Understanding Ontario’s Requirements for Workplace Harassment Policies: What Employers Need to Know
Q: When do Ontario employers need a written workplace harassment policy and what should employers worry about when it comes workplace harassment?
A: Under Ontario law, if there are more than five (5) employees in a workplace, then generally employers will have to under the Occupational Health and Safety Act (“OHSA”):
- prepare a policy with respect to workplace violence;
- prepare a policy with respect to workplace harassment; and
- review the policies as often as is necessary, but at least annually.
The requirements under OHSA are, indeed, pretty far-reaching. For example, “employer” is broadly defined and includes contractors and sub-contractors. “Workplace” is too. The various forms of “harassment” are extremely broadly defined as well.
The policies employers are required to have must be in writing and have to be posted in a conspicuous manner in the workplace, physically or electronically.
There are a host of other important duties employers and supervisors have as well. For example, employers need to be aware that they have a duty to investigate harassment complaints (formal or informal) in a rigorous way with mandated procedural safeguards being part and parcel of the investigation. If not the Ministry of Labour will order it. Often an outside expert will need to come in to do the investigation.
Employer should also keep in mind they have a duty not to punish workers seeking to inquire about, or who have sought to enforce, their rights under OHSA.
Finally, workers also have protections under human rights laws with regard to specific forms of harassment (e.g. sexual harassment, or unwelcome comments about a disability, etc.)
If you are an employer or worker looking for advice about harassment or other workplace issues please contact me.
This article was originally published by The Hamilton Spectator.
