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
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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…
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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
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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
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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 Duties
a)
b)
c)
d)
Policy Statement
Prevent and Minimize (Proactive Steps)
Reporting Procedures
Investigation Procedures
…/2
Policy D3-115-2 Employer Duties
e)
f)
g)
h)
i)
Informing Workers
Supervisor and Worker Training
Annual Review of Policy and Procedures
Not engage in Bullying and Harassment
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
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How and when they will be conducted
What should be included
Roles and responsibilities of all parties
Follow-up – including corrective actions
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
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Employer
Supervisor
Investigator
JOHSC or Worker H&S Representative
Worker
(iv) Follow Up
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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)
b)
c)
d)
Policy statement
Prevent and minimize processes
Procedures for workers to report
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
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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