OHS Code Explanation Guide

Published Date: July 01, 2009
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Part 27 Violence

Section 392 Response to incidents

Subsection 392(1)

An incident involving workplace violence constitutes an “accident that has the potential of causing serious injury to a worker” (a phrase used in section 18(3) of the OHS Act). As a result, the employer must investigate the incident, prepare a report, keep it on file for a period of two years from the date of the incident and have it readily available for inspection by an Occupational Health and Safety Officer.

The incident does not need to be reported to Alberta Human Services. Only those events listed in subsection 18(2) of the OHS Act need to be reported.

Subsection 392(2)

Workers who have been victims of violence need to be debriefed shortly after the incident. Workers need to understand that they are not to blame for aggressive behaviours directed at them and that being the victim of violence does not reflect on them.

Victims of incidents of workplace violence or other workers who may have been exposed to a violent incident require emotional support and reassurance. They need information about their rights and options. This subsection requires the employer to ensure that victims and other exposed workers are advised to consult a health professional of the worker’s choice for treatment or referral.