p42 s1 bill 111 b111 e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 111

An Act to amend the Occupational Health and Safety Act to protect workers who speak out about workplace violence and workplace harassment Ms F. Gélinas Private Member’s Bill 1st Reading May 7, 2019 2nd Reading 3rd Reading Royal Assent EXPLANATORY NOTE The Bill amends the Occupational Health and Safety Act . The provisions of the Act protecting workers against reprisals are amended to include protections against reprisals against workers who speak out about workplace violence and workplace harassment. The amendments provide that a reprisal is any measure taken against a worker that adversely affects the worker’s employment. Examples of reprisals are provided. Bill 111 2019

An Act to amend the Occupational Health and Safety Act to protect workers who speak out about workplace violence and workplace harassment Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Occupational Health and Safety Act 1 Subsection 50 (1) of the Occupational Health and Safety Act is repealed and the following substituted: No discipline, dismissal or other forms of reprisal

(1) No person, including an employer, shall take a reprisal against a worker because the worker, in good faith, (

a) acts or has acted in compliance with this Act or the regulations or an order made under this Act; (

b) seeks or has sought advice about a pos sible contravention of this Act or the regulations or the enforcement of this Act or the regulations; (

c) seeks or has sought the enforcement of this Act or the regulations; (

d) assists or has assisted with the activities of a joint health and safety committee or health and safety representative; (

e) seeks or has sought the establishment of a joint health and safety committee or the designation of a health and safety representative; (

f) performs or has performed the function of a joint health and safety committee member or occupational health and safety representative; (

g) refuses or has refused to perform

an act or series of acts that the worker reasonably believes violate this Act or the regulations; (

h) gives or has given information to a joint heal th and safety committee, a member of the joint health and safety committee, a health and safety representative, a trade union, an inspector or any other person responsible for the administration of this Act or the regulations; (

i) makes a report of workplace violence or workplace harassment or a report of any other contravention of this Act or the regulations to an employer, supervisor, joint health and safety committee or member of a joint health and safety committee, health and safety representative, trade union or inspector; (

j) participates in a workplace violence or workplace harassment investigation or in any other health and safety investigation; (

k) is about to testify or has testified or otherwise given evidence in a proceeding in respect of t he enforcement of this Act or the regulations or in an inquest under the Coroners Act; or (

l) provides information to the public or makes a disclosure or complaint to the public about workplace violence, workplace harassment or any other possible contravention of this Act or the regulations. Same

(1.1) For the purposes of subsection (1), a reprisal is any measure taken against a worker that adversely affects the worker’s employment, and includes, without limiting the generality of the foregoing, (

a) ending or threatening to end the worker’s employment; (

b) demoting, disciplining or suspending, or threatening to demote, discipline or suspend, a worker; (

c) imposing or threatening to impose a ny penalty related to the worker’s employment, including a ny penalty such as layoff, transfer, discontinuation or elimination of a job, change of a job location, reduction in wages or change in hours of work; or (

d) intimidating or coercing a worker in relation to the worker’s employment. Commencement 2 This Act comes into force on the day it receives Royal Assent. ii

Short title 3 The

short title of this Act is the Speaking Out About Workplace Violence and Workplace Harassment Act, 201 9.

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 111 b111 e.pdf
Type	bill
Volume / chapter	p42 s1 bill 111 b111 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	6f55ee95e2fc96073bc22e87aaf702aafc56100e

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