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Part II .

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Violence in the Workplace Regulations

made under

Section 82 of the

Occupational Health and Safety Act

S.N.S. 1996, c. 7

O.I.C. 2007-200 (April 4, 2007, effective April 1, 2008*), N.S. Reg. 209/2007

* Except Sections 1 to 6, which are effective October 1, 2007.

Citation

1 These regulations may be cited as the Violence in the Workplace Regulations .

Definitions

2 In these regulations,

(a)“Act” means the Occupational Health and Safety Act ;

(b) “adequate” means sufficient to protect a person from injury or damage to

health;

(c)“committee” means [a] committee as defined in the Act;

(d) “healthcare workplace” means any of the following:

(

i) a district health authority under the Health Authorities Act ,

(ii) a nursing home, a home for the aged, a residential care facility under the

Homes for Special Care Act or any other long-term-care facility, and

(iii) a place where emergency health services or home care services are

provided;

(e)“representative” means [a] representative as defined in the Act;

(f) “violence” means any of the following:

(

i) 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,

(ii) conduct or attempted conduct of a person that endangers the physical

health or physical safety of an employee.

Violence as an occupational health and safety hazard

3 These regulations do not diminish the responsibility of all workplace parties to recognize

violence as a occupational health and safety hazard in carrying out their precautions and

duties under the Act.

Application of these regulations

4 These regulations apply at any workplace where the primary business is any of the

following:

(

a) health services, including services provided at a healthcare workplace;

(

b) ambulance, emergency ambulance and emergency health services provided

under the Emergency Health Services Act ;

(

c) medical services;

(d)dental services;

(e)veterinary services;

(

f) blood collection services;

(g)testing and diagnostic services;

(

h) pharmaceutical-dispensing services, including facilities operating under the

Pharmacy Act ;

(

i) education services provided by institutions, including any of the following:

(

i) the Nova Scotia Community College,

(ii) a degree granting institution designated under the Degree Granting Act ,

(iii) a private career college registered under the Private Career Colleges

Act ,

(iv) a school governed by the Education Act ;

(

j) policing services, detective services and other law enforcement services,

including services provided under the Police Act , the Police Services Act and

the Constables Act ;

[Note: the Constables Act is repealed by S.N.S. 2011, c. 54, effective December 15, 2011.]

(

k) correctional services, including services provided at any of the following:

(

i) a correctional facility as defined in the Corrections Act,

(ii) a facility under the Correctional Services Act ,

(iii) a facility under the Court Houses and Lockup Houses Act ,

(iv) a place or facility designated as a youth custody facility under subsection

85(2) of the Youth Criminal Justice Act (Canada),

(

v) a place or facility designated as a place of temporary detention under

subsection 30(1) of the Youth Criminal Justice Act (Canada);

(

l) probation services provided by a probation officer or assistant probation officer

appointed under the Correctional Services Act ;

(

m) security and related services, including licensees under the Private

Investigators and Private Guards Act ;

(

n) crisis counseling and intervention services, including any services provided by

an agency as defined in the Children and Family Services Act ;

(

o) retail sales;

(

p) delivery services, including parcel delivery services;

(

q) financial services, including services provided by any of the following:

(

i) facilities operating under the Trust and Loan Companies Act ,

(ii) facilities operating under the Credit Union Act ,

(iii) [an] insurer licensed to carry on business under the Insurance Act ,

(iv) a money lender under the Money-lenders Act ;

(

r) sales of liquor or providing premises for consuming liquor, including premises

licensed under the Liquor Control Act ;

(s)taxi services;

(t)passenger transit services;

(

u) gaming activities conducted and managed under the Gaming Control Act ;

(

v) services provided by or on behalf of the departments, offices and special

operating agencies established under the Public Service Act that involve regular

interaction with the public;

(

w) homemakers’ services as defined in the Homemakers’ Services Act .

Violence risk assessment

(1) An employer must conduct a violence risk assessment for each of their workplaces in

accordance with this

Section to determine if there is a risk of violence in the

workplace and prepare a written report concerning the violence risk assessment

detailing the extent and nature of any risk identified by the assessment.

(2) In conducting a violence risk assessment, an employer must take all of the following

into consideration:

(

a) violence that has occurred in the workplace in the past;

(

b) violence that is known to occur in similar workplaces;

(

c) the circumstances in which work takes place;

(

d) the interactions that occur in the course of performing work;

(

e) the physical location and layout of the workplace.

(3) An employer must consult with any committee established at the workplace when

conducting a violence risk assessment and must provide the committee with a copy

of the written report of the assessment.

(4) An employer must consult with any representative selected at the workplace when

conducting a violence risk assessment and must provide the representative with a

copy of the written report of the assessment.

When new violence risk assessment required

(1) An employer must conduct a new violence risk assessment for a workplace in any of

the following circumstances:

(

a) the employer becomes aware of a type of violence occurring in similar

workplaces that was not taken into consideration when the previous violence

risk assessment was conducted;

(

b) there is a significant change in any of the following:

(

i) the circumstances in which work takes place,

(ii) the interactions that occur in the course of performing work,

(iii) the physical location or layout of the workplace;

(

c) the employer plans to construct a new facility or renovate an existing facility;

(

d) the employer is ordered to do so by an officer.

(2) An employer must conduct a new violence risk assessment for each of their

workplaces at least every 5 years.

Workplace violence prevention plan

(1) An employer must establish and implement a workplace violence prevention plan for

each workplace for which a significant risk of violence is identified through a

violence risk assessment or that an officer orders a plan for.

(2) As part of a workplace violence prevention plan, an employer must do all of the

following:

(

a) prepare a written workplace violence prevention statement;

(

b) either

(

i) take and document reasonable measures to minimize and, to the extent

possible, eliminate the risk of violence in the workplace, or

(ii) adopt a code of practice on violence in the workplace published by the

Director governing the primary business conducted at the employer’s

workplace;

(

c) establish and document procedures for providing employees with the

information and training required by Sections 10 and 11;

(

d) establish and document procedures for reporting, documenting and

investigating incidents of violence as required by Sections 12 and 13.

(3) An employer must consult with any committee established at the workplace when

establishing, reviewing or revising a workplace violence prevention plan.

(4) An employer must consult with any representative selected at the workplace when

establishing, reviewing or revising a workplace violence prevention plan.

(5) An employer must make a copy of the workplace violence prevention plan available

for examination at the workplace by any employer, contractor, constructor, supplier,

employee, owner or self-employed person in that workplace.

Review and revision of workplace violence prevention plan

(1) If a new violence risk assessment indicates a significant change to the extent and

nature of the risk of violence, an employer who is required to establish and

implement a workplace violence prevention plan must ensure that the plan is

reviewed and, if necessary, revised.

(2) At least every 5 years, an employer who is required to establish and implement a

workplace violence prevention plan must ensure that the plan is reviewed and, if

necessary, revised.

Workplace violence prevention statement

(1) An employer must prepare a workplace violence prevention statement that includes

all of the following:

(

a) a statement of the employer’s recognition that violence is an occupational

health and safety hazard at the workplace;

(

b) a statement of the employer’s recognition of the physical and emotional harm

resulting from violence;

(

c) a statement of the employer’s recognition that any form of violence in the

workplace is unacceptable;

(

d) a statement of the employer’s commitment to minimize and, to the extent

possible, eliminate the risk of violence in the workplace.

(2) An employer must post a copy of their workplace violence prevention statement in a

prominent place or places in each of their workplaces so it can be easily accessed by

employees, and must ensure that it remains posted.

Information that must be provided to employees

(1) An employer must provide an employee who is exposed to a significant risk of

violence in a workplace with information on the nature and extent of the risk and on

any factors that may increase or decrease the extent of the risk.

(2) Except as prohibited by law, the duty to provide information to an employee under

subsection (1) includes a duty to provide information related to a risk of violence

from a person who has a history of violent behavio[u]r if that person is likely to be

encountered by the employee.

Training and supervision for employees

(1) In accordance with the procedure in an employer’s workplace violence prevention

plan, an employer must provide adequate training on all of the following for any

employee who is exposed to a significant risk of violence:

(

a) the rights and responsibilities of employees under the Act;

(

b) the workplace violence prevention statement;

(

c) the measures taken by the employer to minimize or eliminate the risk of

violence;

(

d) how to recognize a situation in which there is a potential for violence and how

to respond appropriately;

(

e) how to respond to an incident of violence, including how to obtain assistance;

(

f) how to report, document and investigate incidents of violence.

(2) An employer must provide any employee who is required by the employer to

perform a function under the workplace violence prevention plan with training on

the plan generally and on the particular function to be performed by the employee.

Duty to report incidents of violence

12 An employer, contractor, constructor, supplier, employee, owner or self-employed person

in the workplace has a duty to report all incidents of violence in a workplace to the

employer.

Documentation, investigation and actions to prevent reoccurrence

(1) An employer must ensure that incidents of violence in a workplace are documented

and promptly investigated to determine their causes and the actions needed to

prevent reoccurrence in accordance with the procedures established under clause

7(2)(d).

(2) An employer must ensure that notice of the actions taken to prevent reoccurrence of

an incident of violence are given to all of the following:

(

a) any employee affected by the incident of violence;

(

b) any committee established at the workplace;

(

c) any representative selected at the workplace.

Dealing with employees exposed to or affected by violence

14 An employer must provide an employee who has been exposed to or affected by violence

at the workplace with an appropriate debriefing and must advise the employee to consult a

health professional of the employee’s choice for treatment or counseling.

Employers with multiple temporary workplaces

15 Despite anything in these regulations, an employer who has employees performing work at

multiple temporary workplaces is not required to conduct a violence risk assessment or

prepare a workplace violence prevention plan for each individual workplace if the

employer conducts a violence risk assessment and prepares a workplace violence

prevention plan that covers similar workplaces collectively and takes into account the

circumstances and interactions that an employee is likely to encounter in the performance

of their work.

Ability to meet duties collectively

(1) Despite anything in these regulations, 2 or more employers may enter into a written

agreement to collectively provide and maintain the statements, plans and services

required under these regulations.

(2) A copy of any agreement made under subsection (1) must be kept by each of the

employers and must be provided to any of the following, engaged at the workplace

of 1 of the employers, who request a copy:

(

i) an employee;

(ii) a contractor;

(iii) a constructor;

(iv) a supplier;

(

v) an owner or self-employed person;

(vi) an officer.