AROUND THE PROVINCES: Definitions of ‘Violence’ in OHS Laws

0
20

Two co-workers yelling at each otherIt’s become clear that workplace violence is one of the hazards from which employers must protect workers. As a result, most jurisdictions have specific workplace violence requirements in their OHS laws, including definitions of what constitutes violence. And these definitions, while often similar, aren’t all the same. For example, some definitions specifically exclude worker-on-worker incidents. Here’s a chart showing how the OHS laws of each jurisdiction define “violence.”

 

 

 

 

DEFINITIONS OF ‘VIOLENCE’ IN OHS LAWS

 


LAW

FED “Workplace violence” is defined as any action, conduct, threat or gesture of a person towards an employee in his/her workplace that can reasonably be expected to cause harm, injury or illness to that employee. Canada OHS Regs., Sec. 20.2
AB “Violence,” whether at a work site or work related, means the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury. OHS Code, 2009, Sec. 1
BC “Violence” is defined as the attempted or actual exercise by a person—other than a worker—of any physical force so as to cause injury to a worker and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury. OHS Reg., Sec. 4.27
MB “Violence” is defined as:1) the attempted or actual exercise of physical force against a person; and2) any threatening statement or behavior that gives a person reasonable cause to believe that physical force will be used against that person. Workplace Safety and Health Reg., Sec. 1.1
NB Doesn’t address workplace violence in its OHS laws.
NL “Violence” is defined as the attempted or actual exercise by a person—other than a worker—of physical force to cause injury to a worker and includes threatening statements or behaviour which gives a worker reason to believe that he or she is at a risk of injury. OHS Regs. 2012, Sec. 22(1)
NT/NU Don’t address workplace violence in their OHS laws.
NS “Violence” is defined as any of the following:1) threats, including a threatening statement or threatening behaviour that gives an employee reasonable cause to believe that the employee is at risk of physical injury; and2) conduct or attempted conduct of a person that endangers the physical health or physical safety of an employee. Violence in the Workplace Regs., Sec. 2(f)
ON “Workplace violence” is defined as:1) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;2) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and3) a statement or behaviour that’s reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. OHS Act, Sec. 1(1)
PE “Violence” is defined as the threatened, attempted or actualexercise of any physical force by a person—other than a worker—that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury. OHS Regs., Sec. 52.1
QC Doesn’t address workplace violence in its OHS laws.
SK “Violence” is defined as the attempted, threatened or actualconduct of a person that causes or is likely to cause injury and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury. OHS Regs., Sec. 37(1)
YT Doesn’t address workplace violence in its OHS laws.