In preparing, implementing and maintaining
a workplace harassment program in any workplace, the employer is duty - bound (under the common law) to exercise due diligence in taking all reasonable steps to protect workers from foreseeable harm.
develop and maintain
a workplace harassment program in consultation with its joint health and safety committee or health and safety representative, if any
The Practice requirements specify that
the workplace harassment program must include a procedure to report incidents of harassment, including the proper person to receive a complaint of harassment, and the person to receive a complaint of harassment if the complainant alleges the employer or supervisor is the alleged harasser.
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.
Mandating that employers include written measures and procedures for workers to report incidents in addition to the current requirement that employers create
a workplace harassment program;
It will require that all incidents and complaints of workplace sexual harassment be appropriately investigated, that a complainant be informed of the results of the investigation and any corrective action, and that the employer's
workplace harassment program be reviewed at least annually.
One notable change is a requirement that
the workplace harassment program provide that information gathered about an incident or complaint of workplace harassment will not be disclosed unless necessary for the investigation or corrective action regarding the incident.
Further, the Bill contains a number of proposed changes to
the workplace harassment programs that are already required of Ontario employers.
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.
Effective September 8, 2016, these reforms change the definition of «workplace harassment» to include «sexual harassment,» and impose new obligations on employers in relation to
workplace harassment programs to, among other things:
Both workplace violence and
workplace harassment programs must include measures and procedures for workers to report incidents of workplace violence / harassment and set out how the employer will investigate and deal with incidents or complaints.
Not exact matches
During the past year, the Leadership Development and Compensation Committee met with management and reviewed matters that included the design, amounts, and effectiveness of the Company's compensation of senior executives, management succession planning, the Company's benefit and compensation
programs, the Company's human resources
programs, including review of
workplace discrimination and
harassment reports, and feedback from the Company's shareholder engagement.
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.
One
program amendment to the OHSA that could present a challenge for smaller employers is a new requirement that employers provide a means for reporting incidents or complaints of
workplace harassment where the complainant's supervisor or employer is the alleged harasser.
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.
This
program must be reviewed at least once a year and, in addition to providing a means to report incidents or complaints of
workplace harassment and setting out how complaint will be investigated and dealt with, employers are required to: address alternate means of reporting complaints of
workplace harassment; how confidentiality will be maintained during an investigation; and how the complainant and alleged harasser will be informed of the result of the investigation — including corrective action.
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.
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.
For instance, an employer must review its
harassment program at least once a year to ensure that it adequately implements the policy with respect to
workplace harassment required under the Act.
The Act also increases an employer's requirement to improve upon and / or implement a
workplace harassment and sexual
harassment prevention
program, and with respect to investigations of
workplace harassment, it will impose particular duties on employers and includes the following:
The Act will also increase an employer's requirement to improve upon and / or implement a
workplace sexual
harassment prevention
program, and with respect to investigations of
workplace harassment, it will impose particular duties on employers.
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.
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.
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.
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.
Workers must be educated on the
workplace harassment policy and
program (similar to the obligation for
workplace violence).
Develop written plans and
programs addressing
workplace harassment and a timeline to review at least annually;
Part Four: Providing Information and Instruction on a
Workplace Harassment Policy and
Program
The
workplace harassment «
program» must be reviewed at least annually (more often if reasonably necessary), like the
workplace harassment «policy».
According to the
Harassment and Violence in the Workplace Public Consultation Report - What we Heard released in March 2017 by Employment and Social Development Canada, Labour Program, 60 percent of respondents reported having experienced some form of h
Harassment and Violence in the
Workplace Public Consultation Report - What we Heard released in March 2017 by Employment and Social Development Canada, Labour
Program, 60 percent of respondents reported having experienced some form of
harassmentharassment.
Britt - Marie Cole - Johnson, Rachel Kushel, and Abby Warren will conduct a hypothetical
workplace harassment investigation as part of a
program presented by the Human Resource Association of Central Connecticut (HRACC).
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.
The key question is whether the components of your -
workplace harassment - prevention
program are both comprehensive and effective.
Practical aspects of preparing policies,
programs, managing and investigating alleged
harassment and
workplace violence, whether involving sexual or other
harassment or violence.
The
program was conducted as a hypothetical
workplace harassment investigation.
Review of existing policies and training protocols to ensure
workplace harassment policies and
programs are consistent with the new OHSA requirements
Labor + Employment Group lawyers Britt - Marie K. Cole - Johnson, Rachel V. Kushel, and Abby M. Warren presented the
program «If I Could Turn Back Time... Getting
Workplace Harassment Investigations Right» on February 28, 2018 in Rocky Hill, Connecticut.
Presented by the Human Resource Association of Central Connecticut, the
program was conducted as a hypothetical
workplace harassment investigation.
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.