My opinion
Just to give the reader some common frame of reference, the Ontario government enacted legislation in the Ontario Occupational Health and Safety Act (OHSA) in 2010. (It has since been updated 3-4 times)
Anti-Bullying Introduced
By Jeff Cottrill – Editor
The Alberta legislature has proposed a law that would make harassment policies mandatory for workplaces. Craig Coolahan, the MLA for Calgary-Klein, tabled a private member’s bill in the legislature in Edmonton on November 09, 2016. The Occupational Health and Safety (Protection from Workplace Harassment) Amendment Act, 2016 passed its first reading and is moving on to its second.
If the bill passes, every employer in the province will have to establish a workplace-harassment policy and investigate all harassment complaints. An employee who is not satisfied with the resolution of the complaint will be able to file another complaint with a government OH&S officer, who may mediate a resolution if the matter has merit. An unsuccessful mediation could potentially result in “corrective action” against the perpetrator.
“I am extremely excited to see this happen,” says Linda Crockett, a social worker and the founder and executive director of the Alberta Bullying Research & Recovery Centre in Edmonton.
Coolahan cites a recent study revealing that 60 per cent of Alberta workers had experienced workplace harassment, with half of the victims of bullying or harassment indicating that they would not report it. Of the ones who had sought help from their employers’ human-resources departments, 62 per cent said that the companies had taken no action.
If the bill becomes law, Crockett says that employers will have greater accountability in preventing workplace harassment and creating policies to address such incidents when they occur.
Only about 70 per cent of Alberta workplaces have harassment policies in place, according to recent information from the Human Resources Institute of Alberta. The policies that do exist are inconsistent, tending to vary from employer to employer.
Crockett explains that workplace bullying is usually an insidious type of psychological abuse that takes place behind close doors. “The tactics are quite subtle, passive-aggressive,” she notes, adding that there is a breakdown in the system of complaint and policy.
She adds that the province needs more education and training on workplace harassment by qualified anti-bullying specialists, as well as resources both for victims and for those who act out. “Most people in the workplace don’t realize that they are being bullied until at least a year after, or until they become quite ill, and that is when they finally reach out for help,” she says.
Coolahan clarifies that the bill is intended to be preventative rather than punitive. “It is about protecting all Albertans. It is about ensuring that all employers and employees are familiar with what harassment is and what it is not through the use of a robust harassment policy and training.”
As I mentioned earlier in the article, Ontario has had the legislation in place for 14+ years.
Below are all the sections starting from 32.0.1 through 32.0.8
Policies, violence and harassment
32.0.1 (1) An employer shall,
(a) prepare a policy with respect to workplace violence;
(b) prepare a policy with respect to workplace harassment; and
(c) review the policies as often as is necessary, but at least annually.
Written form, posting
(2) The policies shall be in written form and shall be posted at a conspicuous place in the workplace.
Exception
(3) Subsection (2) does not apply if the number of workers regularly employed at the workplace is five or fewer, unless an inspector orders otherwise.
Program, violence
32.0.2 (1) 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).
Contents
(2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures to control the risks identified in the assessment required under subsection 32.0.3 (1) as likely to expose a worker to physical injury;
(b) include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur;
(c) include measures and procedures for workers to report incidents of workplace violence to the employer or supervisor;
(d) set out how the employer will investigate and deal with incidents or complaints of workplace violence; and
(e) include any prescribed elements.
Assessment of risks of violence
32.0.3 (1) An employer shall assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
Considerations
(2) The assessment shall take into account,
(a) circumstances that would be common to similar workplaces;
(b) circumstances specific to the workplace; and
(c) any other prescribed elements.
Results
(3) An employer shall,
(a) advise the committee or a health and safety representative, if any, of the results of the assessment, and provide a copy if the assessment is in writing; and
(b) if there is no committee or health and safety representative, advise the workers of the results of the assessment and, if the assessment is in writing, provide copies on request or advise the workers how to obtain copies
Reassessment
(4) An employer shall reassess the risks of workplace violence as often as is necessary to ensure that the related policy under clause 32.0.1 (1) (a) and the related program under subsection 32.0.2 (1) continue to protect workers from workplace violence.
Same
(5) Subsection (3) also applies with respect to the results of the reassessment.
Domestic violence
32.0.4 If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.
Duties re violence
32.0.5 (1) For greater certainty, the employer duties set out in section 25, the supervisor duties set out in section 27, and the worker duties set out in section 28 apply, as appropriate, with respect to workplace violence
Information
(2) An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace violence; and
(b) any other prescribed information or instruction.
Provision of information
(3) An employer’s duty to provide information to a worker under clause 25 (2) (a) and a supervisor’s duty to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if,
(a) the worker can be expected to encounter that person in the course of his or her work; and
(b) the risk of workplace violence is likely to expose the worker to physical injury.
Limit on disclosure
(4) No employer or supervisor shall disclose more personal information in the circumstances described in subsection (3) than is reasonably necessary to protect the worker from physical injury.
Program, harassment
32.0.6 (1) An employer shall, in consultation with the committee or a health and safety representative, if any, develop and maintain a written program to implement the policy with respect to workplace harassment required under clause 32.0.1 (1) (b).
Contents
(2) Without limiting the generality of subsection (1), the program shall,
(a) include measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor;
(b) include measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser;
(c) set out how incidents or complaints of workplace harassment will be investigated and dealt with;
(d) set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law;
(e) set out how a worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation; and
(f) include any prescribed elements.
Duties re harassment
32.0.7 (1) To protect a worker from workplace harassment, an employer shall ensure that,
(a) an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances;
(b) the worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, are informed in writing of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation;
(c) the program developed under section 32.0.6 is reviewed as often as necessary, but at least annually, to ensure that it adequately implements the policy with respect to workplace harassment required under clause 32.0.1 (1) (b); and
(d) such other duties as may be prescribed are carried out.
Results of investigation not a report
(2) The results of an investigation under clause (1) (a), and any report created in the course of or for the purposes of the investigation, are not a report respecting occupational health and safety for the purposes of subsection 25 (2).
Information and instruction, harassment
32.0.8 An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment; and
(b) any other prescribed information.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Violence’ and ‘Harassment’ in the workplace.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Canada, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
The degree of my admiration for your work is just as great as your personal opinion.