A workplace safety plan in Ontario should include practical measures like changing the employee’s phone extension, providing a security escort, and sharing the abuser’s photo with reception. By law, employers must collaborate with the fleeing employee to mitigate the risk of physical injury at work.
When an individual decides to leave an abusive relationship, it is statistically the most dangerous time for them. 📝 Because the abuser often knows exactly where the victim works in cities like Toronto, Brampton, or Kitchener, the workplace quickly becomes a target. Ontario employers bear a significant legal responsibility under the Occupational Health and Safety Act (OHSA) to ensure their premises remain safe for the fleeing employee and the rest of the staff.
A generic safety policy in an employee handbook is not enough to stop a determined abuser. HR departments and managers must develop a specific, actionable safety plan tailored to the unique circumstances of the threat. Retaining a local employment lawyer from our directory can help you draft a robust plan that protects the victim while keeping your business fully compliant with provincial safety mandates.
Step-by-Step Process for Drafting a Safety Plan in Ontario
Creating a workplace safety plan is a collaborative effort between management, security, and the affected employee. 💼 Implementing these steps swiftly can prevent a volatile situation from turning tragic.
Step 1: Establishing a Confidential Dialogue
The first step is to have a private, compassionate conversation with the employee. Ensure they know their job is safe. Gather essential details: Does the abuser know the employee’s work schedule? What kind of vehicle do they drive? Do they have a history of violence? Document this information carefully, keeping it highly confidential within the HR department.
Step 2: Securing the Physical Environment
Evaluate the employee’s physical workspace. If their desk is visible from the street or located near the main entrance, move them to a secure, interior location. 🔒 Ensure that receptionists and security guards are provided with a clear photograph of the abuser and are given strict instructions to deny entry and immediately call 911 if the individual appears on the property.
Step 3: Adjusting Communications and Duties
An abusive ex will often use workplace phone lines and corporate emails to harass the victim. Have IT change the employee’s phone extension and email address. You can set up a system where their old extension is routed directly to a manager or security personnel, allowing you to monitor incoming threats without the victim having to experience the harassment directly.
Step 4: Providing Safe Commute Options
The parking lot is one of the most vulnerable areas for an employee fleeing abuse. 🚗 Arrange for a security guard or a trusted manager to escort the employee to and from their vehicle every day. If they take public transit, consider allowing them to adjust their shift times to avoid travelling during dark, isolated hours, or provide a temporary parking space closer to the building.
Step 5: Facilitating Domestic Violence Leave
Under the Ontario Employment Standards Act, employees who have been employed for at least 13 consecutive weeks are entitled to up to 10 individual days and up to 15 weeks of Domestic or Sexual Violence Leave. Crucially, the first 5 days of this leave must be paid. Ensure your HR department proactively offers this leave so the employee has time to move into a shelter, attend court, or consult a family lawyer.
How Much Does Implementing a Safety Plan Cost?
Protecting an employee requires a diversion of resources, but it is both a moral imperative and a legal requirement. 💰 Budgeting for safety measures is standard for modern businesses in Ontario.
| Safety Measure | Estimated Cost (CAD) |
|---|---|
| Paid Domestic Violence Leave (5 Days) | Varies by Employee Salary |
| Temporary Security Guard / Escort | $25 – $50 / hour |
| Legal Consultation for HR Policies | $350 – $650 / hour |
Most applicants in this province choose to cover the costs of minor physical security changes out of their general operations budget to avoid OHSA penalties.
How Long Does the Process Take?
A functional workplace safety plan must be implemented within hours of the disclosure. 🕎 Changing a phone extension or moving a desk can be done on the same day, while ongoing monitoring should remain active for several months, or until the employee confirms the immediate threat has passed.
Frequently Asked Questions (FAQ)
Can we ban the abusive ex from the property?
Yes. Under the Ontario Trespass to Property Act, property owners or their authorised agents (like HR) can issue a formal Notice of Trespass, making it illegal for the individual to step foot on the premises.
What if our company is fully remote?
Even if an employee works from home, OHSA still applies. Your safety plan might include helping them secure their home network, checking in daily, and ensuring they have access to their paid domestic violence leave to relocate.
Does the employee have to show a police report?
Under the Employment Standards Act, employers can ask for evidence “reasonable in the circumstances” to grant domestic violence leave. However, demanding a police report can be dangerous or impossible for the victim; a note from a social worker or simply taking them at their word is usually the best practice.
What if the employee doesn’t want a safety plan?
While you should always try to collaborate, the employer’s legal duty to protect the entire workplace overrides an individual’s desire for privacy. If there is a credible threat of violence, you must enact basic security measures regardless of their preference.
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