Yes. Under Ontario's Occupational Health and Safety Act, every employer must prepare a workplace harassment policy and a workplace violence policy, review them at least once a year, and keep a written program that explains how to report and how complaints are investigated (OHSA ss. 32.0.1 and 32.0.6). If six or more workers are regularly employed at the workplace, the policies themselves must also be in writing and posted in a conspicuous place or in a readily accessible electronic format; where five or fewer workers are regularly employed at the workplace, the written-and-posted rule does not apply unless an inspector orders it (OHSA ss. 32.0.1(2) and (3), 55.1). Size does not remove the duty to have the policies and the written program; it only changes whether the policies themselves must be written and posted.
The question we hear most from new employers
"We only have four people. Do we really need a harassment policy?" The honest answer is that the duty applies the day you have one worker. The requirement to put the policies themselves in writing and post them starts at six workers regularly employed at the workplace. Most employers who skip it do so because they assume the law is for large companies, and they learn otherwise when a complaint arrives and there is no procedure to follow.
What the policy must contain
The policy itself can be short. The program behind it is what inspectors and employees look for, and the program must be in writing whatever your size, developed in consultation with your health and safety representative or committee if you have one. The program must set out (OHSA s. 32.0.6(2)):
- How a worker reports workplace harassment, including to someone other than the employer or supervisor when that person is the alleged harasser.
- How incidents and complaints will be investigated and dealt with.
- How information about a complaint, including identifying information, will not be disclosed unless disclosure is necessary to investigate or take corrective action, or is required by law.
- How the worker who allegedly experienced the harassment and the alleged harasser, if a worker of the employer, will be informed of the results and of any corrective action.
The employer must also provide workers with information and instruction on the policy and program (OHSA s. 32.0.8), must ensure an investigation appropriate in the circumstances is conducted for every incident or complaint, must inform the worker who allegedly experienced the harassment and the alleged harasser, if a worker of the employer, of the results and of any corrective action in writing, and must review the program at least annually (OHSA s. 32.0.7).
What counts as workplace harassment in Ontario?
The Act defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through information and communications technology, that is known or ought reasonably to be known to be unwelcome, and includes workplace sexual harassment (OHSA s. 1(1)). A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment (OHSA s. 1(4)). Policies should say both things plainly so managers are not afraid to manage.
Workplace violence is a separate policy
The same part of the Act requires a workplace violence policy, a program to implement it, an assessment of the risks of workplace violence, and measures and procedures to control the risks identified (OHSA ss. 32.0.1 to 32.0.3). In our practice, small offices often keep the two policies in one document with two clearly labelled sections; what matters is that each statutory requirement is met.
Who can draft the policy?
An HR consultant, an employment lawyer, or the employer. The Ministry of Labour publishes guidance and sample language on preventing workplace violence and harassment. The risk in copying a template is that the reporting route does not match your real organization: the Act requires a way to report to someone other than the employer or supervisor when that person is the alleged harasser, and a four-person company whose only manager is the founder has to name that someone. OptiMax Partners drafts and implements these policies as part of the HR Foundation Package and Policy Packs, in English and Korean.
Before you post it: a checklist
- Both policies exist, dated and signed by the employer.
- A written harassment program explains reporting, investigation, confidentiality and results, and a violence program covers the assessed risks.
- An alternative reporting route exists when the supervisor is the subject.
- Workers have been given information and instruction, and attendance is recorded.
- The policies and the program are reviewed at least annually, and the review date is written on them.
- If six or more workers are regularly employed at the workplace: policies in writing and posted in a conspicuous place or an accessible electronic format, and staff whose first language is not English can read them.
FAQ
We have fewer than six employees. Is a verbal policy enough?
The duty to have a policy applies regardless of size (OHSA s. 32.0.1), and the harassment program must always be in writing (OHSA s. 32.0.6). Where five or fewer workers are regularly employed at the workplace, the policy itself need not be written and posted unless an inspector orders it (OHSA s. 55.1), but a written policy is the only practical way to show you complied.
How often must the policy be reviewed?
At least once a year for the policies (OHSA s. 32.0.1(1)(c)) and for the harassment program (OHSA s. 32.0.7(1)(c)).
Do we need to train employees on it?
Yes. Employers must provide information and instruction on the policy and program (OHSA s. 32.0.8).
Can the founder investigate a complaint about the founder?
The Act requires a reporting route to someone other than the employer or supervisor when that person is the alleged harasser, and an investigation that is appropriate in the circumstances (OHSA ss. 32.0.6(2)(b) and 32.0.7(1)(a)). In our practice, a complaint about the founder is handled by an impartial person who is not involved, which in a very small company usually means someone from outside.
Does the policy need to be in a second language?
The law does not require a particular language, but workers must be able to understand it. For a workforce that speaks Korean or another language at home, a bilingual policy is the safe choice.
Not sure whether your current policy meets the Act? OptiMaxWork AI checks your Ontario question against official sources and shows them, in English or Korean. Ask your question.
For information only, not legal advice, and no lawyer-client relationship is created. Figures and rules were checked against the Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (ss. 1(1), 1(4), 32.0.1 to 32.0.8) as consolidated on e-Laws and ontario.ca Preventing workplace violence and workplace harassment, and against an OptiMaxWork AI verified report, then reviewed by an SHRM-SCP. Confirm current sources before acting.