Bullying and Harassment OHS Prevention Presented by: Alex Booth October 1, 2013

Employers’ Advisers Office Advice Assistance Education Representation No cost service

WorkSafeBC Definition of Bullying & Harassment Includes any inappropriate conduct or comment by a person towards a work that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but…

Definition of Bullying & Harassment Excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

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

Concurrent Obligations Discriminatory Actions under WCA Human Rights Labour Relations Court System – wrongful dismissal cases

Policy D Employer Duties Reasonable steps must be taken to address the hazard How? What does compliance look like?

Policy D Employer Duties Policy Statement Prevent/Minimize Bullying and Harassment Procedures – Reporting/Investigating Training – Supervisors and Workers Annual Review of Policy and Procedures

Policy D Worker Duties Not to engage in bullying and harassment Report if observed or experienced Comply with employer’s policies/procedures

Policy D Supervisor Duties Not to engage in bullying and harassment Comply with employer’s policies/procedures Investigating and taking corrective action

Policy Statement Complimentary to OSH Program Policy Zero tolerance for Bullying and Harassment Macro level statements

Reporting Establish protocols Clear methods Consider conflict of interest

Investigations Procedure How and when they will be conducted What should be included Roles and responsibilities of all parties Follow-up – including correction actions Documentation

Training Workers and Supervisors General Training Specific Training

Annual Review Policy Statement Reporting Procedures Investigation Procedures Preventative Steps taken

Scenario A

Upcoming Resources WorkSafeBC Bullying and Harassment Toolkit Workers Compensation Act Guideline

Question Where else is this likely to show up?

MHCU Claims Top Subsectors: July 1, 2012 – June 30, 2013 SubsectorCountPercent Health Care and Social Assistance % Transportation and Related Services % Accommodation, Food, and Leisure Service % Retail % Education % Public Administration % Business Services % Other Services (not elsewhere specified)944.09% Deposit Sector 11 (formerly Class 13)793.44% General Construction622.70% Wood and Paper Products502.17% Professional, Scientific, & Tech Service421.83% Metal and Non-Metallic Mineral Products411.78%

Key Changes – Bill 14 “Mental Stress” now “Mental Disorder” Traumatic events and gradual onset stress Predominant cause test Bullying and harassment Diagnosis by psychiatrist or psychologist

Policy C A.DSM Diagnosis B.Event(s) or Stressor(s) C.Traumatic Event(s) or Significant Stressor(s) D.Causation E.Exclusions

A. DSM Diagnosis DSM diagnosis by a psychiatrist or psychologist Psychiatrist or psychologist may be appointed All relevant medical evidence considered

B. Event(s) or Stressor(s) Must be identifiable Worker’s subjective statements considered Must be verifiable

C. Traumatic Event(s) An emotionally shocking event Generally unusual and distinct Daily exposure not precluded Usually witnessed first-hand Reaction typically immediate but may be delayed Excessive in intensity and/or duration

C. Significant Stressor(s) Excessive in intensity and/or duration May include: –bullying and harassment –interpersonal conflicts if threatening or abusive

D. Causation (i)Traumatic Event(s) Two-part test: –Arising out of and in the course of employment –Event(s) are of “causative significance”

D. Causation (ii) Significant Stressor Causation Two-part test: –arising out of and in the course of employment –“predominant cause” of the mental disorder

D. Causation (iii) Aggravation of Pre-existing Mental Disorders Reviewed by WorkSafeBC Causation tests apply

E. Exclusions Business decisions regarding employment Policy provides guidance and examples

Psychological Impairment Arising from Physical Injury Section 5 applies RSCM Policy C Compensable if consequence No need for DSM diagnosis No need for psychiatrist or psychologist

Claim Adjudication Centralized Richmond Team Clinical Services Return to Work/ Vocational Rehab Investigative Support

Employer’s Rights Investigation Communication with worker Participate in Claim/Take a Position Assist with Return to Work Review/Appeal

How the EAO can help? (Claims, Assessment and Prevention) Advice and assistance Representation Education