Workplace Violence: How to Keep Your Employees Safe
Workplace violence costs employers sizable amount of dollars from productivity loss, legal fees, jury verdicts, and settlement costs. It is estimated that businesses in the U.S. lose about 36 billion dollars annually due to workplace violence while Canadian employers are losing $16 million in wages annually due to non-fatal workplace assaults. Furthermore, under some legal theories, employees are acting on their employer's behalf. Therefore, an employer may also be held liable if its employee injures someone.
Authorities of both countries seek to address workplace violence across industries through regulatory and legislative efforts focused on requiring employers to establish policies aimed at protecting employees from workplace violence.
Recently, the U.S. Occupational Safety and Health Administration (OSHA) has taken the position that workplace violence can be an employer violation of the Occupational Safety and Health Act’s “General Duty” Clause, and the agency has issued guidelines for the protection of employees in workplaces particularly susceptible to workplace violence, such as the healthcare industry. Employers in all industries can expect that they will be scrutinized for such potential violations. Moreover, an employer that experiences a workplace violence episode – whether caused by an employee or an outsider – faces potential multi-million-dollar liability in negligent hiring and supervision claims filed by victims. In Ontario, 2016 marks the 5th year of implementation of Bill 168, also known as Occupational Health and Safety Act's (OHSA's) Part III.0.1., which mandates employers to develop programs on workplace violence and provide program information to employees.
It is imperative that both American and Canadian employers critically update their policies, procedures, and training systems to minimize the financial and legal risks of workplace violence and, more importantly, to be inspection ready.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help employers understand the important aspects of Workplace Violence. Speakers will provide an in-depth legal and regulatory discussion of this noteworthy topic. Speakers will also offer best practices in developing and implementing an effective workplace violence prevention policy compliant with the health and safety laws.
Key topics include:
- Workplace Violence: Growing Trends
- Employers’ Responsibilities
- The OSHA Guidance
- The OHSA Bill 168
- Significant Cases
- Effective Workplace Violence Prevention Policy Implementation
- Legal Ramifications Employers Should Consider
- Regulatory and Legislative Forecast
Warren S. Rapoport, Partner
Black Sutherland LLP
Lorenzo Lisi, Partner
Aird & Berlis LLP
- The Canadian Perspective: Keeping Your Employees Safe from Workplace Violence, Harassment and Bullying
- The Legislative Regime: Using Ontario as an example, how legislation imposes obligations and responsibilities on employers;
- Case Law Update: Interpretation of the laws and the liability of the employer
- Policies and Procedures and Practical Tips to maintain a safe workplace
Theodore Olsen, Attorney
Sherman & Howard L.L.C.
- Executive Orders, administrative announcements, and state laws: One result of Congressional gridlock
- Case Law Update: The ongoing extinction of employers’ “unforseeability” defense in workplace violence cases
- When workers’ compensation remedies bar negligence and wrongful death claims
- No-guns in the workplace policies: Are they wise? Are they legal?
- Recommendations for mitigating employers’ workplace violence liabilities
Who Should Attend:
- Employment and Labor Lawyers
- HR Executives
- Labor Counsel
- In-house Counsel
- Corporate Executives
- Legal Consultants
- Legal Executives
- Other interested professionals
Warren S. Rapoport received his Bachelor of Arts degree from the University of Western Ontario, where he majored in Economics. He subsequently obtained his Juris Doctorate from the University of Toronto. Warren was called to the Ontario Bar in 1985.
Warren began his career as a clerk to the justices of the Superior Court of Justice. During his time with the Superior Court of Justice, he assisted Justice R. E. Holland in the multi-billion dollar mining case, Corona vs. Lac. The judgment was upheld in the Supreme Court of Canada.
Warren has extensive experience in Commercial, Employment, Pension and Estate disputes, negotiation and litigation. He has extensive trial and appeal experience at all levels of the Ontario courts, as well as several tribunals, including the Canada Labour Board, the Financial Services Commission of Ontario and the Canadian and Ontario Human Rights Tribunals. Warren specializes in all matters pertaining to Commercial Litigation, including partnerships, shareholder disputes, commercial real estate, leasing and mortgage issues, and he acts as Insurance Defense counsel regarding commercial, property and employment claims.
Warren S. Rapoport received his Bachelor of Arts degree from the University of Western Ontario, where he majored in Economics. …
Lorenzo has practised exclusively in the area of Labour and Employment Law for over 25 years and has regularly appeared before the courts and administrative tribunals on behalf of employer clients, both provincially and federally. His areas of expertise include all areas of Canadian labour and employment law on behalf of management, including employment defence litigation (including wrongful and constructive dismissal), human rights, applications for injunctive relief, grievance and labour board litigation and responding to union organizing and applications for certification.
Lorenzo also advises employers on acquisitions, divestitures and restructurings, enforceability of restrictive covenants and the application of labour and employment statutes.
Lorenzo has served as a member of the Government Affairs Committee of the Human Resources Professionals Association of Ontario and is regularly asked to speak and write on a variety of employment and labour law topics. He currently sits as a Director on the Board of the Canadian Association of Counsel to Employers (CACE) and is recognized in The Best Lawyers in Canada in the field of Labour and Employment Law. He presents management training on a wide variety of topics, including human rights, union organizing defence strategies, strikes and lock outs, employment policies and procedures and risk management.
Lorenzo has practised exclusively in the area of Labour and Employment Law for over 25 years and has regularly appeared …
- Graduated first in his law school class at the University of Colorado
- Has exclusively represented employers for 38 years
- Was inducted into The College of Labor & Employment Lawyers in 2006
- Has defended employers in workplace violence cases involving some notorious criminals
- Has guided employers in their efforts to prevent violence and reacting when violence has unexpectedly occurred
Graduated first in his law school class at the University of Colorado Has exclusively represented employers for 38 years Was …
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About Black Sutherland LLP
Black Sutherland LLP is a downtown Toronto law firm that specializes in insurance defence, employment, commercial and estates dispute resolution litigation. It also has specialists in estate planning, corporate commercial and real estate transactions, as well as municipal law and development. The firm was founded in the 1920s, and has maintained a tradition of excellence since its inception. The firm’s lawyers and staff are dedicated to a philosophy of “going the extra mile,” both in terms of the quality of legal services and positive client communications.
Black Sutherland LLP comprises more than 40 individuals, including 17 lawyers and a significant complement of articling students and legal staff. Collectively, firm personnel serve as an enviable team of professionals committed to the provision of innovative, client-focused and collaborative legal services.
About Aird & Berlis LLP
Aird & Berlis LLP is a leading Canadian law firm based in Toronto, serving clients across Canada and globally. The firm’s practice encompasses all principal areas of business law, including corporate/commercial, corporate finance, banking, insolvency and restructuring, energy, environmental, infrastructure/P3, technology and intellectual property, litigation, labour and employment, municipal and land use planning, real estate and tax. The firm’s diverse client base ranges from entrepreneurs to multinational corporations, with a strong Labour & Employment Group which provides advice and representation to employers on a broad spectrum of labour and employment law matters such as wrongful and constructive dismissal, human rights, health and safety, union grievance arbitrations and collective agreement negotiations, workplace violence and harassment claims and training, employment contracts drafting and advice, and the obligations of employees (including departing employees).
About Sherman & Howard L.L.C.
Sherman & Howard L.L.C. is a regional firm with a national practice, with multiple offices in Colorado, Arizona, New Mexico, Nevada, Georgia, and Missouri. Over 170 lawyers serve a broad range of clients, including individuals, privately held businesses, multi-national corporations and government entities. The Firm also provides counsel to in-house legal departments and to other law firms that require distinctive experience. Sherman & Howard L.L.C.’s multidisciplinary attorney teams coordinate between practice groups and offices to provide the scope and depth of legal skill necessary to serve clients most successfully.
The Firm’s client relationships are built on a shared vision that creates and sustains not only individuals, but also organizations with long-term commitments to their communities, their shareholders and their employees. The attorneys and staff at Sherman & Howard are proud to continue the Firm’s long tradition of providing high-quality legal and business solutions.