Occupational Health and Safety Code

390(1)

An employer must develop and implement a violence and harassment prevention plan that includes the following:

(a) measures to eliminate or, if that is not reasonably practicable, control the hazards of violence and harassment to workers;

(b) any applicable requirements referred to in section 392.2;

(c) procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats of violence or harassment that exist or may exist;

(d) procedures to report violence or harassment;

(e) procedures to investigate complaints and incidents of violence or harassment;

(f) provisions to protect the confidentiality of all parties involved in a complaint or incident, except where disclosure is

(i) necessary to

(A) investigate the complaint or incident,
(B) take corrective action, or
(C) inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident,

(ii) necessary to inform workers of a specific or general threat of violence or potential violence, or

(iii) required by law.

390(2)

When developing and implementing a violence and harassment prevention plan, an employer must consult with

(a) the joint health and safety committee, if there is one,

(b) the health and safety representative, if there is one, or

(b) affected workers, as far as reasonably practicable to do so, if there is no joint health and safety committee or health and safety representative.

390.3

When an employer is aware that a worker is or is likely to be exposed to domestic violence at a work site, the employer must take reasonable precautions to protect the worker and any other persons at the work site likely to be affected.

390.7(1)

An employer must review the violence and harassment prevention plan required by section 390(1) in any of the following circumstances:

(a) when an incident of violence or harassment indicates a review is required;

(b) where there is a change to the work or work site that could affect the potential for violence or harassment to occur;

(c) if the joint health and safety committee or the health and safety representative requests a review;

(d) at least every 3 years.

390.7(2)

When carrying out the review required by subsection (1), the employer must consult with

(a) the joint health and safety committee, if there is one,

(b) the health and safety representative, if there is one, or

(c) affected workers, as far as reasonable practicable to do so, if there is no joint health and safety committee or health and safety representative.

390.7(3)

The employer must revise the violence and harassment prevention plan as necessary following a review required under subsection (1).

391

An employer must ensure that workers are trained in

(a) the recognition of violence and harassment,

(b) the violence and harassment prevention plan the employer has developed and implemented under section 390(1), including when revisions are made to the plan,

(c) the appropriate response to violence and harassment, including procedures for obtaining assistance, and

(d) the procedures for reporting, investigating and documenting complaints and incidents of violence and harassment.

391.1

Sections 33(6)(a) to (c), (7) and (8) and 36 of the Act apply to incidents of violence or harassment.

391.2

An employer must ensure that a worker reporting an injury or adverse symptom resulting from an incident of violence or harassment is advised to consult a health professional of the worker’s choice for treatment or referral.

392

When a worker is treated or referred by a physician under section 391.2 and if the treatment sessions occur during regular work hours, the worker is deemed to be at work during that treatment.

392.1

Sections 392.2 to 392.5 apply to the following where workers are ordinarily present during business hours:

(a) retail fuelling outlets;

(b) convenience stores or other retail outlets that offer limited quantities of general goods for sale such as food and household items, but not including pharmacies, liquor stores, cannabis stores or other retail outlets that focus on a narrow category of goods for sale.

392.2(1)

An employer must ensure that

(a) safe cash-handling procedures are developed and implemented, including procedures that minimize the amount of cash readily accessible to a worker at the work site,

(b) good visibility is maintained into and out of the work site,

(c) access by the public is limited in the interior of any buildings in the work site,

(d) the work site is monitored by video surveillance,

(e) signs at the work site are visible to the public indicating that the work site is monitored by video surveillance, and

(f) each worker working alone is provided with a personal emergency transmitter monitored by the employer or the employer’s designate.

392.2(2)

392.2(2) An employer must ensure that, when the work site is open to the public between the hours of 11:00 p.m. and 5:00 a.m.,

(a) there is a time lock safe at the work site that cannot be opened by a worker between those hours,

(b) the quantities of high value items, including cash and lottery tickets, are limited,

(c) remaining high value items are stored in a secure location, and

(d) signs at the work site are visible to the public indicating that

(i) the safe at the work site is a time lock safe that cannot be opened, and

(ii) the quantity of high value items such as cash and lottery tickets is limited.

392.2(3)

An employer must ensure that the requirements referred to in subsections (1) and (2) are included in the employer's violence and harassment prevention plan developed and implemented under section 390(1).

392.4

The employer must ensure that the violence prevention plan requirements under section 392.2 and corresponding worker training under section 392.3 are reviewed and, if necessary, revised every 3 years and whenever there is a change of circumstances that may affect the health and safety of workers.

392.5

A worker working alone must wear the personal emergency transmitter referred to in section 392.2(1)(f).

392.6(1)

An employer must ensure that fuel sold at retail fuelling outlets is paid for before the fuel is dispensed.

392.6(2)

Despite subsection (1), if approved by a Director, an employer may implement procedures or use equipment to ensure payment before fuel is dispensed.