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CCCA_V4No2_Dept-EmploymentLaw-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 4/29/10 4:20 PM Page 14 Employment Law A new bar for safety on the job A new workplace violence and harassment law places a heavier burden on Ontario employers to address bullying at work. By Daniel A. Lublin n April 6, 1999, Pierre Lebrun “homosexual,”a“jerk-off”and accused of 2010, Ontario employers, supervisors and Ostrolled into OC Transpo in masturbating at work. Despite years of even workers will have to take steps to Ottawa, his former workplace, and complaints to management regarding the protect employees. opened fire on six of his ex-co-workers, poisoned work environment, it had not There are concerns, however, that the killing four and wounding two. There seriously addressed the problem. new requirements raise more questions was nothing random about Lebrun’s More than a decade later, the Ontario than answers. actions.The disgruntled former employ- government has passed Bill 168,which dra- For example, employers must now take ee had an agenda. On the day of the matically amends Ontario’s Occupational steps to prevent “workplace violence” and murders, he held a rifle in one hand and Health and Safety Act by designating work- “workplace harassment,” which, by defini- a list of names in the other. place violence and harassment as occupa- tion, include the actual exercise of physical OC Transpo had a history of bullying tional health and safety hazards. force, an attempt to exercise physical force, within the organization that had plagued Already before the amendments, there or a statement or behaviour that a worker its employees for years. At the coroner’s were vague requirements that employers views as a threat to physical force that does inquest, Lebrun’s mother testified that her take all reasonable precautions to protect or could cause physical injury. However, son had been the target of harassment in their employees, but seldom was there since terms such as “physical force” and ISTOCKPHOTO the workplace, having been called a much of a concern. Starting on June 15, “physical injury” are undefined, there is 14 CCCA Canadian Corporate Counsel Association SUMMER 2010