault and harassment cases could result in significant increased attention on this matter as an OHS issue;
• The new additional definition of “sexual harassment” in the OHSA;
• Clarification to the OHSA harassment definition to exclude reasonable management action;
• Expanded obligations of employers to develop harassment programs in consultation with the JHSC or representative as appropriate;
• Expanded OHSA obligations to investigate and inform the parties involved of the results of the investigation;
• New confidentiality and non-disclosure provisions;
• New powers of Ministry of Labour inspectors to order direct impartial third party investigations at the employer’s expense, and when that might occur;
• What needs to be done by September 2016, when the OHSA amendments come into force; and
• Practical advice on responding to OHSA harassment complaints appropriately in the circumstances, preparing and distributing information and reports, maintaining confidentiality where appropriate or required and how OHSA harassment will continue to interplay with Human Rights related issues and complaints