Sample harassment and violence prevention user guide – Delta Company

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List of abbreviations

The Code
Canada Labour Code
The Regulations
Work Place Harassment and Violence Prevention Regulations
HVP
Harassment and Violence Prevention

Purpose of this sample guide

The following user guide provides an explanation of the purpose of each section in the sample policy. It clarifies which sections of the sample policy are mandatory with accompanying references to the requirements under the Work Place Harassment and Violence Prevention Regulations (the Regulations).

Please consult this user guide before reviewing the sample policy.

Mission statement

Paragraph 10(2)(a) of the Regulations require that the workplace harassment and violence prevention policy contains a mission statement. The mission statement is about the prevention of and protection against harassment and violence in the workplace.

Application

The Government of Canada (hereafter we) recommends that the policy contains a section on the scope of the policy, such as:

  • who the policy applies to, and
  • in which context(s) the policy would apply

It is not mandatory for the policy to apply to contractors. Contractors can bring their concerns forward to their own employer.

Definition of harassment and violence

We recommend that the policy contain:

  • a section on the definition of harassment and violence as it appears in the Canada Labour Code (the Code), and
  • a list of behaviors that constitute harassment and violence

Role of employer

The Regulations require at paragraph 10(2)(b) that the policy contains a description of the role of the employer in relation to harassment and violence in the workplace.

Role of designated recipient

The Regulations require at paragraph 10(2)(b) that the policy contains a description of the role of the designated recipient in relation to harassment and violence in the workplace.

Role of policy committee, workplace committee, and health and safety representative

The Regulations require at paragraph 10(2)(b) that the policy contains a description of the roles (as applicable, in relation to harassment and violence in the workplace) of the:

These roles will depend on the number of employees in the workplace.

Role of policy committee

If you, as the employer, normally employ 300 or more employees you will be required to conduct most joint matters with the policy committee. For the purposes of the Regulations, they will act as the “applicable partner” as per section 2 of the Regulations.

The only matters that you do not conduct jointly with the policy committee are:

  • the reviews and updates of the workplace assessment under subsection 6(1), and
  • determining which recommendations from the investigator’s report you should implement under subsection 31(1) of the Regulations

However, you must conduct these matters jointly with the workplace committee or health and safety representative.

Role of workplace committee

If you, as the employer, normally employ less than 300 employees but more than 20 employees you will be required to conduct all joint matters with the workplace committee. For the purposes of the Regulations, they will act as the “applicable partner” as per section 2 of the Regulations.

Role of health and safety representative

If you, as the employer, normally employ less than 20 employees you will be required to conduct all joint matters with the health and safety representative. For the purposes of the Regulations, they will act as the “applicable partner” as per section 2 of the Regulations.

Role of employees

The Regulations require at paragraph 10(2)(b) that the policy contains a description of the role of employees in relation to harassment and violence in the workplace.

Factors that contribute to workplace harassment and violence

The Regulations require at paragraph 10(2)(c) that the policy contains a section describing the risk factors that contribute to workplace harassment and violence. This includes risk factors internal and external to the workplace. The description should be based on the risk factors that were identified when the initial workplace assessment was conducted under section 5 of the Regulations.

Training

The Regulations require at paragraph 10(2)(d) that the policy contains a summary of the training that will be provided to employees regarding workplace harassment and violence.

The training requirements that are included in this section in the sample policy are the minimum requirements under the Regulations. However, employers can choose to train employees on other elements related to harassment and violence. Such as training related to family violence and the workplace.

Outline of the resolution process

The Regulations require at paragraph 10(2)(e) that the policy contains a summary of the resolution process. This should include:

  • the name/identity of the designated recipient, and
  • the manner in which employees or witnesses can provide the employer or designated recipient with a notice of an occurrence

Conciliation

In this particular sample policy, the HVP Unit facilitates discussion around selecting a conciliator. They do this in order to assist the principal and responding party with selecting a conciliator who is agreeable to both parties. However, it is not explicitly required under the Regulations for the employer or designated recipient to be involved in discussions surrounding selecting a conciliator.

Investigation

In this particular sample policy, Delta Company has jointly developed a list of investigators with the applicable partner. This was done in accordance with 27(1)(a) of the Regulations. If you, as the employer, have not jointly developed a list of investigators, you will need to select an investigator in accordance with 27(1)(b) of the Regulations.

We recommend that the policy contains some information on possible outcomes of the resolution process. In this sample policy, the investigator’s report cannot be used for:

  • replenishment of sick leave
  • granting of any additional paid or unpaid leave, or
  • monetary remuneration for damages

However, an employer can choose to allow for these remedies if they wish to do so.

Representation

We recommend you include a section that clarifies whom a principal party and responding party may be accompanied or represented by. This may be at any time during the resolution process. For example:

  • a union member
  • friend
  • spouse
  • colleague, or
  • other person of their choosing

Protection against reprisal

We recommend that the policy contains a section on the measures the employer will take to protect parties from reprisal. This can include how an employee involved in an occurrence can submit a complaint related to reprisal from colleagues, managers, etc.

Workplace assessment

The Regulations require at paragraph 10(2)(f) that the policy contains a description of the reasons for which a review and update of the workplace assessment must be conducted under section 6(1) of the Regulations. For more information, consult the sample risk assessment.

Emergency procedures

The Regulations require at paragraph 10(2)(g) that the policy contains a summary of the emergency procedures that you must implement when:

  • an occurrence poses an immediate danger to the health and safety of an employee, or
  • there is the threat of immediate danger to the health and safety of an employee

Privacy Protection

The Regulations require at paragraph 10(2)(h) that the policy contains a description of the manner in which the employer will protect the privacy of persons who:

  • are involved in an occurrence, or
  • are in the resolution process for an occurrence under the Regulations

Recourse avenues

The Regulations require at paragraph 10(2)(i) that the policy describes any other recourse avenues that may be available to persons who are involved in an occurrence. This includes recourse under:

  • a collective agreement
  • the Canadian Human Rights Act, or
  • the Criminal Code

Support measures

The Regulations require at paragraph 10(2)(j) that the policy describes the support measures available to employees. For this section, it is sufficient to include information about support services that are available within the organization’s geographical area as per section 13 of the Regulations. These services include:

  • medical
  • psychological, and
  • other support services

Notices submitted in bad faith

We recommend that the policy contains a section on measures the employer will take if an employee submits a notice of an occurrence in bad faith.

Complaints related to employer non-compliance with the Code or Regulations

The Regulations require at paragraph 10(2)(k) that the policy includes the name of the person who can receive complaints. These complaints would be from employees who believe that their employer or designated recipient has failed to comply with the Code or Regulations when responding to a notice of an occurrence. This can be the same person that acts as the designated recipient.

Definitions

We recommend that the policy contains a section that defines any technical terms used in the policy, such as:

  • “principal party”
  • “responding party”
  • “designated recipient”
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