TL;DR — Workplace Violence Prevention Ontario
- Ontario’s Occupational Health and Safety Act (OHSA), as amended by Bill 168 (2010) and Bill 190 (2024), imposes mandatory workplace violence obligations on all Ontario employers.
- Employers with 5 or more employees must have a written workplace violence and harassment policy, reviewed annually.
- All employers must conduct a workplace violence risk assessment and develop a prevention program based on the results.
- Employers must investigate every incident of workplace violence and every threat — investigation duty arises from awareness, not from a formal complaint.
- Domestic violence that may enter the workplace is explicitly covered — employers must take precautions if aware of the risk.
- Bill 190 (2024) extended harassment and violence coverage to digital communications — threats by email, text, or social media are now explicitly covered.
- Workers can refuse unsafe work due to a violence risk; reprisal is prohibited under OHSA.
- Penalties: $100,000 per contravention for individuals; $1.5 million per contravention for corporations.
Table of Contents
- What Is Workplace Violence Under Ontario Law?
- The Legal Framework: OHSA, Bill 168, and Bill 190
- Who Must Comply and What Is Required
- The Written Workplace Violence Policy
- Conducting a Workplace Violence Risk Assessment
- Building a Workplace Violence Prevention Program
- Reporting and Investigating Incidents
- Domestic Violence in the Workplace
- Worker Rights: Refusal of Unsafe Work
- Digital Threats and Bill 190
- Penalties and Enforcement
- Common Employer Mistakes
- Frequently Asked Questions
What Is Workplace Violence Under Ontario Law?
The Occupational Health and Safety Act defines workplace violence as:
- The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury
- An attempt to exercise such physical force
- A statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force
This definition is intentionally broad. It covers actual violence, attempted violence, and credible threats — meaning an employer’s obligations are triggered well before anyone is physically harmed. A threatening voicemail, a menacing gesture, or a written message saying “you’ll regret this” can all constitute workplace violence under OHSA.
| Type | OHSA Category | Examples |
|---|---|---|
| Type 1 — Criminal intent | Workplace violence | Robbery, assault by stranger, theft with threats |
| Type 2 — Customer/client | Workplace violence | Patient assault, client threats, customer aggression |
| Type 3 — Worker-on-worker | Workplace violence or harassment (depending on nature) | Co-worker assault, bullying escalating to threats, supervisor intimidation |
| Type 4 — Personal relationship | Workplace violence (domestic violence entering work) | Partner or ex-partner threatening worker at their place of employment |
| Digital threats | Workplace harassment / violence (post-Bill 190) | Threatening emails, texts, social media messages from co-workers or clients |
Workplace violence vs. workplace harassment: Under OHSA, these are related but distinct categories. Harassment is a course of vexatious comment or conduct — persistent, unwelcome behaviour. Violence is physical force or the credible threat of it. The same conduct can qualify as both. Each has its own policy requirements and investigation obligations, though many employers address both in a combined policy document.
The Legal Framework: OHSA, Bill 168, and Bill 190
Ontario’s workplace violence obligations come from three layers:
| Law / Amendment | Year | Key Addition |
|---|---|---|
| OHSA (base legislation) | 1979 (original), ongoing | General duty to protect workers; right to refuse unsafe work; inspector powers |
| Bill 168 — Occupational Health and Safety Amendment Act | 2010 (in force June 2010) | Added explicit workplace violence and harassment definitions; mandatory written policies; risk assessments; prevention programs; domestic violence duty; duty to investigate |
| Bill 190 — Working for Workers Five Act, 2024 | 2024 | Extended OHSA harassment definition to include virtual/digital communications; employers must now have written complaint procedure even for smaller workplaces; no requirement to investigate if complaint determined to be frivolous — but threshold is high |
Federally regulated workplaces (banking, telecommunications, interprovincial transport) fall under the Canada Labour Code Part II rather than OHSA — but most Ontario employers are provincially regulated and subject to OHSA. If you are unsure which jurisdiction applies, see our guide on federal vs. provincial employment law.
Who Must Comply and What Is Required
| Employer Size | Written Policy | Risk Assessment | Prevention Program | JHSC / H&S Rep |
|---|---|---|---|---|
| All employers (any size) | Required (verbal for under 5) | Required | Required | Depends on size |
| 5+ employees | Written, annual review | Required | Required | H&S rep (6–19 workers) |
| 20+ employees | Written, annual review | Required | Required | JHSC (Joint H&S Committee) |
The JHSC (Joint Health and Safety Committee) must be involved in the development and annual review of the workplace violence and harassment policy. For smaller employers without a JHSC, the Health and Safety Representative performs this function. Failing to consult the JHSC or H&S rep when reviewing the policy is one of the most common OHSA violations found during Ministry inspections.
The Written Workplace Violence Policy
The OHSA requires the written policy to address:
- The employer’s commitment to protecting workers from workplace violence
- The employer’s commitment to assess and control the risk of workplace violence
- That the employer will ensure workers are not subjected to workplace violence
In practice, a compliant policy also typically covers:
| Policy Section | What It Should Address |
|---|---|
| Definition of workplace violence | Mirror the OHSA definition; include examples relevant to your workplace |
| Scope | All workers, visitors, clients, contractors; on-site and off-site (client visits, remote work); digital communications (post-Bill 190) |
| Roles and responsibilities | Employer obligations; supervisor obligations; worker reporting responsibilities |
| Risk assessment process | How the employer will assess, communicate, and update violence risks |
| Reporting procedure | How workers report incidents and threats; who receives reports; written complaint process |
| Investigation commitment | That the employer will investigate incidents and threats; timeline expectations |
| Domestic violence provision | Acknowledgment of the employer’s duty when domestic violence may enter the workplace |
| Non-reprisal protection | Workers will not be penalized for reporting incidents or threats in good faith |
| Consequences for perpetrators | Violations will result in discipline up to and including termination |
The policy must be posted in a visible location in the workplace — not just filed away in a handbook. Many employers display it on a bulletin board alongside the OHSA poster and the harassment policy. Workers who work remotely must receive the policy electronically.
Conducting a Workplace Violence Risk Assessment
Under OHSA section 32.0.3, every employer must assess the risk of workplace violence in the workplace. The assessment must consider:
- The nature of the workplace (industry sector, physical layout)
- The type of work performed
- The conditions of work (isolated workers, cash handling, client contact, after-hours work)
The risk assessment must be reviewed and updated if conditions change or if the employer becomes aware of a new violence risk.
High-Risk Workplace Factors
| Risk Factor | Why It Elevates Risk | Common Industries |
|---|---|---|
| Contact with the public | Workers interact with unknown individuals | Retail, healthcare, hospitality, transit |
| Cash handling | Attracts robbery; escalates criminal-intent violence | Retail, food service, financial services |
| Working alone or in isolation | No witnesses or immediate backup | Property management, home care, night-shift workers |
| Working with individuals in distress | Emotional volatility increases risk | Healthcare, social services, corrections, schools |
| Late-night or early-morning hours | Reduced supervision; higher external risk | Hospitality, retail, convenience, security |
| High-conflict client relationships | Disputes or denied claims increase hostility | Insurance, collections, legal, municipal services |
| Alcohol and substance use on premises | Impaired judgement in patrons | Bars, restaurants, events, nightclubs |
The assessment does not need to be a lengthy academic document. A well-documented walkthrough of your workplace — reviewed with your JHSC or H&S rep — that identifies the above factors and the controls already in place to address them satisfies the legal requirement.
Informing Workers of Assessment Results
Workers and the JHSC or H&S rep must be informed of the results of the risk assessment. One important nuance: if a specific person presents a risk — for example, a known aggressive client — the employer must tell workers that such a risk exists, but is not required to disclose identifying personal information about that person if doing so would violate their privacy rights. The duty is to warn without necessarily naming names in most cases.
Building a Workplace Violence Prevention Program
Once you have assessed the risks, OHSA requires a prevention program that includes:
- Measures and procedures to control risks identified in the assessment — physical controls (security cameras, panic buttons, locked areas), administrative controls (buddy systems, check-in protocols), and work practice controls (cash handling limits, after-hours protocols)
- A procedure for summoning immediate assistance when violence occurs or is threatened — who to call, how, and what to do while waiting
- A procedure for reporting and investigating incidents including threats
- How the employer will provide information about a person with a history of violent behaviour to workers who may be at risk of encountering that person
| Control Type | Examples | Effective For |
|---|---|---|
| Engineering / physical controls | Security cameras, panic alarms, barriers, locked entry, adequate lighting, cash drops | Criminal intent, client violence, after-hours risk |
| Administrative controls | Lone worker check-in protocol, visitor sign-in, client background screening, scheduling (no solo late shifts), incident reporting forms | Working alone, client violence, domestic violence |
| Work practice controls | De-escalation training, cash handling limits, client refusal protocols, escort procedures | Client violence, retail, healthcare |
| Personal protective measures | Personal alarms, mobile phones for lone workers, code words, safety apps | Field workers, home care, property management |
Reporting and Investigating Incidents
This is where many Ontario employers fall short. OHSA does not require a formal complaint before the investigation duty kicks in. The duty arises from awareness — if the employer, a supervisor, or a manager becomes aware of an incident of workplace violence or a credible threat, the investigation obligation begins regardless of whether a formal report was filed.
Who Can Investigate
| Investigator Type | Best For | Limitations |
|---|---|---|
| Internal HR or management | Lower-severity incidents; trained HR with no conflict of interest | Cannot investigate if the respondent is a senior leader or the investigator; perceived bias risk |
| External HR consultant | Mid-severity incidents; situations where internal neutrality is compromised | Cost; availability for urgent matters |
| Employment lawyer | Serious incidents likely to lead to litigation; complaints involving executives | Highest cost; may create privilege issues with investigation report |
| Law enforcement | Criminal acts — assault, robbery, credible threats meeting criminal threshold | Parallel to employer investigation; not a substitute for OHSA investigation |
Investigation Documentation Requirements
Every violence investigation must be documented. At minimum, record:
- Date, time, and location of the incident or threat
- Names of involved parties and witnesses
- Written statements from the complainant, respondent, and witnesses
- Physical evidence reviewed (security footage, messages, written documents)
- Findings and conclusions
- Corrective actions taken
Under OHSA section 32.0.7(4), the employer must inform the worker who reported the violence of the results of the investigation and any corrective action taken — but need not share the full investigation report. This protects the confidentiality of the respondent and witnesses while meeting the reporting obligation.
Retain investigation records for a minimum of 6 years, in a separate, confidential file from the general personnel file. This aligns with the standard limitation period under Ontario’s general limitations statute.
Domestic Violence in the Workplace
OHSA section 32.0.4 is unique among Canadian provincial jurisdictions: Ontario explicitly requires employers to take action when domestic violence may enter the workplace.
The duty triggers when an employer “becomes aware or ought reasonably to be aware” that domestic violence that has occurred outside the workplace is likely to expose a worker to physical injury in the workplace. This is a proactive obligation — you do not need to wait for the violence to arrive at your door.
What Employers Must Do
| Scenario | Required Employer Action |
|---|---|
| Worker discloses that an ex-partner has made threats | Take every precaution reasonable — enhanced building security, alert reception/security staff, consider a temporary change to the worker’s schedule or location |
| Worker has a restraining order against a former partner | Ensure building access controls are in place; share restricted information with security; review the worker’s safety plan |
| Supervisor notices bruising and the worker discloses domestic abuse | Duty to inquire — ask if the situation may follow them to work; offer support resources (EAP); involve HR immediately |
| Credible, imminent threat to the workplace | Contact law enforcement; implement lockdown or evacuation procedures if necessary; document all steps taken |
Privacy considerations are significant here. The employer’s duty to protect the worker does not override the worker’s right to privacy about their personal situation — but where a credible threat exists, safety takes priority. Work with HR and legal counsel when navigating serious domestic violence situations.
Worker Rights: Refusal of Unsafe Work
Under OHSA section 43, a worker may refuse to perform work if they have reason to believe the work is likely to endanger themselves or another worker. This right explicitly applies to workplace violence risk.
The Work Refusal Process
- Worker notifies supervisor that they are refusing work and states the reason (the specific violence risk)
- Supervisor investigates immediately and attempts to resolve the matter
- If the worker remains unsatisfied, the JHSC or H&S rep is involved
- If still unresolved, a Ministry of Labour inspector is called to investigate and make a decision
- During the refusal, the employer may assign the worker other work — but cannot penalize them for the refusal
Reprisal against a worker for exercising the right of refusal is prohibited under OHSA section 50. Reprisal includes dismissal, discipline, suspension, intimidation, or any adverse change to working conditions. Workers who experience reprisal can file a complaint with the Ontario Labour Relations Board.
Digital Threats and Bill 190
The Working for Workers Five Act, 2024 (Bill 190) amended OHSA to explicitly include virtual and digital communications in the definition of workplace harassment. While the amendment primarily targeted harassment, its effect extends to violent threats delivered through digital channels.
Before Bill 190, there was legal uncertainty about whether a threatening email or social media message from a co-worker constituted “workplace” harassment or violence under OHSA. Bill 190 resolved that uncertainty: threats and harassment through email, text, social media, or any electronic medium are now explicitly covered.
Practical implications for employers:
- Your written policy must include digital and virtual communications in its scope — update any policy that only addresses in-person conduct
- Your investigation procedure must address how to preserve digital evidence (screenshots, email headers, message logs)
- Remote workers are fully protected — a threat sent to a remote worker’s work email or messaging platform is a workplace violence / harassment incident
- Social media threats (e.g., a co-worker posting a threatening message about another employee publicly) are covered if the source is in the employment relationship
Penalties and Enforcement
| Contravening Party | Maximum Fine | Additional Consequences |
|---|---|---|
| Individual (supervisor, manager, director) | $100,000 per contravention | Up to 12 months imprisonment for some offences |
| Corporation | $1,500,000 per contravention | Compliance orders; stop-work orders; public disclosure |
| Reprisal against worker for reporting | OLRB reinstatement order + compensation | Reputational damage; wrongful dismissal claim if termination involved |
Ministry of Labour Employment Standards Officers and OHSA inspectors have broad investigative powers: they can enter any workplace without notice, review records, interview workers, and issue orders. A workplace violence complaint triggers an OHSA investigation, not just an administrative review.
Beyond fines, the business consequences of a workplace violence incident include: workers’ compensation claims, wrongful dismissal exposure if a worker resigns citing the unsafe environment (constructive dismissal), Human Rights Tribunal complaints if the violence had a discriminatory element, and reputational damage that affects recruiting and client relationships.
Common Employer Mistakes in Workplace Violence Prevention
| Mistake | Why It Happens | Consequence |
|---|---|---|
| Having a policy but no prevention program | Treating the policy as the entire obligation | OHSA violation; no controls in place when incident occurs |
| Never conducting a risk assessment | Believing it only applies to “dangerous” industries | OHSA violation; inability to defend against Ministry inspection |
| Not reviewing the policy annually with the JHSC | Set it and forget it after initial implementation | OHSA violation; policy becomes stale and ineffective |
| Waiting for a formal complaint before investigating | Confusion between harassment and workplace violence investigation triggers | OHSA violation; continued risk to workers |
| Failing to update policy for digital threats post-Bill 190 | Policy predates 2024 and hasn’t been reviewed | Policy gap; exposure on digital harassment complaints |
| Ignoring domestic violence disclosures as a “private matter” | Discomfort with the personal nature of the situation | OHSA breach; employer liability if violence enters the workplace |
| Retaliating against a worker who reported violence | Anger or disbelief at the complaint; dismissing it as unfounded | OLRB reprisal application; wrongful dismissal claim; OHSA penalty |
| No documentation of investigations | Treating violence incidents as HR conversations, not legal proceedings | No record to defend against Ministry investigation or litigation |
Building a Workplace Violence Prevention Culture
Compliance with OHSA’s technical requirements — policies, assessments, programs — is the floor, not the ceiling. Employers who genuinely reduce workplace violence rates invest in:
- De-escalation training for all workers who interact with the public or work in high-risk environments
- Bystander intervention training — teaching co-workers how to safely intervene or report when they witness threatening behaviour
- Clear reporting channels that workers trust — anonymous reporting options increase early disclosure of developing situations
- Psychological safety — workers who feel safe raising concerns early prevent escalation. See our guide to psychological safety in the workplace.
- Post-incident support — EAP referrals, modified duties, and follow-up check-ins for workers involved in or witnessing violent incidents
Workplace violence prevention also intersects with workplace mental health. Environments with high psychological distress — poor management, unresolved conflict, chronic overwork — tend to produce higher rates of interpersonal aggression. A violence prevention program that only addresses physical security misses the upstream causes.
Frequently Asked Questions
What is the legal definition of workplace violence in Ontario?
Under OHSA, workplace violence means the exercise of physical force, or an attempt to exercise physical force, or a statement or behaviour a worker could reasonably interpret as a threat to exercise physical force against them in a workplace. This covers actual violence, attempted violence, and credible threats.
Is a written workplace violence policy mandatory in Ontario?
Yes, for employers with 5 or more employees. The policy must be in writing and reviewed at least annually. Employers with fewer than 5 employees must still have a policy, but it does not need to be written.
What is a workplace violence risk assessment?
A required assessment under OHSA section 32.0.3 that considers the nature of the workplace, type of work, and conditions of work to identify violence risks. The results must be communicated to workers and the JHSC or H&S rep. The assessment must be updated when workplace conditions change.
Can an Ontario worker refuse work due to workplace violence?
Yes. Under OHSA section 43, a worker may refuse work they have reason to believe will likely endanger them — including due to a violence risk. The employer must investigate the refusal. Reprisal against the worker for exercising this right is prohibited.
What are employer obligations when domestic violence may enter the workplace?
Under OHSA section 32.0.4, employers must take every reasonable precaution to protect the worker if they know or ought to know that domestic violence that occurred outside the workplace is likely to expose the worker to physical injury at work.
What changed with Bill 190 for workplace violence?
Bill 190 (2024) extended OHSA harassment coverage to explicitly include virtual and digital communications — emails, texts, social media. Threats made through digital channels from co-workers or clients are now explicitly covered by OHSA workplace violence and harassment provisions.
Need help reviewing your workplace violence policy, conducting a risk assessment, or managing a workplace incident? HRX Connect provides HR consulting and fractional HR services for Ontario employers. Contact us to discuss your situation.
References: Occupational Health and Safety Act (Ontario) | Bill 168 — Occupational Health and Safety Amendment Act, 2009 | Working for Workers Five Act, 2024 (Bill 190) | Ministry of Labour — Workplace Violence and Harassment