I. INTRODUCTION
It has now been just over five years since Bill 168, now known
as Part III.0.1 of the Occupational Health and Safety Act
(Ontario) ( "OHSA" or the "Act"),
amended the OHSA on June 15, 2010. As Ontario employers
are now generally aware, the amendments required employers to
establish workplace violence and harassment policies, develop
programs to implement those policies and provide employees with
information regarding these policies and programs.
The purpose of this paper is to review the arbitral, common law
and tribunal jurisprudence that has since emerged interpreting the
amendments to the OHSA. The paper begins with a summary of
Kingston (City) v. Canadian Union of Public Employees, Local
109 (Hudson Grievance)1 which is now widely
regarded as the leading arbitral decision considering the Bill 168
amendments. This is followed by a review of the recent Ontario
Labour Relations Board ("OLRB" or the "Board")
decision in Hydro One Inc. v. CUSW2. Two
