WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is considering proposed amendments to the Occupational Health and Safety Regulation (OHSR) dealing with harassment, violence, and psychological health and safety.

Workplace Harassment

The proposed amendments will include a new definition for harassment, which will be defined to mean “an action, including but not limited to an action of a sexual nature or an action that targets or is based on legally protected personal characteristics, that:

• is directed against a worker;
• occurs in the workplace or is work-related; and
• can reasonably be expected to be intimidating, humiliating, or otherwise offensive to the worker.”

The new proposed definition of harassment introduces the following four changes as compared to the current definition:

• The new definition will expressly reference human rights protected characteristics.
• The new definition will expressly include conduct of a sexual nature.
• The new definition will add “offensive” to the nature of proscribed conduct beyond that which can reasonably be expected to be intimidating or humiliating.
• The reference to “inappropriate conduct or conduct” in the current definition will be removed.

Harassment will continue to exclude any good faith actions taken by an employer in respect of the management of the workplace or a worker.

Employers will also be required to develop a harassment prevention program, which includes written policies and procedures for dealing with harassment, and educating and training workers on risks of harassment and how to deal with it in the workplace.

Workplace Violence

The current definition of workplace violence in the OHSR contemplates only workplace violence perpetrated by non-workers and does not address workplace violence by and between coworkers, which is currently captured under a different section of the OHSR relating to “improper activity or behaviour.”

The proposed amendments will include a new definition for violence which will be defined to mean “any action, including but not limited to an action of a sexual nature, that occurs in the workplace or is work-related and consists of one or both of the following:

• The application of physical force against a worker that could cause injury.
• A threatening statement or behaviour that can reasonably be expected to give a worker cause to believe that the worker is at risk of injury.”

The new proposed definition of violence will not differentiate between violence as it relates to workers and non-workers. It will replace the current, split definition in the OHSR. It has also been expanded to include conduct of a sexual nature.

Employers will also be required to develop a violence prevention program which includes identifying conditions and activities that could expose workers to violence, eliminating or minimizing the risk of violence by implementing and reviewing control measures, developing policy and procedures, educating and training workers, and recording incidents of violence.

Psychological Health and Safety

The proposed new amendments also include requirements for employers to identify, assess, and control psychosocial hazards.

The proposed amendments define psychosocial hazard to mean a workplace or work-related hazard that could expose a worker to the risk of psychological injury, including a hazard that arises from one or more of the following:

• traumatic circumstances and events to which workers could be exposed during the course of their work;
• the design and management of work;
• the physical workplace environment; and
• equipment in the workplace.

If implemented, employers would be required to consult with employees to develop policies and procedures to identify, assess and reduce the risks relating to psychosocial hazards, complete annual reviews, and provide related training to workers.

Conclusion

WorkSafeBC recently concluded its public consultation phase, during which it solicited feedback from interested stakeholders. If these amendments are adopted in their current form, most B.C. employers will be required to update their existing workplace violence and harassment policies and procedures. We will continue to monitor the proposed amendments as they progress and their potential implications for employers going forward.