On June 15, 2010, changes were made to the Canada Occupational Safety and Health Act that required most employers to take additional steps to protect employees from harassment and violence in the workplace.

If you operate a business in Canada and are just becoming aware of these policies, you are not in compliance and the faster your business can implement these policies, the better.

As a result of these changes, workplace harassment will be defined as a course of derogatory comment or conduct that is known or reasonably should be known to be unwelcome. It will not be limited to the grounds of discrimination prohibited in the Human Rights Code (for example, race, religion, sex, etc.).

Workplace violence shall be defined as physical force or an attempt to exert physical force that causes or is likely to cause physical injury to employees. Most employers will need to do the following to comply with the changes:

– complete a written risk assessment for violence in the workplace;

– prepare a written policy on violence and harassment in the workplace; and

– develop programs and procedures to implement the policy.

The risk assessment must include an assessment of an employee’s personal safety during the course of their work on or off the employer’s premises.

Employers who are aware or should reasonably be aware of a domestic violence situation are required to take all reasonable precautions to protect their workers from it in the workplace.

The policy and procedures should do the following:

– control the risk of violence and harassment identified by the assessment;

– enable workers to obtain emergency assistance in case of actual violence, its risk or threat, and report violence and harassment to the employer;

– establish a system for how an employer will investigate complaints from its employees;

– take care of employee training to ensure compliance with the policy in the workplace.

Employers will need to make sure they comply with the changes in order to ensure that their employees are safe and secure while in their care. Compliance is necessary as not only is it required by law, but these policies would definitely improve the working environment at your company.

If the employer has not complied with the changes, the Minister may:

– reduce or suspend grants to the entity for as long as the non-compliance continues;

– assumes control of the entity and responsibility for its affairs and operations;

– revoke the designation and stop making grants to the entity; gold

– take other measures it deems appropriate.

The above is intended as a brief description; however, for more specific details, see the Occupational Safety and Health Act or contact an employment attorney.

If you are employed by a Canadian company that does not have a workplace bullying or workplace violence policy, now would be the time to create your policies to ensure that the company is compliant and avoid any penalties or legal complications in the future.