Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Richmond Street Warehouse Restaurant Ltd. of Vancouver, British Columbia, a chain of restaurants and bars, was injured during an incident of workplace violence. The company failed to develop, maintain and implement a workplace violence policy compliant with Section 32.0.2(2) of the Occupational Health and Safety Act.
On the day of the incident a worker was acting as a host at the company’s Richmond Street location in London. At approximately 1 a.m. a floor manager asked the worker to tell a customer to leave the bar.
While the worker was speaking with the patron, they mimicked striking the worker. A second later, the patron’s companion struck the worker. Both the worker and the second patron fell to the floor. As the worker began to stand up, the patron struck the worker again.
The worker called 911 and reported the incident to the floor manager via a social media messaging application. The worker was taken to a hospital and treated for an injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that El Furniture Warehouse had little to no procedure or training for handling violent situations. There were no procedures for summoning immediate assistance, no radios to assist with communication between workers, and at the time of the incident, no security guards.
Inspectors also learned that El Furniture had not completed a risk assessment in the workplace, despite there having been incidents of violence in the previous year.
Section 32.0.2 of the Occupational Health and Safety Act states that, “An employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1(1)(a).” Section 32.0.2(2) of the Act sets out several requirements that that policy shall include, such as ensuring there are measures and procedures for summoning immediate assistance when workplace violence occurs.
Following a guilty plea in Provincial Offences Court, London, El Furniture Warehouse was fined $55,000 by Justice of the Peace Abdul Ali Chahbar; Crown Counsel was Katie Krafchick.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Section 32.0.2(2) of the Ontario Occupational Health and Safety Act (OHSA), states,
“Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;
(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and
(e) include any prescribed elements.”
Please ensure your company has the violence policy required under section 32.0.1(1a). The contents of the policy and the appropriate procedures are very clear.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Standard Operating Procedures’ and ‘Violence in the Workplace’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.