Workplace ‘had little to no procedure or training for handling violent situations’
A British Columbia-based restaurant chain has been fined $55,000 in Ontario after a worker was injured during an incident of workplace violence at its London location, following a conviction for failing to have a compliant workplace violence policy in place.
Richmond Street Warehouse Restaurant Ltd. – operating as El Furniture Warehouse and headquartered at 3200-650 West Georgia Street in Vancouver – was convicted in Provincial Offences Court in London in connection with the incident at its premises at 645 Richmond Street, London, Ontario.
The offence occurred on Nov. 5, 2023, when a worker was on duty as a host at the Richmond Street bar. At approximately 1 a.m., a floor manager directed the worker to tell a customer to leave.
While the host was speaking with the customer, “they mimicked striking the worker. A second later, the patron’s companion struck the worker.”
The report states that “both the worker and the second patron fell to the floor. As the worker began to stand up, the patron struck the worker again.”
The worker called 911 and reported the incident to the floor manager using a social media messaging application. The worker was taken to hospital and treated for an injury.
Following an investigation, the Ministry of Labour, Immigration, Training and Skills Development concluded that El Furniture Warehouse had failed to comply with its obligations under the Occupational Health and Safety Act (OHSA) in relation to workplace violence.
The Ontario government said the restaurant “had little to no procedure or training for handling violent situations.” Investigators found there were no procedures for summoning immediate assistance, no radios to assist with communication between workers, and no security guards on site at the time of the incident.
Inspectors also determined that the company had not completed a workplace violence risk assessment, despite previous incidents of violence at the location in the preceding year.
The company pleaded guilty to failing to develop, maintain and implement a workplace violence policy compliant with Section 32.0.2(2) of the Occupational Health and Safety Act. That section provides that “an employer shall develop and maintain a program to implement the policy with respect to workplace violence required under clause 32.0.1(1)(a),” and requires that the program include “measures and procedures for summoning immediate assistance when workplace violence occurs.”
Justice of the Peace Abdul Ali Chahbar imposed a fine of $55,000 following the guilty plea. Crown counsel was Katie Krafchick. The court also imposed a 25 per cent victim fine surcharge under the Provincial Offences Act, which is credited to a special provincial government fund to assist victims of crime.
How can employers stop violence in the workplace?
There are several steps companies can take to prevent workplace violence in their business. These include the following, according to Michelle Ann Zoleta, health & safety team manager, Peninsula.
- Develop a workplace violence prevention policy and procedure
- Provide training for employees
- Implement security measures
- Create a respectful workplace culture
- Respond promptly to incidents of violence or harassment
