Bullying and Harassment in 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 3 of 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 – D Worker Duties – D , and Supervisor Duties – D

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 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 # 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 D Employer Duties a)Policy Statement b)Prevent and Minimize (Proactive Steps) c)Reporting Procedures d)Investigation Procedures …/2

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

Policy D Supervisor Duties Not to engage in bullying & harassment Comply with policies and procedures

Summary Ensure written policy statement and procedures arecomplete 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 Employers Advisers Office