Three different Acts outline requirements related to reporting – the Occupational Health and Safety Act (OHSA), the Education Act, and the Workplace Safety and Insurance Act (WSIA). Refer to Appendix H: Road Map.

Reporting under the Occupational Health and Safety Act

The OHSA requires school boards to develop measures and procedures for workers to report incidents of workplace violence to the school board or supervisor (e.g., principal or designate).

Workers have a duty to report the existence of any hazards, including acts of workplace violence, of which they are aware, to their school board or supervisor.

School boards also must immediately notify the Ministry of Labour, Immigration, Training and Skills Development Health & Safety Contact Centre, the JHSC or health and safety representative, and the union, if a person, whether or not a worker has been critically injured or killed at the workplace, if there is a connection between the hazard that gave rise to the death/critical injury and worker health and safety. Employers must do this even if the person is not a worker if the fatality or critical injury occurred where a worker was working or might reasonably be expected to work and there is a reasonable connection between the hazard that led to the death or critical injury and worker health and safety.

School boards must provide a written report within 48 hours to the Ministry of Labour, Immigration, Training and Skills Development about the incident. O. Reg. 420/21 sets out specific information that must be included in the written report. MLITSD has created an online form for this. For more information on critical/fatal injury and reporting, visit the MLITSD website.

If a person is disabled from doing their usual work or requires medical attention because of an incident of workplace violence,  the school board must provide written notice  to the JHSC, MJHSC, and health and safety representative and union within four days of the incident. For example, if a teacher is disabled from performing yard duty but can continue to provide classroom instruction, a written notice must be provided. The school board may also be required to provide written notice to the MLITSD if requested to do so by an inspector.

Information obtained about an incident of workplace violence, including identifying information about any individuals involved, should not be disclosed unless disclosure is necessary to protect workers, to investigate the complaint or incident, to take corrective action or otherwise as required by law. There are other laws that govern the use and disclosure of personal information. In such cases, school boards may wish to seek legal advice.

Note: A principal may take into account mitigating factors with regards to the suspension/expulsion of a student (see Reporting of Serious Student Incidents under the Education Act) however, these factors do not relieve the employer of their duty to report as required under the OHSA.

For more information on reporting under the OHSA, refer to OHSA s.28 and OHSA s.51 and s.52.

Reporting serious student incidents under the Education Act

This section clarifies procedures related to reporting and responding to serious student incidents. The purpose of reporting serious student incidents is to ensure that the principal is aware of any activities taking place in the school for which suspension or expulsion of the student must be considered and to help ensure a positive school climate. This reporting is separate and distinct from the requirements related to reporting workplace violence as per the OHSA.

Note: If the serious student incident also meets the OHSA definition of workplace violence, the worker/supervisor should follow the school board’s measures and procedures for reporting the workplace violence incident, as required under OHSA.

Refer to Appendix C: Reporting of Serious Student Incidents for a full explanation of the reporting under the Education Act section 300.2 (Reporting to the principal) and Ontario Regulation 472/07 – Behaviour, Discipline and Safety of Pupils.

Reporting under the Workplace Safety and Insurance Act

For obligations of school boards and workers with regard to reporting an injury or illness under the Workplace Safety and Insurance Act (WSIA), 1997 please refer to the WSIB Reporting website.

For workers affected by a workplace injury, the Workplace Safety and Insurance Board (WSIB) provides the resources and support for workers to help them recover and safely return to work.