Bullying and Harassmentin the Workplace

November 2015

Objectives

• Bullying and Harassment  - What’s happened in the past two years at WorkSafeBC

• Understanding the three main WorkSafeBC avenues and others that aggrieved workers use.

• Tips and tricks to navigate through the various requirements to ensure a bullying and harassment free environment.

Employers’ Advisers Office

• Independent from WorkSafeBC• Advice• Assistance• Education• Representation • WorkSafeBC issues

Bullying and Harassment – Hierarchy of Law and Policy

Part 3of the Act

OHS Policies & Guidelines

Keep in Mind…

• Human Rights• Labour Relations• Court Cases • Employment Standards• Other WCA provisions and Regulations

Workers Compensation Act, Part 3

• General health and safety obligations of workplace parties include prevention of bullying and harassment:

• Section 115 – Employer Obligations • Section 116 – Worker Obligations• Section 117 – Supervisor Obligations

Workplace Bullying & Harassment Prevention Policies

• Employer Duties – D3-115-2• Worker Duties – D3-116-1, and• Supervisor Duties – D3-117-2

Definition of Bullying & Harassment

• Inappropriate conduct or comment• Person knew or ought to have known

would cause humiliation/intimidation• Reasonable management and direction

excluded

WorkSafeBC Complaints

• Application for Compensation• Occupational Health and Safety

Complaints• Discriminatory Action complaints

Mental Disorder Claims

• 8,152 claims registered (July 2012 – Sept 30, 2015)

• Top three: Health Care, Transportation & Retail

• #4 – Accommodation, Food and Leisure

(672 complaints)

Claims Involving B&H

• 1,264 claims allowed – 115 accepted for B&H

• 3564 claims disallowed – 47% involved some allegation of B&H

• Important to note also while it didn’t get to the level of B&H, conflict in the workplace was often identified.

OH&S Complaints of Bullying and Harassment

• Nov 1, 2013 – 6,637 complaints• Approx. 66.5 enquires a week• Where do they come from?• Online – Questionnaires• Referrals from Case Managers• The majority were about an employer not

having any policies or procedures

OH&S Complaints to WorkSafeBC

• 6,637 complaints• Top three: Health Care, Hospitality and

Retail• Hospitality #2 - 939 complaints• Demographics

Alleged Bullies or Harrassers

• 29% of complaints – manager• 28% of complaints – co-worker• 20% of complaints – supervisor• 7% of complaints – business owner• The remaining include subordinates,

members of the public and other organizations

Discriminatory Action

• Increase overall for these compliants• Increase of allegations of bullying and

harassment that the employer views as insubordination

• Be very aware of this when dealing with a worker’s rights or duties

Policy D3-115-2 Employer Dutiesa) Policy Statement

b) Prevent and Minimize (Proactive Steps)

c) Reporting Procedures

d) Investigation Procedures

…/2

Policy D3-115-2 Employer Dutiese) Informing Workers

f) Supervisor and Worker Training

g) Annual Review of Policy and Procedures

h) Not engage in Bullying and Harassment

i) Apply and Comply with own Policy and Procedures

a) Policy Statement

• Key Components– Definition – Zero tolerance

b) Prevent and Minimize

• Actively monitor the workplace• Investigate, follow-up and document

c) Reporting Procedures

• When workers are to report and to whom (conflict of interest to be addressed)

• How workers report• Response to the report

d) Investigations Procedure

i. How and when they will be conducted

ii. What should be included

iii. Roles and responsibilities of all parties

iv. Follow-up – including corrective actions

v. Record keeping

(i) How and When Conducted

• Investigations should be objective • Confidentiality issues considered• Timelines

(ii) What Should be Included

• Attending the scene• Reviewing documents• Interviewing complainant, respondent and

witnesses

(iii) Roles and Responsibilities of All Parties

• Employer• Supervisor• Investigator• JOHSC or Worker H&S Representative• Worker

(iv) Follow Up

• Examples of corrective actions• Seek legal advice re progressive discipline• Restoring the workplace• Document

(v) Record Keeping

• Sample investigation form• What else may be included• Consider use in other legal venues

e) Informing Workers

• Inform workers of– Policy Statement– Proactive monitoring provisions– Any changes to the above

f) Training Supervisors & Workers

i. Recognizing the potential for the hazard

ii. Responding to bullying and harassment

iii. Reporting and investigating procedures

g) Annual Review

a) Policy statement

b) Prevent and minimize processes

c) Procedures for workers to report

d) How the employer will deal with complaints

h) Employer Not to Engage

• “Walk the Talk”• Can’t bully or harass workers or

supervisors

i) Applying and Complying

• Must follow own Policy Statement and procedures

• Document, document, document!

Other Considerations

• Who will fulfill Policy requirements• “Other Workers” at your workplace• Multiple employer workplaces

Implementation

• In force since November 1, 2013• No official “grace period”• Complaint-drive• Initially consultative/now enforcement

Policy D3-116-1 Worker Duties

• Not to engage in bullying and harassment• Report if observed or experienced• Comply with employer’s policies and

procedures

Policy D3-117-2 Supervisor Duties

• Not to engage in bullying & harassment• Comply with policies and procedures

Summary

• Ensure written policy statement and procedures are complete and implemented

• Respond to complaints in a timely manner• Investigate and document incidents/outcomes • Ensure roles and responsibilities are clear• Ensure adequate information and training• Review your processes annually

Resources• WorkSafeBC - Handbook and Toolkit

Bullying and Harassment Resources• go2hr

www.go2hr.ca/health-safety• Employers Advisers Office

www.labour.gov.bc.ca/eao