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Congratulations!

On completing violence and harassment in the workplace training part 2: employee rights and responsibilities

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The OHSA holds a worker personally liable who “contravenes or fails to comply with provisions of the Act.”

The ramifications can be significant. They include: Personal fines: up to $25,000, corporate fines: up to $500,000, or imprisonment in serious/fatal cases.

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Remember the legislation states that:

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  Definitions (OHSA)

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📚 Definition (OHSA)
 

The Occupational Health and Safety Act (OHSA) defines harassment as:

Vexatious conduct or comments that are known or ought reasonably to be known as unwelcome.

Harassment based on sex, sexual orientation, gender identity or expression.

Sexual advances or solicitations from someone in a position of power, where it is—or should be—known to be unwelcome.

Note: A single comment may be inappropriate, but harassment typically involves a pattern of unwelcome behaviour.

 
🔑 Key Concepts
 

Vexatious = Mean, irritating, or distressing behaviour.

Reasonable = Consider others' experiences—if unsure, err on the side of caution.

Unwelcome = It’s not about intent—it’s about how your behaviour is received.

 
⚠️ Examples of Harassment
 

Invading personal space

Inappropriate jokes or comments

Lewd remarks, pranks, yelling

Cyberbullying

Setting someone up to fail

 
🚫 Sexual Harassment Includes:
 

Unwanted touching or comments

Displaying sexual images

Stalking

Sexual innuendos or gestures

Using authority to pressure someone into flirtation or sexual activity

- e.g., “Let’s discuss your promotion at my place.”

 
⚖️ Power & Consent Matter
 

Even well-meaning gestures (like hugs from a manager) may be unwelcome due to power dynamics. Always:

Respect personal space

Avoid physical contact unless clearly appropriate

Ask for consent if unsure

 
🌐 Where It Happens & Who's at Risk
 

Harassment can occur on or off company premises, including:

Work trips

Client sites

Online

Those more at risk include:

Racialized, LGBTQ, or disabled workers

Lower-level employees

People working alone, late, or in high-risk roles

 
🔍 What’s Not Harassment
 

Not all “unwelcome” feelings mean harassment. Reasonable actions by supervisors (e.g., performance reviews) do not qualify as harassment under Bill 132.

 
💭 Final Thought
 

Just because you haven’t seen harassment doesn’t mean it didn’t happen. Some people behave differently depending on who’s watching.

Treat every concern seriously—intent doesn’t excuse impact.

 

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Let’s begin with Part 1 to build a strong understanding of harassment and violence in the workplace.

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Research Suggests

That 70% of domestic victims are also abused at work at some point

The legislation states:

“If domestic violence is likely to expose a worker or workers to physical injury in the workplace, the employer must take every precaution reasonable under the circumstances to protect the worker(s)…”

Domestic Violence Means

That violence in a domestic relationship external to the organization (spouse, ex-partner, children, relatives) has the potential to place employees at risk should the dangerous person come to the workplace looking for the employee, or should the family members be working together and the relationship is violent.

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💭 Final Thought

Just because you haven’t seen harassment doesn’t mean it didn’t happen. Some people behave differently depending on who’s watching.

Treat every concern seriously — intent doesn’t excuse impact.

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At Inkeros
 

We are committed to ensuring that harassment, sexual harassment, bullying, and violence are never tolerated in our workplaces.

 
Purpose of this course
 

Is it equip you with the knowledge, information, and resources to build a culture of respect by helping you understand the Occupational Health and Safety Act (OHSA), as well as Inkeros' policies, procedures, and expectations regarding workplace behaviour.

 
Work environment
 

You deserve to work in an environment free from both physical and psychological harm—a place where everyone feels safe, supported, and respected. Inkeros upholds a Zero Tolerance policy for all forms of workplace violence and harassment. Your safety is essential not only to your wellbeing but also to the collective success of our team.

 

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When making a report, there are 7 key questions you need to address. They are:

An incident of harassment, sexual harassment, violence or domestic violence that violates Inkeros’ or OHSA definitions or policies. Remember, you do not have to be a victim to make a complaint.

Inkeros has safe Reporting Measures and Procedures. Legislation states that a workplace must include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor if the employer or supervisor is the alleged harasser. This is to create a safe place to bring forward harassment claims.

Inkeros has a formal report template that will need to be completed, ideally with the person you are reporting to. Be careful how to write your report, as this will be the foundation of the investigation. Some tips we have are: be specific and factual, include everything you can (date, times, witnesses present), include evidence (emails, pictures, texts), avoid hostile comments, and describe the impact of the action to your physical and emotional wellbeing.

Inkeros has a written program that sets out how incidents or complaints of workplace harassment will be investigated and dealt with. You will have Inkeros protocols for reporting explained to you and any questions you have will be answered.

Inkeros' written program has protective measures for ensuring we are taking every reasonable effort to protect your confidentiality. The person who was accused will most likely be notified of the complaint, although again, Inkeros will make every reasonable measure to ensure confidentiality.

You have the right to be protected from backlash when you report an incident of harassment or sexual harassment. Here are the steps you should take; inform HR that you are afraid of this person, create a plan with HR on how safety will be protected, and if the person retaliates another report with procedures and protective measures will be made.

Remember your psychological safety is the most important concern. Inkeros is required although happy to protect you through the process.


Inkeros will notify you in writing regarding the outcome of the investigation. The results of an investigation related to harassment do not constitute a “report” under the OHSA and will not be disclosed to Inkeros’ health and safety team. If you do not agree with the outcome and feel that proper protocols and procedures were not followed you may want to check with an employment lawyer or contact the Ministry of Labour for further information.

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Lets quickly review Part 2

In this course, you learned about:

You now have an appreciation for the rights and responsibilities of all employees when it comes to dealing properly and effectively with harassment, sexual harassment and violence in the workplace.

 

The barriers to reporting

 

Common errors when reporting

 

The 7-step process for reporting

 

False claims of harassment

 

5 other provisions under the OHSA

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It is important to have protocols in place for what happens when an individual makes a false accusation of harassment. If an individual makes a complaint but there is not enough evidence to support that complaint, this does not translate into a false accusation.

False accusations of harassment are very serious. A false accusation of harassment occurs when a person falsely accuses someone with intention to cause harm or trouble, when the person has not committed any wrongdoings. False accusations are not uncommon, an example is; a worker doesn’t like their boss and is attempting to get them fired. 

A legitimate complaint of harassment occurs when someone has engaged in behaviour that meets the criteria for harassment under OHSA. Again, if someone makes a legitimate complaint but there is not enough evidence to support it, this does not mean it was a false accusation.

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  • Know the policy — Understand the definitions, expectations, and procedures.
  • Recognize the signs — Be alert to physical, verbal, or psychological forms of harm.
  • Take action — If you experience, witness, or hear about violence or harassment, report it immediately through the appropriate channels.

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Domestic Violence in the Workplace and the Duty to Report

History of Violent Behaviour: Requirement to Advise Workers

Refusal to work

Duty to Report: Notice of Violence Causing Injury

Personal and Corporate Liability

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“Employers and Supervisors must take every precaution reasonable in the circumstances for the protection of a worker…”

OHSA

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The OHSA states that:

“All incidents of workplace violence where a person has been disabled from performing his or her job and/or requires medical attention must be reported to the Ministry of Labour as soon as possible.”

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