This resource may be useful if you are trying to understand the Occupational Health and Safety Act and its regulations. It does not replace the act or its regulations and should not be used as or considered legal advice. Health and safety inspectors apply these laws based on the facts they find in the workplace.

If you are or have been a victim of a criminal offense, such as assault, sexual assault or criminal harassment (stalking), you should call the police.

Overview and important definitions

Everyone should be able to work in a safe and healthy workplace. The Occupational Health and Safety Act (OHSA) sets out roles and responsibilities of workplace parties when it comes to workplace violence and workplace harassment, including developing and implementing policies and programs.

Inspectors from the Ministry of Labour, Immigration, Training and Skills Development can determine whether your employer met their obligations under the OHSA, including the obligation to post their workplace policy or program regarding violence and harassment.

MLITSD inspectors cannot:

  • investigate specific allegations to determine if workplace violence or harassment occurred
  • order compensation or other individual remedies

Important terms

Workplace violence

The exercise, attempt to exercise or threat to exercise physical force against a worker that causes or could cause physical injury to a worker in a workplace. This could also be a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force.

Learn more about what could be considered workplace violence under OHSA.

Workplace harassment

Engaging in unwanted conduct or remarks against a worker in a workplace, including virtually through the use of information and communications technology, that is known or can be reasonably assumed to be unwelcome. This can be a single serious incident or a course of repetitive incidents.

Workplace harassment is not a manager or supervisor taking a reasonable action relating to the management and direction of workers or the workplace.

Learn more about what could be considered workplace harassment under OHSA

Workplace sexual harassment

Engaging in unwanted conduct or remarks against a worker in a workplace, including virtually through the use of information and communications technology, focusing on sex, sexual orientation, gender identity or gender expression that is known or can be reasonably assumed to be unwelcome.

Learn more about what could be considered workplace sexual harassment.

What a worker can do

Document and report the problem

Incidents and complaints of workplace violence or workplace harassment should be brought to the attention of the supervisor, employer or the person identified in the workplace violence or workplace harassment program.

Consider keeping a record of:

  • when and where the incident occurred
  • what was said or done, including specific details (such as direct quotes or actions)
  • who said or did it
  • the names of people involved, including any potential witnesses
  • any screen shots of virtual harassment or statements interpreted as threats

Resources if you have issues reporting to your employer

If you are having problems reporting an incident of workplace violence or harassment to your employer, there are resources and other options you can use. Learn more about your options if:

If your employer is the harasser

You may file a complaint with the Ministry of Labour, Immigration, Training and Skills Development. Depending on the circumstances, an MLITSD inspector may order your employer to arrange to have an investigation carried out by an impartial person. Your employer would be required to share the results of the investigation and any corrective actions with you, in writing.

MLITSD inspectors can only investigate to decide if your employer met their obligations under the OHSA. They cannot:

  • investigate specific allegations to determine if workplace violence or harassment occurred or not
  • order compensation or other individual remedies

If your employer does not have or does not provide you with information on a workplace policy or program regarding violence and/or harassment

You may file a complaint with the Ministry of Labour, Immigration, Training and Skills Development.MLITSD inspectors can only determine whether your employer met their obligations under the OHSA, including the obligation to post their workplace policy or program regarding violence and harassment.

MLITSD inspectors cannot: 

  • investigate specific allegations to determine if workplace violence or harassment occurred
  • order compensation or other individual remedies

If your employer fails to conduct a harassment investigation that is appropriate in the circumstances

In cases of harassment, you may file a complaint with the Ministry of Labour, Immigration, Training and Skills Development.

MLITSD inspectors can only determine whether your employer met their obligations under the OHSA. Inspectors may choose to ask follow-up questions such as:

  • Did the employer treat the complaint seriously?
  • Was the complaint addressed promptly and sensitively?
  • Was the investigation conducted with transparency and honesty?
  • Were the particular details of allegations provided to an alleged harasser?
  • Was the alleged harasser given adequate opportunity to explain or respond?
  • Did the employer interview witnesses with potentially relevant information?
  • Did the employer consider other evidence, such as surveillance or computer records, which might be relevant to the investigation?

MLITSD inspectors cannot: 

  • investigate specific allegations to determine if workplace violence or harassment occurred
  • order compensation or other individual remedies

If you think your employer has threatened or punished you for exercising your rights under the OHSA.

You may file a complaint with the Ontario Labour Relations Board (OLRB) if you think your employer has reprised against you.

If you are a member of a trade union, your union representative can help you file a complaint with the OLRB or a grievance under your collective agreement.

If you are not a member of a union, the Office of the Worker Adviser Office of the Worker Adviser can offer free advice and represent you at a mediation, consultation or hearing at the OLRB

Learn more about reprisals against workers by employers and the supports available to you as a worker.

How the risks of workplace violence are managed in the workplace

Under the OHSA., managing the risks of workplace violence includes:

  • assessing the risk of violence in their workplaces and repeating the assessment as often as necessary to ensure their workplace violence policy and program continue to protect workers from workplace violence
  • developing measures and procedures to control the risks they identify

If you feel the risks of violence in your workplace are not being addressed

If you believe your employer has not met their responsibilities under the OHSA., you may file a complaint with the Ministry of Labour, Immigration, Training and Skills Development.

MLITSD inspectors can only investigate to determine if your employer met their obligations under the OHSA

Work refusal in the case of workplace violence

Workers have the right to refuse work or refuse to do particular work if they have a reason to believe that workplace violence is likely to endanger them. For some workers, this right is limited because their refusal could directly endanger the life, health or safety of another person.

If you believe you are in danger from workplace violence, you can follow the procedure for a work refusal set out in the OHSA.

The OHSA does not allow workers to refuse work only on the basis of workplace harassment.

Where to go if you need more support

Human rights

Contact the Human Rights Legal Support Centre to talk about your rights under Ontario’s Human Rights Code, which prohibits discrimination and harassment based on a protected ground, such as:

  • race
  • colour
  • creed
  • place of origin
  • sex
  • ethnic origin
  • citizenship
  • sexual orientation
  • gender expression
  • gender identity
  • record of offenses
  • age
  • disability
  • religion
  • ancestry
  • marital status
  • family status

Contact the Human Rights Tribunal of Ontario (HRTO) to file a human rights application. The time limit for filing an application at the HRTO is one year from the date of the last incident of discrimination or harassment.

Visit the Ontario Human Rights Commission for more information about human rights.

Law Society Referral Service

Visit the Law Society of Ontario to:

  • request the name of a lawyer or paralegal who will give you up to 30 minutes of free consultation to explore your options
  • access a crisis line for people who would like a referral to a legal representative but are unable to use the online service
  • be referred to a lawyer or paralegal who speaks languages other than English or French or who accepts legal aid certificates

Help for those experiencing violence

Find a helpline, shelter or other support to help people experiencing violence, including domestic violence.

Job-protected leave for victims of domestic or sexual violence

If you need time off work for specific reasonsrelated to domestic or sexual violence against you or your child, you may be entitled to a job-protected leave of absence under the Employment Standards Act.

Learn more about domestic or sexual violence leave under the Employment Standards Act.

Office of the Worker Adviser

The Office of the Worker Adviser can also assist non-unionized workers, free of charge, if they have been injured or experienced reprisal for following health and safety laws.

Resources for employers

The requirements for violence and harassment in the workplace under the Occupational Health and Safety Act establish minimum standards and set out the rights and duties of all those who have a role in dealing with workplace violence and workplace harassment.

Learn more about responsibilities related to:

The ministry and its partners have developed the following resources to help employers comply with their legal obligations related to workplace violence and harassment.

Policies and programs

Employers are responsible for having:

  • policies in place with respect to workplace violence and harassment
  • policies in place with respect to workplace violence and harassment

Read our guide to understanding the law on workplace violence and harassment to:

  • learn more about the responsibilities of workplace parties under OHSA
  • learn about the requirements for policies and programs
  • find sample policies and programs

For workplace harassment, following our code of practice to address workplace harassment can help ensure compliance with the law.

Domestic violence

Employers who are aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace must take every precaution reasonable in the circumstances to protect a worker at risk of physical injury.

Workers should be told that they can report their concerns to their employer if they fear that domestic violence may enter the workplace.

Employers must be prepared to investigate and deal with these concerns on a case-by-case basis. In addition to evaluating a worker's specific circumstances, employers should determine how measures and procedures in the existing workplace violence program could be used to support the development of reasonable precautions for the worker.

For more information see the section of the Guide to the Occupational Health and Safety Act Domestic Violence.

Communication of risks with workers

Employers and supervisors must provide information to a worker if they are at risk of workplace violence and encountering someone in their workplace with a history of violent behavior. Personal information may be disclosed, but only what is reasonably necessary to protect the worker from physical injury.

Risk communication should alert workers to the risk of violence and instruct them on what to do to mitigate the risk.

Help with reprisal issues

The Office of the Employer Adviser offers free, confidential advice, representation and education on unlawful reprisals under the Occupational Health and Safety Act.

Partner resources

The Ministry of Labour, Immigration, Training and Skills Development funds six health and safety associations. They provide training, consulting and clinical services for workers and employers related to occupational health and safety, including prevention of workplace violence and harassment.

Public Services Health and Safety Association

Works with Ontario’s Public and Broader Public Sector employers.

  • The Workplace Violence in Healthcare web page provides links to a host of resources and a separate microsite to support health care organizations to implement a comprehensive workplace violence prevention program, including resources tailored to hospitals, community care and long-term care.
  • The Workplace Violence in Education web page provides links to a workplace violence risk assessment toolkit for school boards and other resources to assist school boards in protecting workers from workplace violence.

Workplace Safety and Prevention Services

Serves the manufacturing, agricultural and service sectors.

  • The Workplace Violence Risk Assessment tool is a digital tool to help employers assess and control the risks for violence in their workplace and the resource hub provides links to resources and training to assist employers in developing policies and programs to help prevent workplace violence and harassment.

Infrastructure Health and Safety Association

Serves construction, electrical, utilities, aggregates, natural gas, ready-mix concrete and transportation sectors.

  • The Workplace Violence and Harassment web page provides information, resources and a toolkit to assist employers in the transportation, utility and construction sectors with the development of workplace violence and harassment prevention policies and programs.

Workplace Safety North

Serves the mining and forest products industries, as well as businesses across northern Ontario.

Occupational Health Clinics for Ontario Workers

Provides occupational disease information and clinical services, including medical diagnostic services.

Workers Health and Safety Centre

Ontario’s designated health and safety training centre, provides training for workers, supervisors, health and safety representatives, joint health and safety committees, and employers.

  • The Workplace Violence Resources web page provides links to resources and training to help workplaces comply with the legislation, create a new program or evaluate an existing program to help prevent workplace violence and harassment.