Bill 168 – Lessons Learned
Moderated Panel Discussion for the HRPA – Halton Chapter

In March, I was delighted to plan and moderate a panel discussion on Bill 168-Lessons Learned for the Human Resources Professional Association (HRPA) – Halton Chapter. It was important to have a diverse group of experts participate on the panel to provide insight from different perspectives. I was pleased to have several experts accept the invitation to join the panel. The panel consisted of an Ontario Ministry of Labour coordinator, a risk assessment expert, an employment lawyer, an Organizational Wellness Manager, and an Operational HR Generalist.

The objective of the moderated panel discussion was to find out:

• What was it like implementing Bill 168 in your workplace?
• Is your organization in full compliance?
• How can lessons learned help with implementing future changes in the workplace?

The audience left with a better understanding of issues related to Bill 168 and how to plan, implement, and manage change required for future legislative changes. Here’s what participants had to say:

• Great topic. Really pleased with speaker panel.
• Very relevant. Panel format is engaging & diverse.
• Excellent session – very informative & practical. Joanne was an excellent moderator.
• Great panel! Moderator was excellent – kept the discussion moving at a perfect pace!



Key Learning from the Panel Discussion:

Scott Hanville, Regional Program Coordinator, Industrial Program, Ontario Ministry of Labour (MOL). Scott has worked for the MOL for 12 years, with 10 years in the field as an industrial inspector.

• When the MOL inspections started they found noncompliance with all parts of s.32 across all sectors and in both large and small workplaces. Some workplaces had policies and programs in place already for workplace harassment and workplace violence but needed to formally document them to comply with s.32.
• 80% of large workplaces and 20% of small workplaces were in compliance and the most common order involved risk assessments and training.
• The MOL role regarding “complaints” is limited to ensuring compliance with the minimum requirements, fact gathering, and documentation. The MOL does not mediate issues.
• Training of employees (providing information and instruction) means training can be delivered in whatever method or time frame that ensures the employee is competent with the policies, measures and procedures.

Patrick Ogilvie, CPP, PSP, King-Reed & Associates LP. Patrick’s Board certifications in Security Management and Physical Security aided in the development and rollout of King-Reed’s Bill 168 assessments, focusing on procedural and physical security protocols and responses.

• Education and communication are critical and ongoing so that employees know what to do when needed. E-blasts, Intranet posts, lunch and learns, and training help.
• There are many different interpretations about what constitutes an assessment, coming from H&S & HR professionals, legal minds, etc.  The most important thing to recognize is that violence and harassment generally are not random, but more the growing and festering of issues. They may reach their pinnacle because the workplace doesn’t have the programs in place to guide and mitigate issues before they become occurrences of violence and harassment.
• Companies can balance between exposure and solutions by conducting a threat risk assessment, and understanding their exposures. From there programs can be created such as an Employee Assistance Program, ethics reporting, and conflict resolution. Programs and reasonable measures based upon the industry and specific vulnerabilities can be implemented. Companies can implement cost effective strategies, such as electronic assessments.
• Care must be taken not to use a one-size fit all risk assessment and programs. Two companies in the same industry, one with a much higher risk of harassment and violence than the other, would need more comprehensive programs put into place.

Stuart Rudner, Partner in Miller Thomson’s Labour & Employment Law Group. Stuart focuses on employment law. He speaks and writes extensively on employment law and litigation topics, and has been interviewed on television, radio, and in print. Later this year, his book on summary dismissal in Canada will be published by Thomson Reuters.

• It is critical that employers be aware of the specific terms used in the legislation, and the definitions thereof. The legislation is designed to apply to all workplaces, so it is not sufficient to consider potential dangers at “head office.” It covers all places where workers are performing work – it can include being in a car, visiting a client, or – when we spoke at this conference, that was our workplace. A helpful test is whether the individual is being paid to be at the place in question.
• Similarly, “worker” is a much broader term than “employee.” It includes contractors, consultants, and many other individuals that would not be regulated by, for example, employment standards legislation. Bill 168 is intended to protect a broad group, and employers should be careful to ensure that they take into account anyone covered by the legislation.
• Remember the wording in the legislation – “must take every precaution reasonable…when they are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace and that it would likely expose a worker to physical injury.” Employers cannot bury their heads in the sand and ignore the signs of potential issues. Employers are not expected to spy on their employees or interrogate them about their personal lives, but they cannot ignore warning signs. If there is a risk, they must take reasonable precautions, which can include things such as extra security, surveillance and restricting access.
• There is a fine line between disclosing information about a worker with a history of violence and protecting individual privacy. Employers should only disclose if there will be contact and likely injury, or they risk liability for disclosing personal information. If it is necessary to disclose, employers should be careful to only disclose as little as reasonably necessary

Michele LeBlanc, CHRP, Human Resources Generalist – Operations, TDL Group Corp. Michele was involved in the tactical implementation of Bill 168 in regards to Workplace Harassment Policy revisions at the restaurant level.

• The workplace assessment found there were gaps in accountability that we could focus on correcting.
• Domestic violence happens more than expected. Bill 168 and the requirements raised the awareness of domestic violence and the risk of it coming into the workplace. Domestic violence is not always between spouses, and can be between parents and children.
• In a country wide company like Tim Horton’s, it is best to incorporate the highest legislation from a province and implement it nationally as a standard.
• In a franchise situation, communicate the legislation and the implications to the franchisees as business owners. Provide tools that can be customized to help them implement the requirements of the legislation while ensuring that they can customize to their specific circumstances and locations. Communicate that they are accountable for implementation.

Jill Ramseyer, Manager, Organizational Wellness, Tim Horton’s Inc. Jill oversees National Wellness, Disability Management and Occupational Health and Safety Programs.

• Ensure you dedicate an appropriate amount of time and resources for this kind of project. Having a cross-functional project team was key. Make sure to have representation from different facets of the business including HR, H&S, Operations and Legal
• A one size fits all approach will not work. It is important to consider different business functions and adapt appropriately.
• The creation of a training matrix was helpful to identify the different groups that require education and training, after which the delivery method can be identified along with the level of instruction that will be effective for each group.
• When doing assessments it was useful to speak to stakeholders. It is not just about a physical assessment. There are already lots of procedures and practices in place that are an important part of the big picture.

These are all good tips to get you started. It’s never too late to become compliant. Don’t wait for an incident of violence and harassment to force you to react. Be prepared.

If you need more help, call us for a consultation or register for a workshop. Our Bill 168 Workshops are very practical and hands-on to help participants implement the workplace violence and harassment policies, procedures and practices, including training in a cost effective and timely manner. We provide you with the knowledge, and the tools to meet the requirements

Best regards, Joanne

P.S. If  you would like to be proactive about meeting legislative requirements for the Accessibility for Ontarians with Disabilities Act by the deadline of January 1, 2012, register for our  AODA Workshop.

Joanne Royce, Royce & Associates, Human Resources & Training Solutions,
Creating happy, healthy, and productive workplaces