Health & Safety

Table of Contents

Workplace Violence in School Boards

The full text is available on the Ministry of Education’s website: Workplace Violence in School Boards: A Guide to the Law .

The OHSA requires all school boards to assess the risks of workplace violence and to conduct a reassessment of the risks of workplace violence as often as necessary to ensure the workplace violence policy and the measures and procedures in the workplace violence program continue to protect workers from workplace violence. School boards must ensure that an assessment/reassessment of the risks of workplace violence is conducted for each of their workplaces (e.g., school, classroom, other work location).

Note: A risk assessment under the OHSA is not an assessment of an individual or student.

Risk Assessment Requirements

Under the OHSA, school boards are required to assess the risks of workplace violence that may arise from:

  1. The nature of the workplace
  2. The type of work
  3. The conditions of work

The nature of the workplace refers to the physical aspects of the workplace and may include but is not limited to schools, school yards, school board offices, field trip locations, non-traditional classrooms, third-party spaces, hospitals and custody and correctional facilities and any other place that a worker performs work for the school board.

School boards must establish measures and procedures in the violence program to control the risks identified in the assessment and reassessment. If the risk of workplace violence cannot be eliminated, a combination of intervention/control methods should be considered to reduce the risk of workplace violence. It is also important to ensure that a new risk is not created when a control is introduced.

Resources

See OSSTF’s list of Combat Violence in the Workplace resources .

What to do when assaulted?

Assault is an act of verbal aggression, or an act or threat of physical aggression, which produces damaging or hurtful results. It is the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; a statement or behaviour that 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.

  1. Immediately report the incident to the school administration and the police.
  2. Immediately seek medical attention, if necessary. Only medical attention from a doctor who fills out a “Form 8” is recognized for WSIB purposes.
  3. Notify the OTBU office via telephone (416-423-3600) or e-mail otbu.office@d12.osstf.ca
  4. Document what took place before, during, and after the assault and include names of witnesses.
  5. Fill out the following forms:

The OT Handbook 📄, found on the homepage in the Documents & Forms section, has information on what to do if you are assaulted.

This Health & Safety Reporting Guide 📄 will help you determine what forms need to be filled out in any given situation.

A list of the most common forms used by OTs is found below. To see a list of forms online, you must log in to the TDSB website . Select Staff > Log In > TDSB Web > Log In > Employee Services > Health & Safety > Occupational Health and Safety Reporting forms.

Employee Accident Injury Report
This form is completed by a worker who has suffered an injury. If the worker is unable to complete the form, the Supervisor may do so on their behalf. Any questions regarding this form should be directed to the Disability Claims Administration at 416-397-3325.

Employee Report of Workplace Violent Incident
This document is completed by a worker if an act of violence has occurred. An Act of Violence is defined as “threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury.” Any questions regarding this form should be directed to Occupational Health & Safety at 416-397-3213.

Health & Safety Near Miss and Concern Form
This document is completed by a worker if they have a concern. A concern is defined as “a potential or existing hazard which presents risk to the health or safety of individuals in the workplace.” Any questions regarding this form should be directed to Occupational Health & Safety at 416-397-3213.

Occupational Illness Reporting
This document is completed by a worker to report an illness or disease that was contracted in the workplace (i.e., Norwalk virus). Any questions regarding this form should be directed to the Accident Investigation Officer, Debby Morgado, at 416-397-3465.

If you are injured, you will also need to fill out WSIB forms . Please note that WSIB is a third-party Government of Ontario insurance provider, and as such, we are unable to represent you in terms of any claim or appeal you may make.

Who investigates?

  • Your OSSTF OTBU Health & Safety Representatives.
  • Joint Health & Safety Committee, if required.
  • Employer.
  • Police and the Ministry of Labour, if required.
  • If the police have not been notified, the assaulted Member should do so in a timely fashion.
  • The Workplace Safety & Insurance Board (WSIB) will take action against assailants. The injured worker must sign a document giving the WSIB the right to seek restitution for payments made to victims of workplace violence.

When can you refuse unsafe work?

The Occupational Health and Safety Act allows workers to legally refuse unsafe work. For Teachers, the process for the exercise of that right is unique, as described below, and is available for printing in its original form on the Provincial OSSTF website at Right to Refuse Work – For Teacher Members Only. For OTBU members, the Right to Refuse Unsafe Work would involve the OTBU Health and Safety Officer, or a designated Executive member who is a certified representative(s). The Ministry of Labour will investigate refusals concerning individual worksites or work stations.

  • The right to refuse work due to violence (Bill 168) and if the physical condition of the workplace is likely to endanger them. [Section 43(3)(b)]
  • This Act also requires all workers to work in a safe manner that will not create a condition endangering themselves or other workers. [Section 28(2)(b)]
  • Refer to Provincial OSSTF’s Health and Safety Information Bulletin at www.osstf.on.ca “Right to Refuse Work” for correct procedure and programme exceptions.

What prevention measures can be taken?

  • All workers have a right to a safe and healthy workplace. The responsibility for providing and maintaining a safe workplace belongs to the employer.
  • All workers have the right to know about hazards in their workplace and safe procedures. The employer must provide training programs to all workers to enable them to identify any hazards in their workplace and to perform their work safely. This should include potentially violent situations and the necessary prevention techniques. Training programs must be developed and implemented in consultation with the Joint Health & Safety Committee.
  • Where a potentially violent situation has been identified and cannot be eliminated, specific protective measures should be developed. This usually involves modifying existing practices or written procedures to conform with the board’s Violence-Free Policy (required by the Ministry of Education) in consultation with the Joint Health and Safety Committee.