February 2024 - Workplace Violence, Discrimination and Harassment

What is Workplace Harassment

Workplace harassment is defined in the OHSA as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" and includes workplace sexual harassment [subsection 1(1)].

The comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months or years). However, there may be a situation where the conduct happens only once, such as an unwelcome sexual solicitation from a manager or employer.

Workplace harassment can include unwelcome and/or repeated words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviour that intimidates, isolates or even discriminates against a worker or group of workers in the workplace that are unwelcome.

This definition of workplace harassment is broad enough to include harassment prohibited under Ontario's Human Rights Code, as well as what is often called "psychological harassment" or "personal harassment."

Workplace harassment does not include a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace.

 - OH&S Act 2024 - 

Workplace Violence

Workplace violence is defined in the OHSA as:

• the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
• an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
• a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker [subsection 1(1)].

This definition of workplace violence is broad enough to include acts that would constitute offences under Canada's Criminal Code.

Workplace Discrimination

The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

The right to “equal treatment with respect to employment” covers every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.

So...

Who is responsible for the resolution of conflicts that arise in the workplace? 

Historically, it was always a "Human Resource" issue and HR dealt with it.  But wait a minute, two of the above quotes are straight out of the Occupational Health and Safety Act; the "Green Book".  Should that not make it a "health & safety" issue?  After-all, WVD&H can have an adverse effect on one's mental health which could in turn affect the physical safety of that individual or their peers.

Today, some companies have left it as an HR initiative to deal with while others have moved responsibility over to the EHS department and then there are those that have amalgamated the responsibility between the two.

Regardless of who manages it in today's climate, it seems certain that the associated risks and hazards are very poorly managed.