Since WorkSafeBC introduced three prevention policies effective November 1, 2013, it has received 2,700 bullying and harassment inquiries through its prevention line – an average of 62.5 calls per week.
Those numbers underscore how widespread the issue is in the workplace. Studies also demonstrate that bullying results in lost productivity, absenteeism, turnover and the costly expenditure of management resources. So it should be a key concern for your business.
According to the policies, an employer’s duties include:
- developing a policy statement that workplace bullying and harassment will not be tolerated;
- •taking steps to prevent or minimize bullying and harassment;
- implementing procedures for reporting bullying and harassment and for investigating and addressing incidents or complaints; and
- informing and training supervisors and workers about recognizing, responding to and reporting bullying and harassment.
Have employers had to institute changes in a way that is bad for business since bullying and harassment became a workplace hazard? There are valid concerns such as the associated costs and resources being incurred in a system wholly funded by employers.
The interaction between the prevention policies and the standard health and safety obligations that generally apply to more traditional hazards is also potentially problematic. Requirements related to posting of inspection reports and non-compliance orders in the workplace and disclosure of investigation reports to a worker representative or joint occupational health and safety committee (OHSC) are fraught with confidentiality issues that could potentially aggravate the harm caused by harassment.
At first it may seem alarming that WorkSafeBC prevention officers issued 265 non-compliance orders to employers between January 1 and September 15. However, the role of WorkSafeBC prevention officers is limited to enforcing the duties contained in the policies. With respect to employers this simply means ensuring that an appropriate policy and investigation procedure is in place and that it is being followed. It does not mean interfering with an employer’s investigation or imposing penalties simply because harassment has occurred.
Penalties will not normally be issued unless an employer does not comply with an order to establish a harassment policy or implement training, for example, or an employer is repeatedly in non-compliance with OHSC obligations generally.
Small-business employers with limited resources have access to WorkSafeBC’s tool kit, which provides the basic materials required for compliance, including a sample harassment policy and a PowerPoint presentation for training purposes.
The full impact of the prevention policies on employers is not yet clear, but overall they do not appear to be a significant threat. Rather, they have raised awareness about workplace bullying and harassment and provided a common legal framework for addressing it.
The real challenge for employers is to conduct proper investigations about complaints involving complicated human dynamics to properly address the circumstances. An effective investigation with appropriate follow up should keep legal liabilities to a minimum and maintain a workplace culture that fosters success. •
Marino Sveinson ([email protected]) is a partner in Bull Housser’s labour and employment group and has extensive experience in the area of workplace law.
