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PEI Legislation

Workplace Violence & Harassment

This is not an official source of information. It has been assembled as a convenience to students for reference and further study. Some extracts from official sources such as Regulations are provided. These are not guaranteed to completely cover all the material available in the Regulations. URL’s of those official sources are provided to allow the full text to be consulted. PEI summary for “Violence in the Workplace”

Violence means the threatened, attempted or actual exercise by a person, other than a worker, of any physical force that causes or can cause injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he/she is at risk of injury. A risk assessment of the workplace must be conducted to determine whether a risk of injury to workers from violence may be present. The risk assessment must take into consideration the previous experience of violence in that workplace, occupational experience of violence in similar workplaces, and the location and circumstances in which the work will take place.

If a risk of injury to workers from violence is identified, the employer must establish procedures, policies and work environment arrangements to eliminate that risk or, if this is not possible, to minimize it, and to report, investigate and document incidents of violence in the workplace.

The employer must establish procedures, policies and work environment arrangements to eliminate the risk of violence to workers or, if this is not possible, to minimize that risk.

The employer is required to inform workers, who may be exposed to the risk of violence in the workplace, of the nature and extent of that risk. This includes warning workers about particular persons who have a history of violent behaviour whom they may encounter in the course of their work.

The employer must instruct these workers on how to recognize the potential for violence, in the procedures, policies, and work environment arrangements which have been developed with respect to violence in the workplace, and in the appropriate response to incidents of violence, including how to obtain assistance.

The employer must ensure that a worker reporting an injury or adverse symptom as a result of an incident of violence in the workplace is advised to consult a physician of his/her choice for treatment or referral.

For further information on this topic for PEI see:

Harassment and Bullying - What is Covered

http://www.gov.pe.ca/humanrights/index.php3?number=1013665&lang=E

The following material is © Government of Prince Edward Island

CHAPTER O-1.01

OCCUPATIONAL HEALTH AND SAFETY ACT

GENERAL REGULATIONS

VIOLENCE IN THE WORKPLACE

52.1 In this Part, “violence” means the threatened, attempted or actual exercise

of any physical force by a person other than a worker that can cause, or that

causes, injury to a worker, and includes any threatening statement or behaviour

that gives a worker reasonable cause to believe that he or she is at risk of injury.

(EC43/06)

52.2 (1) An employer shall conduct a risk assessment of the workplace to

determine whether or not a risk of injury to workers from violence arising out of

their employment may be present.

(2) A risk assessment under subsection (1) shall include a consideration of

(a) previous experience of violence in that workplace;

(b) occupational experience of violence in similar workplaces; and

52.3 If a risk of injury to a worker from violence in a workplace is identified by an

assessment under section 52.2, the employer shall establish procedures, policies

and work environment arrangements

(a) to either

(i) eliminate the risk of violence to workers in that workplace, or

(ii) if elimination of the risk is not possible, minimize the risk of violence to

workers in that workplace; and

(b) to provide for reporting, investigating and documenting incidents of violence in

that workplace.

52.4 (1) An employer shall inform workers who may be exposed to the risk of

violence in the workplace of the nature and extent of the risk.

(2) Unless otherwise prohibited by law, the duty to inform workers under

subsection (1) includes a duty to provide information related to the risk of

violence from persons who have a history of violent behaviour and who may be

encountered by a worker in the course of his or her work.

(3) An employer shall instruct workers who may be exposed to the risk of

violence in

(a) the means of recognition of the potential for violence; (b) the procedures,

policies and work environment arrangements developed under section 52.3; and

how to obtain assistance.

52.5 An employer shall ensure that a worker who reports an injury or adverse

symptom resulting from workplace violence is advised to consult a physician of

the worker’s choice for treatment or a referral.

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