Workplace Violence Policy Template Ontario

WORKPLACE VIOLENCE POLICY TEMPLATE (ONTARIO)

1. DOCUMENT PREAMBLE & RECITALS

This Workplace Violence Policy (the "Policy") is effective as of [Effective Date] (the "Effective Date") by and between [Company Name], a corporation incorporated under the laws of [Jurisdiction], with its principal place of business at [Full Address] (the "Employer"), and all employees, contractors, and agents of the Employer (the "Personnel").

RECITALS: WHEREAS, the Employer is committed to providing a safe, healthy, and supportive work environment in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended (the "OHSA"); WHEREAS, the Employer recognizes that workplace violence is a significant hazard that negatively impacts the well-being of Personnel and the operational integrity of the organization; WHEREAS, the Parties desire to establish a formal framework for the prevention, reporting, investigation, and remediation of workplace violence incidents.

NOW, THEREFORE, the Employer mandates compliance with the following provisions.

2. OPERATIONAL DEFINITIONS

1. "Workplace Violence" means: (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or (c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
2. "Workplace" means any land, premises, location, or thing at, upon, in, or near which a worker works, including remote work environments, business-related travel, and employer-sponsored events.
3. "Domestic Violence" means a person who has a personal relationship with a worker—such as a spouse or former spouse, current or former intimate partner or a family member—exercises physical force against the worker, or threatens to exercise physical force against the worker, that may result in physical injury to the worker in the workplace.
4. "Incident" means any occurrence, event, or reportable situation involving potential or actual Workplace Violence or Domestic Violence as defined herein.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Zero Tolerance Mandate: The Employer maintains a zero-tolerance policy regarding Workplace Violence. Any Personnel found to have committed acts of violence, threats, or intimidation will be subject to disciplinary action, up to and including immediate termination for cause.
2. Employer Obligations: The Employer shall (a) conduct a comprehensive risk assessment of the workplace; (b) implement administrative and engineering controls to mitigate identified risks; and (c) provide adequate training and instruction to all Personnel regarding the identification and reporting of risks.
3. Personnel Obligations: All Personnel are mandated to (a) report any Incident or reasonable belief of a potential Incident to their direct supervisor or the Human Resources Department immediately; (b) comply with all safety protocols; and (c) cooperate fully and truthfully in all internal investigations.
4. Domestic Violence Notification: If the Employer becomes aware, or ought reasonably to be aware, that Domestic Violence would likely expose a worker to physical injury in the workplace, the Employer shall take every precaution reasonable in the circumstances for the protection of the worker.
5. Confidentiality: The Employer will maintain the confidentiality of information related to an Incident to the extent possible, except where disclosure is required by law or necessary for the purposes of investigation or taking corrective action.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach: Any act or threat of violence constitutes a Material Breach of the employment or service relationship.
2. Immediate Remedial Action: Upon receipt of a report, the Employer shall commence an investigation within [5] business days. The Employer reserves the right to place any accused party on administrative leave, with or without pay, pending the outcome of the investigation.
3. Notice and Cure: Notwithstanding the zero-tolerance clause, where an incident pertains to a procedural breach (e.g., failure to attend mandatory safety training), the Employer shall provide written notice of the deficiency. The Personnel shall have [30] business days to remedy said deficiency, failing which, the Employer may terminate the relationship for cause.
4. Legal Recourse: The Employer reserves all rights to initiate civil litigation for damages caused by violent acts and to report criminal conduct to the relevant law enforcement authorities.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Policy is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2. Entire Agreement: This Policy constitutes the entire understanding between the Parties regarding workplace violence and supersedes all prior agreements, oral or written.
3. Force Majeure: No party shall be liable for failure to perform its obligations if such failure results from acts of God, war, civil unrest, or other causes beyond reasonable control.
4. Governing Law: This Policy shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
5. Dispute Resolution: Any dispute arising out of this Policy shall be settled through binding arbitration in [City, Ontario] under the Arbitration Act, 1991, S.O. 1991, c. 17.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

FOR THE EMPLOYER: Entity Name: [Company Name] Signatory Name: __________________________ Title: __________________________ Date: __________________________

FOR THE PERSONNEL: Print Name: __________________________ Signature: __________________________ Date: __________________________