What are your obligations if you suspect an employee is suffering from domestic abuse?

The Occupational Health and Safety Act requires that an employer who becomes aware or ought reasonably to be aware that domestic violence could impact the workplace by exposing a worker to physical injury in the workplace must take “every precaution reasonable in the circumstances for the protection of the worker.”

If an employer becomes aware or suspects that an employee is being abused and believes it is possible the abuser may attend the workplace and/or harm the worker or their colleagues, the law requires that the employer take reasonable steps to prevent harm.

There are many ways in which an employer could satisfy this duty. For example, if the employee works at night, ensuring that they are accompanied to their vehicle; or, if the employee works alone, providing a partner for a period of time. Other options may include notifying security staff of the issue to prevent the person from entering the premises.

The best course of action for an employer in these circumstances is to create a safety plan with the employee, their manager and any other relevant individual. Privacy is important; as such, the issue should remain confidential. Only relevant individuals should be included in any discussions related to a safety plan.

It is important to remember that this is a sensitive and difficult topic to raise with an employee, especially those who view the matter as private. As such, any discussion of this nature should be approached with the utmost care and concern.

If your employee has a spouse, former spouse, current or former intimate partner or a family member that you suspect may physically harm, or attempt or threaten to physically harm that worker at work, you must take precautionary measures as domestic violence is considered workplace violence.