Part Four: Providing Information and Instruction on a Workplace
Harassment Policy and Program
Workers must be educated on the workplace
harassment policy and program (similar to the obligation for workplace violence).
There are also definitions of workplace harassment and obligations relating to
harassment policies and programs in B.C., Manitoba, NWT, and Saskatchewan and those provisions would need to be consulted for compliance as well.
As we stated in our blog post earlier this year, Bill 132 will require most Ontario employers to revisit their workplace
harassment policies and programs.
Review of existing policies and training protocols to ensure workplace
harassment policies and programs are consistent with the new OHSA requirements
Not exact matches
«Revise their codes of conduct
and adopt
policies intended to create a school environment free from
harassment and discrimination; Adopt guidelines to be used in school training
programs to raise awareness
and sensitivity of school employees to these issues
and to enable them to respond appropriately;
and Designate at least one staff member in each school to be trained in non-discriminatory instructional
and counseling methods
and handling human relations.
guidelines
and programs for in - service education
programs for all district staff members to ensure effective implementation of school
policy on school conduct
and discipline, including but not limited to, guidelines on promoting a safe
and supportive school climate while discouraging, among other things,
harassment, bullying
and discrimination against students by students
and / or school employees;
and including safe
and supportive school climate concepts in the curriculum
and classroom management;
and
On or before July 1, 2013, each school district
and each charter school shall establish
policies, procedures
and guidelines for its school or schools to implement, commencing with the 2013 - 2014 school year
and continuing in each school year thereafter, dignity act school employee training
programs to promote a positive school environment that is free from
harassment, bullying
and / or discrimination;
and to discourage
and respond to incidents of
harassment, bullying,
and / or discrimination on school property or at a school function, or off school property pursuant to subclause (1)(viii)(c)(3) of this subdivision.
The
program is part of the district's effort to implement state
policies aimed at preventing
harassment and bullying in schools.
REALITY: Despite state laws
and district
policies that prohibit discrimination
and address bullying based on sexual orientation
and gender identity, many LGBTQ
and gender non-conforming youth are experiencing verbal
and physical discrimination
and harassment, are not able to identify adult supporters,
and are not learning accurate information about gender, sex,
and sexual orientation;
and teacher - preparation
programs in Illinois are not adequately preparing teachers to address such bias based on sexual orientation
and gender identity.
You will not,
and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking,
harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious
programming routines; (vi) involve the preparation
and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures,
policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.
You will not,
and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking,
harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious
programming routines; (vi) involve the preparation
and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography
and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures,
policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.
It is the
policy of New York Studio School to comply with Title IX of the Education Amendments of 1972, which prohibits discrimination (including sexual
harassment and sexual violence) based on sex in the School's educational
programs and activities.
Employers must also develop
and maintain a written
program to implement the
policy, which must include measures
and procedures as to how workers are to report workplace
harassment, as well as setting out how incidents or complaints will be investigated
and dealt with.
When,
and if, any of these proposals become law, employers in Ontario may need to revisit
and revise existing
policies and programs regarding workplace
harassment.
Response: Bill 132 amends the OHSA to require that the written
program to implement the workplace
harassment policy be developed
and maintained in consultation with the joint health
and safety committee or safety representative, as the case may be.
Require employers to develop
and maintain, in conjunction with their health
and safety committee or representative, a written
program to implement their workplace
harassment policies.
Employers have to review
and amend their violence prevention
program,
policies and procedures
and training under OHSA to specifically include «workplace sexual
harassment».
Employers must consult with the joint health
and safety committee or a health
and safety representative at their workplace, as the case may be, to develop
and maintain a written
program to implement the workplace
harassment policy that includes protection against sexual
harassment.
Currently under OHSA, employers are required to have a
policy and program dealing with workplace
harassment and violence, but the Ontario Labour Relations Board has consistently held that complaints related to sexual
harassment in the workplace should be addressed under the Human Rights Code rather than under the OHSA.
While all employers covered by the OHSA must develop workplace
harassment programs that outline how their workplace
harassment policies will be given effect, the Code of Practice details robust reporting, investigation, recordkeeping
and consultation requirements that each
program must incorporate.
Most readers will recall that this framework originated from Bill 168, which came into force in June 2010,
and mandated employers to develop
policies and programs to deal with workplace violence
and harassment.
This Part of the Code of Practice outlines the Ministry of Labour's expectations as to how the employer will communicate information
and instruction on all aspects of its workplace
harassment program and policy to workers.
We have worked closely with clients who have operations in Ontario to help bring their
harassment policies in line with Bill 168
and we have developed training
programs in satisfaction of these legislative requirements.
It was the first piece of legislation that actually compelled employers to perform risk assessments of potential violence in the workplace (all violence, not just sexual violence), institute
programs and policies for workplace violence
and harassment (all
harassment, not just sexual), give training to employees with respect to both violence
and harassment,
and — most importantly — develop specific procedures to enable both the reporting
and investigation of employee complaints of
harassment.
Sections 32.0.6
and 32.0.7 of the OHSA require an employer to develop
and maintain a
program to implement the
policy with respect to workplace
harassment,
and to provide a worker with information
and instruction that is appropriate for the worker on the contents of the
policy and program with respect to workplace
harassment.
provide a worker with information
and instruction that is appropriate for the worker on the contents of the
policy and program with respect to workplace
harassment (s. 32.0.7 (a)-RRB-.
provide information
and instruction for its workers on the contents of its
policies and programs with respect to workplace
harassment, contrary to s. 32.0.6 of the Occupational Health
and Safety Act.
While I hold out hope that by forcing employers to have
policies and programs to address issues of workplace
harassment,
and especially workplace violence, incident rates of the same have decreased, anecdotal evidence as reported in seems to suggest otherwise.
Practical aspects of preparing
policies,
programs, managing
and investigating alleged
harassment and workplace violence, whether involving sexual or other
harassment or violence.
In Ontario, Occupation Health
and Safety legislation requires that employers have both workplace
harassment as well as workplace violence
policies in place, as well as
programs to implement those
policies.
In addition to complying with Occupational Health
and Safety requirements regarding workplace
harassment and workplace violence
policies and programs, a workplace should have a well established process for conducting workplace investigations.
Per the Ontario MOL, such
policy should, among other things, show an employer's commitment to addressing workplace
harassment; consider workplace
harassment from all sources such as customers, clients, employers, supervisors, workers, strangers
and domestic / intimate partners;
and, outline the roles
and responsibilities of the workplace parties in supporting the
policy and program.
An employer is required to develop
and maintain a
program to implement the workplace
harassment policy that includes how employees will communicate complaints
and incidents of workplace
harassment to employers, how employers will respond, investigate
and deal with a complaint or incident of workplace
harassment.
The risk assessment
and mitigation process begins with a Phase I review
and assessment of organization - wide internal controls, including an analysis of key
policies and procedures, assessment of training
programs,
and review of the organization's track record for receipt, response
and disposition of allegations of sexual misconduct
and workplace
harassment.
Working with clients to adopt best practices related to workplace
harassment and misconduct, including training
programs for all levels of management
and staff, implementation of enhanced
policies and procedures,
and adoption of other internal controls designed to prevent future
harassment and ensure a culture where misconduct is not tolerated.
We recently wrote about new requirements for employers to implement comprehensive
policies,
programs,
and investigative procedures to address workplace
harassment under the Occupational Health
and Safety Act («OHSA») see our blog post here.
Importantly, under these earlier cases, the Board had held that an employer's OHSA workplace
harassment obligations required a workplace
harassment policy, a
program with reporting
and investigation mechanisms,
and worker training on both.
(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
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).
If the expectation is that employers will implement workplace
harassment policies through effective
and meaningful
programs, it is arguably consistent with that approach that an employer's
program could be reviewed to ensure the reporting
and investigation processes meet these expectations.
As a result, employers are required to implement comprehensive
policies,
programs,
and investigative procedures to address workplace
harassment.
Developed
and managed training
programs regarding major
policy changes, regulatory compliance such sexual
harassment, employee
and labor training, performance management.