Workplace Violence Legislation
In British Columbia, traditionally workplace safety issues have been regulated by WorkSafeBC (formerly the Workers' Compensation Board) Part IV Regulations. This is especially true in regards to workplace violence.
However, under recent changes to the Criminal Code of Canada, employers now not only have a civil duty to protect workers and the public from harm, they can be held criminally responsible for failing to do so. In such cases, the employer is criminally liable for acts and omissions of staff, agents and contractors, and has a legal duty to provide a safe workplace.
The new (2004) legislation requires employers to take reasonable steps to prevent bodily harm to staff and visitors, arising from actions/activities in the workplace. Failure to do so can result in a charge of criminal negligence.
According to section 217.1 of the Criminal Code,
Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.
If an employer can demonstrate due diligence, then criminal charges are unlikely. Generally, due diligence can be demonstrated by the employer having developed a proper system, or systems, to prevent or mitigate risk. Of course, to do so requires the identification of risk. Canpro Training Resources Inc. can help identify and mitigate risks you, your organization and your staff may be exposed to.
While changes in criminal law apply to exceptional cases, employers and employees in British Columbia are typically more concerned with WorkSafeBC regulations regarding violence in the workplace, and how best to identify and mitigate related risks to workers.
Persons with specific questions about this and other related legislation are of advised to contact legal counsel for appropriate and well informed guidance.
