WORKPLACE VIOLENCE AND HARASSMENT POLICIES FOR ONTARIO CONSTRUCTION

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Construction sites are high-pressure environments. Tight deadlines, physical labour, multiple trades working in close quarters, and the inherent dangers of the work itself create conditions where conflict can escalate quickly. Ontario law recognizes this reality. Under the Occupational Health and Safety Act (OHSA), as amended by Bill 168, every employer in Ontario — including construction employers — must have written policies and programs addressing workplace violence and workplace harassment.

This is not a suggestion. It is a legal obligation with real consequences for non-compliance. Here is what Ontario construction employers need to know.

What Bill 168 Requires

Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), came into force on June 15, 2010. It amended the OHSA to add specific requirements around workplace violence and harassment. The legislation was later strengthened by Bill 132 in 2016, which expanded the definition of workplace harassment to include workplace sexual harassment and added investigation requirements.

Under these amendments, every Ontario employer must:

• Prepare a written workplace violence policy — a clear statement of the employer's commitment to protecting workers from workplace violence
• Prepare a written workplace harassment policy — a clear statement addressing harassment, including sexual harassment
• Develop and maintain programs — implementing programs that go beyond policy statements to include specific measures for prevention, reporting, and response
• Conduct a risk assessment for workplace violence — assessing the risks of violence that may arise from the nature of the workplace, the type of work, and the conditions of work
• Provide information and instruction — ensuring workers and supervisors understand the policies, programs, and their rights and responsibilities

These requirements apply to all Ontario workplaces, including construction projects. There is no exemption for small employers, short-duration projects, or subcontractors.

Definitions Under OHSA

The OHSA defines workplace violence and workplace harassment specifically, and understanding these definitions is critical to developing compliant policies.

• Workplace violence — the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury. It also includes an attempt to exercise physical force and a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force.
• Workplace harassment — engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. This includes workplace sexual harassment.
• Workplace sexual harassment — engaging in a course of vexatious sexual comment or conduct that is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the advance is in a position to confer, grant, or deny a benefit or advancement.

Note that workplace harassment requires a "course of" conduct — meaning a pattern of behaviour, not typically a single incident (unless that incident is severe). Workplace violence, however, can be a single act.

Employer Duties — Policy and Program

The OHSA distinguishes between a policy and a program. You need both.

The policy is a high-level statement that the employer is committed to preventing workplace violence and harassment. It must be in writing, posted in a conspicuous location in the workplace, and reviewed at least annually.

The program is the operational plan that puts the policy into action. For workplace violence, the program must include:

• Measures and procedures to control identified risks — based on the risk assessment, what specific steps will be taken to reduce the likelihood of violence
• Measures and procedures for summoning immediate assistance — how a worker who is experiencing or witnessing violence can get help quickly
• Measures and procedures for reporting incidents — a clear process for workers to report incidents of violence to the employer or supervisor

For workplace harassment, the program must include:

• Measures and procedures for reporting incidents — including how to report and to whom, with an alternative reporting path if the alleged harasser is the worker's direct supervisor
• How incidents and complaints will be investigated — the investigation process must be set out in the program
• How the worker will be informed of the results — workers who file complaints must be told the outcome of the investigation and any corrective action taken

Risk Assessment for Violence

The OHSA requires employers to assess the risks of workplace violence that may arise from the nature of the workplace, the type of work, or the conditions of work. On a construction site, this risk assessment should consider:

• Working in occupied buildings or near the public — renovation projects in occupied buildings expose workers to interactions with residents, tenants, or members of the public who may become confrontational
• Isolated or remote work locations — workers on large sites, in basements, on upper floors, or in remote areas may be vulnerable because help is not readily available
• Night shift and early morning work — reduced staffing and limited visibility increase risk
• Conflict between trades or crews — scheduling disputes, workspace conflicts, and production pressure can escalate to aggression
• History of incidents — previous incidents of violence, threats, or aggressive behaviour on a site or involving specific individuals must be considered
• Domestic violence that may follow a worker to the workplace — employers have a duty to take reasonable precautions to protect a worker if they become aware or ought reasonably to be aware that domestic violence may enter the workplace

The risk assessment must be communicated to the joint health and safety committee (JHSC) or health and safety representative, and must be reviewed as often as necessary to ensure it remains current.

Reporting Procedures

Your program must establish a clear, accessible reporting process. On a construction site with multiple employers and subcontractors, this can be complicated. Best practices include:

• Multiple reporting channels — a worker should be able to report to their direct supervisor, the site superintendent, the constructor's health and safety coordinator, or a designated person. If the complaint involves a supervisor, an alternative channel must be available.
• Written and verbal options — not all workers are comfortable putting a complaint in writing immediately. Allow verbal reports and document them promptly.
• Confidentiality — while absolute confidentiality cannot be guaranteed (the employer must investigate, which may require disclosing some information), the program should commit to limiting disclosure to what is necessary for the investigation and any corrective action.
• Timely acknowledgement — the worker should be acknowledged within a reasonable time frame, informed that their report has been received, and told what the next steps will be.

Investigation Process

Under the OHSA, an employer must ensure that an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances. The investigation must be conducted by a person who is not directly involved in the allegations and who has the knowledge and experience (or access to such knowledge and experience) to conduct a fair investigation.

• Impartial investigator — the investigator should have no conflict of interest. For small construction companies, this may mean engaging an external investigator.
• Timely investigation — while the OHSA does not specify a time frame, unreasonable delays can constitute a failure to comply. Investigations should be initiated promptly and completed as quickly as thoroughness allows.
• Both parties interviewed — the complainant and the respondent must both have an opportunity to provide their account. Witnesses should also be interviewed where relevant.
• Written results — the investigation should produce written findings and, where appropriate, recommendations for corrective action.
• Notification to both parties — both the complainant and the respondent must be informed of the investigation results and any corrective action taken.

Reprisal Protections

Section 50 of the OHSA prohibits reprisals against any worker who exercises a right under the Act, including reporting workplace violence or harassment. Reprisal includes dismissal, discipline, suspension, intimidation, coercion, or any other penalty. A worker who believes they have been subjected to reprisal can file a complaint with the Ontario Labour Relations Board.

On construction sites, where employment can be precarious and workers may move between projects frequently, the fear of reprisal is particularly acute. Employers must actively communicate that reporting will not result in negative consequences and must follow through on that commitment.

Construction-Specific Scenarios

Construction sites present unique challenges that your policies and programs should address directly:

• Multi-employer worksites — a single construction project may have dozens of subcontractors. The constructor has overall responsibility for the project, but each employer has obligations for their own workers. Policies should clarify who is responsible for what and establish a coordinated approach to prevention and reporting.
• Transient workforce — workers may be on a project for days or weeks, making it harder to build relationships and awareness. Orientation should include violence and harassment policies and reporting procedures.
• Aggressive behaviour disguised as "construction culture" — yelling, intimidation, hazing of apprentices, and aggressive language are sometimes dismissed as normal on construction sites. They are not. If the behaviour meets the definition of harassment or violence under the OHSA, it is a legal issue regardless of how normalized it may feel.
• Tool and equipment as weapons — the risk assessment should recognize that construction sites are full of objects that can be used to cause harm. This does not mean frisking workers, but it does mean that threats involving tools should be taken seriously and addressed immediately.

Workplace violence and harassment in construction is not something that only happens to other people on other sites. Ontario law requires every construction employer to take it seriously, put it in writing, communicate it to workers, and follow through when incidents occur. The cost of compliance is minimal. The cost of ignoring it — in human terms and legal liability — is enormous.