(^143) referred to as Bill 168, have impacted the manner in which these matters are
framed as workplace violence issues.^144
When health and safety concerns are being assessed, it is important to
remember that such risk assessments should only take place after appropriate
accommodations have been provided and precautions taken.^145 As with cost,
impressionistic evidence of undue safety risk will be insufficient.^146
D. Preliminary and Procedural matters
When preparing an application to be filed with the HRTO, there are numerous
procedural and preliminary considerations that should be taken into account,
such as jurisdictional issues as addressed briefly above. Many of these
considerations are beyond the scope of this paper; however, four considerations
will be dealt with below.
- Publication Ban and Anonymization
Any litigation has the potential for undesired consequences such as the release
of sensitive and private information that could be damaging. Within the context of
a child with a disability, the vulnerability for stigma and unintended negative
future consequences is considerably heightened.
The HRTO Rules of Procedure states that:
(^143) Occupational Health and Safety Act, RSO 1990, c O-1.
(^144) See Victoria Réaume & Brendan McCutchen, “Occupational Health and Safety Rights of Staff
and Special Education Rights of Students: Are they complementary or contradictory?” (prepared
for the Sixth Annual Advanced Issues in Special Education Law, Osgoode Professional
Development, Osgoode Hall Law School (October 27, 2011) [unpublished], online: Cavalluzzo
Hayes Shilton McIntyre & Cornish LLP
<http://www.cavalluzzo.com/publications/newsletters/Occupational%20Health%20-
%20Safety%20Rights%20of%20Staff%20- 145 %20Special%20Education%20Rights.PDF>.
146 OHRC Guidelines, supra note 119 at 39.^
Ibid.