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 2 LEGISLATION BRIEFING Workplace Harassment and Violence Prevention Policy Employers will be required to jointly develop and make available a prevention policy that outlines information on how their organization will address harassment and violence in their workplace. The policy must outline how an employer is to be informed of external dangers, such as family violence and stalking, that could result in harassment and violence in the workplace and the measures they may implement to minimize those dangers. Also, the policy must outline the resolution process, including the manner in which the employer will protect the privacy of the person/people involved in an occurrence. The support measures that are available to employees and the name of the person who is designated to receive the complaint. The designated recipient is defined as a person who is designated by the employer (see section 14 of the proposed regulations) to whom the notification of an occurrence may be given. Workplace assessment Employers will have to jointly conduct a workplace assessment that identifies risks of harassment and violence in the workplace. The workplace assessment should take into account the culture, conditions and activities of the work place; and any reports and records/data that are related to harassment and violence in the work place. At least every three years, the workplace assessment will need to be reviewed and updated. A workplace assessment review must also be undertaken in certain situations where the resolution process cannot proceed: When the principal party wishes to remain anonymous; When the principal party chooses to stop proceeding with the resolution process prior to an investigation being started; When the responding party is not an employee or the employer. The workplace assessment should result in preventive measures to protect the workplace from the determined risks. Emergency procedures The employer will be required to jointly develop and implement emergency procedures that are to be implemented if an occurrence of harassment and violence poses an immediate danger to the health and safety of an employee, or when there is a threat of such an occurrence happening in the workplace. The outlined procedure should be made available to all employees.

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