p42 s2 bill 68 b068 e.pdf

Ontario — Bills

2ND SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 68

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 December 6, 2021 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 68 2021

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of the Province of Ontario, enacts as follows: 1 Subsection 50 (1) of the Occupational Health and Safety Act is repealed and the following substituted: No discipline, dismissal or other forms of reprisal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 possible 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 health 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 the enforc ement 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 any penalty related to the worker’s employment, including any 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. 2

Short title 3 The

short title of this Act is the Speaking Out About Workplace Violence and Workplace Harassment Act, 2021 .

Document details

Collection	Ontario — Bills
Citation	p42 s2 bill 68 b068 e.pdf
Type	bill
Volume / chapter	p42 s2 bill 68 b068 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	9ca181a158c2cc6f6d1ac648d2d678b0a57ca245

Source file is stored in the law ingest library (json).