Workplace violence and harassment policies for Ontario restaurants: what the law requires

A restaurant is a workplace with late nights, alcohol, cash, hot kitchens and customers who are sometimes in a bad mood. It is also a workplace where staff are often young and new. The Occupational Health and Safety Act (OHSA) gives Ontario employers specific duties on violence and harassment. They apply to a six-seat café as much as to a hotel dining room.

What policies do you need?

Two: a workplace violence policy and a workplace harassment policy. Every employer must prepare and review them at least annually, whatever the size of the workplace. If six or more workers are regularly employed, both must be in writing and posted in a conspicuous place or in a readily accessible electronic format. If fewer than six are regularly employed, they need not be written, but an inspector can order that they be. The Ministry's guide says they should be dated and signed by the highest level of management.

What is the violence risk assessment?

You assess the risk of workplace violence arising from the nature of the workplace, the type of work and its conditions, and share the results with the joint health and safety committee or representative, or with workers if you have neither. Reassess as often as needed; the Ministry recommends at least once a year. A restaurant that closes late with cash on site, or serves alcohol, has risks a daytime bakery does not. The law does not require a harassment risk assessment.

What must the violence program include?

• measures to control the risks you identified that are likely to cause physical injury
• ways for staff to summon immediate assistance
• a way for workers to report incidents
• how you will investigate and deal with incidents or complaints

For a restaurant that might mean a panic button at the till, a two-person close and a rule for ejecting a guest.

What must the harassment program include?

It must be in writing and developed with the health and safety committee or representative. It covers how to report, including a route if the employer or supervisor is the alleged harasser, how complaints are investigated, confidentiality, how the parties are told the result and an annual review.

What training do staff need?

Appropriate information and instruction on the policies and programs, matched to the risks of each job. Supervisors need more: how to handle complaints, investigate, document and keep records. Train at hire, when someone changes jobs, when risks or programs change and when procedures are not being followed.

What about domestic violence?

If you know, or ought reasonably to know, that domestic violence may occur at work and is likely to cause physical injury to a worker, take every reasonable precaution. That can include a safety plan for the worker, even if they do not want steps taken.

How do you investigate?

Investigate harassment incidents and complaints in a way that suits the circumstances, whether or not someone formally complained. The investigator should not be involved in the incident or under the alleged harasser's direct control. Keep people informed and document it. The law sets no fixed deadline; the Ministry's example for complex cases is up to 90 days. Give written results to the worker who alleged harassment, and to the alleged harasser if an employee. Never penalize someone for reporting.

When must you report?

Violence causing death or critical injury: immediately notify an inspector, the committee or representative and any union, then give written notice to a ministry director within 48 hours. Violence that disables a worker or needs medical attention: written notice to the committee or representative and union within four days. Harassment incidents do not trigger these notices.

What about customers and the public?

Violence from a customer is workplace violence, and the duties above apply even though the person is not an employee. Decide in advance who may ask a guest to leave, when a manager calls the police and how staff are supported afterwards, then train to it. The Ministry's guide also says not to penalize a worker for reporting or for exercising their rights, which includes a server who refuses to keep serving a hostile table. Write that into your policy so a busy shift manager does not undo it in the moment.

A starter list

1. Write both policies, sign them and post them.
2. Walk your site and write down what could go wrong.
3. Train every new hire on day one.
4. Keep an incident log.
5. Diary the annual review in January.

Pair this with WSIB registration and your food handler requirements.

More in the Canadian guides for food businesses.