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

2. Employers’ Advisers Office Advice Assistance Education Representation No cost service

3. 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…

4. 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.

5. 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

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

7. Policy D3-115-2 Employer Duties Reasonable steps must be taken to address the hazard How? What does compliance look like?

8. Policy D3-115-2 Employer Duties Policy Statement Prevent/Minimize Bullying and Harassment Procedures – Reporting/Investigating Training – Supervisors and Workers Annual Review of Policy and Procedures

9. Policy D3-116-1 Worker Duties Not to engage in bullying and harassment Report if observed or experienced Comply with employer’s policies/procedures

10. Policy D3-117-2 Supervisor Duties Not to engage in bullying and harassment Comply with employer’s policies/procedures Investigating and taking corrective action

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

12. Reporting Establish protocols Clear methods Consider conflict of interest

13. 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

14. Training Workers and Supervisors General Training Specific Training

15. Annual Review Policy Statement Reporting Procedures Investigation Procedures Preventative Steps taken

16. Scenario A

17. Upcoming Resources WorkSafeBC Bullying and Harassment Toolkit Workers Compensation Act Guideline

18. Question Where else is this likely to show up?

19. MHCU Claims Top Subsectors: July 1, 2012 – June 30, 2013 SubsectorCountPercent Health Care and Social Assistance61526.75% Transportation and Related Services25811.22% Accommodation, Food, and Leisure Service1948.44% Retail1918.31% Education1355.87% Public Administration1305.65% Business Services1084.70% 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%

20. 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

21. Policy C3-13.00 A.DSM Diagnosis B.Event(s) or Stressor(s) C.Traumatic Event(s) or Significant Stressor(s) D.Causation E.Exclusions

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

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

24. 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

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

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

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

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

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

30. Psychological Impairment Arising from Physical Injury Section 5 applies RSCM Policy C3-22.30 Compensable if consequence No need for DSM diagnosis No need for psychiatrist or psychologist

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

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

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