Workplace Harassment and Violence – What Employers Need to Know

Employers in Canada are obligated to ensure that their employees are protected from workplace harassment and violence. The federal government and most provinces* in Canada set out detailed workplace harassment and violence regimes in their health and safety legislation.

*Note: British Columbia’s health and safety laws focus on preventing workplace violence. Quebec has a  similar harassment and violence regime through a combination of requirements in its employment standards and health and safety legislation. 

In this workplace harassment and violence primer, we review the fundamental requirements that every employer must know.

What Constitutes Workplace Harassment and Violence?

Generally, workplace harassment refers to objectionable comments or conduct against a worker that can be reasonably expected to be unwelcome or to cause offence, humiliation or injury. This may include bullying, sexual harassment or harassment related to a protected ground under human rights legislation. Many provinces specify that a single serious incident may qualify as harassment. 

Workplace violence tends to mean threatened, attempted or actual conduct that causes or is likely to cause physical (and in some jurisdictions, psychological) injury or harm. Alberta, New Brunswick and Ontario specify that this may include domestic violence in the workplace.

Establishing a Workplace Harassment and Violence Program

Assessment

Most Canadian jurisdictions require employers to start by conducting an assessment of the workplace. Most legislation limits the assessment to the risk of violence, but the federal government also requires employers to assess harassment risk factors. Assessments of workplace violence may take into factors such as:

• past violence in the workplace
• violence in similar workplaces
• location and circumstances in which the work takes place.

Reassessments may be required periodically or where workplace circumstances change.

Workplace Harassment and Violence Policies

Most jurisdictions in Canada require employers to develop separate harassment and violence policies and procedures. Workplace harassment and violence programs must be developed in consultation with the health and safety committee or representative, as applicable. The specific requirements vary from one province to the next, but generally they include:

• employer statements committing to preventing and protecting employees from harassment/violence
• a process for employers and workers to follow when addressing harassment/violence, including complaint and investigation procedures.

Training

Employers must provide training on workplace harassment and violence policies and procedures. This may include training on the employer’s policies and programs, and how to recognize the potential for violence.

Duty to Warn

In addition to training requirements, many provinces include a duty to warn employees about potential threats of violence. This may include a duty to provide information regarding the risk of violence from persons who have a history of violent behaviour and that workers are likely to encounter at work.

Investigations of Workplace Harassment and Violence

Generally, when there is a complaint of workplace harassment or violence, employers have a duty to conduct an investigation. (Some health and safety legislation limits investigation requirements to harassment complaints, but that may be because incidents of violence are more likely to involve a police investigation.)  Investigation requirements tend to vary from one Canadian jurisdiction to the next. For example:

• The Canada Labour Code (which applies to federally regulated workplaces like banks, telecommunications, airlines, shipping and railway) sets out a detailed investigation process, including negotiation, conciliation, investigation and reporting. (See our earlier post on federal workplace and harassment laws for further information.)
• Some provinces (e.g., Alberta) require the investigator to prepare a written report.
• Ontario, Newfoundland and Labrador and PEI permit inspectors to order an impartial third party to investigate a complaint of workplace harassment.

Working Alone

Employees working alone may be at increased risk of workplace violence. Thus, many provinces include special requirements for workplaces with such employees. This may include doing a separate assessment to identify possible risks for employees working alone, and implementing special procedures to minimize these risks (e.g., communication systems, regular check-ins, specialized training).

What’s New in Workplace Harassment and Violence

Governments across Canada frequently update workplace harassment and violence legislation. In the last year alone we have seen the following changes:

• Alberta: Assessments of workplace violence and harassment are no longer required. Employers must develop one (consolidated) violence and harassment prevention plan. The duty to warn now includes harassment.
• Nova Scotia: Employers must implement a written workplace harassment policy that meets specified requirements. (Previously, Nova Scotia only mandated workplace violence prevention plans.)
• Ontario: Workplace harassment includes virtual harassment through the use of technology. Health and safety requirements, including those governing workplace harassment and violence, apply to telework performed at a private residence. Read our post: New Laws for Remote & Hybrid Work for more details. 

Contact us to Request a Demo or email us at info@complianceworks.ca to learn how a subscription to Compliance Works can help your HR team succeed.