Security Matters - May / June 2010

I N F O R M A T IO N S U P P L E M E N T

BILL 168

AND ITS POSSIBLE COST IMPLICATIONS

How much is preventing violence and

harassment in the workplace going to cost me?

By Patrick Ogilvie

T

he sum of an equation is dependent upon the vari‐ ables. So, when Ontario’s new Bill 168 Occupational Health and Safety Amendment Act, Violence and Ha‐

rassment in the Workplace, takes effect on June 15, 2010, two new equations will be introduced to your business with sev‐ eral variables that determine the answer to the question, “What will be the cost?” Here’s how the equation might look if you’re in compli‐

ance with the new legislation: Bill 168 compliance = the com‐ pletion of an

assessment + the development and

implementation of policies and programs + the commis‐ sioning of reasonable procedural and physical safeguards. Of course, the ultimate sum is not the monetary cost of

the requirements of the Act, but the end result of providing a workplace that is free of violence and harassment, which can result in a more productive workforce. The equation for non‐compliance is a little longer and it

might look something like this: the existence of violence and harassment in the workplace + Ministry of Labour enforce‐ ment (individual employer convictions of up to $25,000 in fines and/or 12 months imprisonment or corporation con‐ victions of fines up to $500,000) + the Ministry’s compliance order to complete an assessment + the development and im‐ plementation of policies and programs + the commissioning of reasonable procedural and physical safeguards + potential

32 SECURITY MATTERS • MAY/JUNE 2010

litigation from a victim or the family of a victim = We should

have addressed this sooner!

In reality, we are not mathematicians. We are subject

matter experts that realize that the majority of exposures to organizations come from a lack of communication and sup‐ port programs for workers, including: • Programs that enable workers to report concerns and occurrences;

• Programs where workers can turn for help; • Programs that have a process that deals with exposures at their inception; and

• Programs that continually evolve to identify weaknesses and correct them. The sum of the Bill 168 equation is about protecting

workers in a proactive manner that complies with the legis‐ lation at a reasonable cost to you before experiencing an oc‐ currence that can cost you much more.

Patrick Ogilvie is a senior consultant — Corporate Division with King‐Reed & Asso‐ ciates Inc., an internationally recognized in‐ vestigations firm with associate networks throughout North America, Europe and The Far East. He is also the chair of the ASIS International Toronto Chapter. Page 1 | Page 2 | Page 3 | Page 4 | Page 5 | Page 6 | Page 7 | Page 8 | Page 9 | Page 10 | Page 11 | Page 12 | Page 13 | Page 14 | Page 15 | Page 16 | Page 17 | Page 18 | Page 19 | Page 20 | Page 21 | Page 22 | Page 23 | Page 24 | Page 25 | Page 26 | Page 27 | Page 28 | Page 29 | Page 30 | Page 31 | Page 32 | Page 33 | Page 34 | Page 35 | Page 36 | Page 37 | Page 38 | Page 39 | Page 40 | Page 41 | Page 42