Legal Updates

For more information contact Workplace Safety & Prevention Services wspslegislation@wsps.ca 1 877 494 WSPS (9777) The content provided is for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind and should not be used as a substitute for consultation with a professional legal advisor. Users of this information who require legal advice are advised to contact their own legal counsel regarding any specific legal issues or before making any decision or taking any action. WSPS does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. In no event will WSPS be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site. Page 4 LEGISLATION BRIEFING The resolution process must include multiple options for resolution: Early resolution The employer or designated recipient must make every reasonable effort to resolve the occurrence. Must be concluded within 180 days after the notification of the occurrence is made. Conciliation May proceed only if an investigation of the occurrence has not begun and if the principal party and the responding party agree. Must be concluded within 180 days after the notification of the occurrence is made. Investigation The investigator must examine the occurrence. After the investigation is resolved the investigator must provide a report to the employer, the principal party and the responding party that sets out: a detailed description of the occurrence, the methodology used for the investigation, their analysis and findings and recommendations to eliminate or minimize the risk of a similar occurrence. Must be concluded within one year after the notification of the occurrence is made. It is important to note that if an investigation is chosen to address the occurrence, employers will have to follow the requirements regarding the selection and qualifications of the investigator. Records and Reports To support enforcement of the proposed Regulations, employers will have to keep a number of records (for a period of ten years), including; Records of all notifications of harassment and violence in their workplace; Records of the actions taken to address the notifications; Records of the decisions they make in the event they are unable to agree on an issue that they must do jointly and; Records of any delays to the timelines. In addition employers must also keep a copy of each investigators report, annual report, semi‐annual report and a copy of each fatality. The proposed Regulations outlines the content to be included in each record and report. Internally, employers will be required to report aggregated data on occurrences resolved through early resolution and conciliation to the policy committee or, if there is no policy committee, to the work place committee or health and safety representative twice per year. This internal reporting will ensure that the committees or representatives have all necessary information to conduct their responsibilities in monitoring the workplace, reviewing and updating the workplace assessment, prevention policy, training and submitting annual reports.

• Cover