WORKPLACE VIOLENCE: LEGAL OBLIGATIONS AND RESPONSIBILITIES. November 30, 2005 Health Care Health and Safety Association of Ontario Eric M. Roher Partner Borden Ladner Gervais LLP phone: 416-367-6004 email: [email protected] What is Workplace Violence?.
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Canadian Health and Safety Law
Ontario Public Service Employees Union
Ontario Nurses’ Association
British Columbia Nurses’ Union
Study from the Registered Nurses’
Associations in Manitoba and Ontario
Nova Scotia Study
Ontario Nurses’ Association, 1995
Burden of proof is on the plaintiff to show, on the balance of probabilities, that the defendant did not meet the standard of care of a reasonable person in given circumstances.
“engaging in a course of vexatious comment or conduct that is known or ought reasonably known to be unwelcome.”
Risk management is the process of planning, organizing and controlling activities that contain an element of risk of injury to the worker.
1. Obtain management commitment and employee involvement.
2. Develop a policy, with clear goals and objectives.
3. Conduct a worksite risk assessment.
4. Put violence prevention, control and response measures in place.
5. Educate employees about the program and train them.
6. Evaluate the program and procedures.
To create major changes in the workplace, the organization needs:
appallingly pathetic that
it has to be us.”
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