That’s a really interesting Q. In Ontario, the phrase “likely to expose” comes up only in one place in OHS law that I’m aware of–in the what was Bill 168 provisions requiring employers to assess risks LIKELY TO EXPOSE a worker to the risk of physical violence. The MOL explains what the term means in the context of whether an employer must disclose information about a co-worker’s history of violence to protect a worker. Here’s what it says:
What factors should I consider in determining what is likely to expose a worker to physical injury’
Employers would have to evaluate the circumstances of a person’s history of violent behaviour and determine which workers would be likely to encounter this person in the course of their work and whether the person poses a risk to those workers.
Some factors to consider include:
- Was the history of violence associated with the workplace or work’
- Was the history of violence directed at a particular worker or workers in general’
- How long ago did the incident(s) of violence occur’
- What measures and procedures are in place in the existing workplace violence program’
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But there are very few cases involving Bill 168 and certainly nothing I know of that specifically addresses what “likely to expose” means.
Hope that helps. Glenn
