Workplace Violence and Harassment Prevention Policy Overview
This document presents an overview of a new approach and policy regarding the prevention of violence and harassment in the workplace, focusing on key amendments to the Canada Labour Code, consultations with stakeholders, the Agency's policy mission statement, and upcoming implementation steps. Changes effective from January 1, 2021, include new definitions, obligations for employers, resolution processes for complaints, privacy protections, and training requirements for employees.
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UNCLASSIFIED Prevention of violence and harassment in the workplace OVERVIEW OF THE NEW APPROACH AND POLICY Labour Management Consultation Committee December 9, 2020
UNCLASSIFIED Outline 1. Purpose 2. Key Amendments to the Canada Labour Code 3. Consultations 4. Key Elements of the Agency s Policy on the Prevention of Violence and Harassment in the workplace (further referenced as Policy ) 5. Policy Mission Statement 6. Next Steps and Implementation 7. What s Next 2
UNCLASSIFIED Purpose Provide an overview of upcoming changes on how complaints will be received and processed within the Agency effective January 1st 2021 as a result of Bill C-65. Inform bargaining agents on the Agency s implementation plan and key elements of the new Agency Policy on the Prevention of Violence and Harassment in the Workplace. 3
UNCLASSIFIED Key Amendments to the Canada Labour Code As of January 1st 2021: New definition of harassment and violence: any action, conduct, or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. Amends purpose of Part II to explicitly include the prevention of harassment and violence, and physical and psychological injuries and illnesses. Key obligation to develop a work place harassment and violence prevention policy and conduct work place assessments; Requirement to follow specific steps of a resolution process within specific timelines when responding to notifications of harassment and violence. Requirement to ensure that all employees receive harassment and violence prevention training. Adds privacy protections. Adds new employer obligations towards former employees. 4
UNCLASSIFIED Consultations Since Summer 2020, the Agency consulted the following internal stakeholders: 1. HR Labour Relations o Best practices to follow under the new regime 2. HR Well-being and ATIP o Brainstorm on privacy / confidentiality o Psychological risk factors surrounding violence and harassment 3. Corporate Security and Facilities o Establish emergency procedures 4. OHS Policy Committee (includes representation from all the unions) o Engage and receive support on the Policy and Agency approach to implementing the new changes The Agency also consulted with other government departments (OGDs) to leverage best practices and useful tools. 5 IMPACT ASSESSMENT AGENCY OF CANADA
UNCLASSIFIED Key Elements of the Agency s Policy The Agency will be promoting prevention and resolution at the lowest level possible which will include the possibility of conciliation between parties. The Agency will use the GoC revised standing offer and the list of approved investigators from TBS. The identified criteria for an investigator to be deemed competent will be assessed and reviewed. The Agency will act rapidly, within the regulations prescribed deadlines, as we are committed to providing a safe, healthy and respectful workplace, free from harassment and violence to all of our employees. Formal risk assessments will be conducted in all workplaces of the Agency in Winter 2021. 6 IMPACT ASSESSMENT AGENCY OF CANADA
UNCLASSIFIED Policy Mission Statement The Impact Assessment Agency of Canada (IAAC) recognizes the potential for violence and harassment in the workplace and is committed to providing a safe, healthy, violence-free and supportive work environment to all persons employed by the Agency. The Agency will not tolerate any person subjecting any employee or other person to harassing behaviour and/or violence in the workplace and will take action to protect its employees. This includes any behaviour along the continuum of inappropriate behaviours that contribute to an unhealthy work place, including, but are not limited to: Malicious teasing Bullying Abusive or disrespectful conduct such as aggressiveness, isolation, gossip, and humiliation Abuse of authority Assault (verbal or physical) Unwanted personal/romantic advances Sexual harassment and sexual violence Improper conduct linked to grounds of discrimination as set out in the Canadian Human Rights Act. Occurrences of inappropriate behaviour covered under this directive are not limited to in- person interactions, but also apply in other ways such as virtual interactions and written communication. 7
UNCLASSIFIED Next Steps and Implementation Plan Deadline Item Comments Under the previous regimes, Labour Relations Unit was responsible to receive and process complaints at the Agency. Now that the new regime falls under CLC Part II, OHS Unit would be well suited to become the Designated Recipient. Using the ESDC Labour Program, TBS and OGDs templates, the Agency drafted a Policy to meet all of the requirements under Bill C-65. Final Policy on the Prevention of Violence and Harassment in the Workplace to be approved by the OHS Policy Committee by end of December. Agency-wide discussion on the Policy to occur in January. Approved Policy will be posted on Atrium and available to all staff. Online training to employees and Designated Recipients through the Canada School of Public Service (CSPS). Existing employees to complete training by AT THE LATEST January 2022, new employees to complete training within three months of hire. Brainstorming on the concept of Designated Recipient Fall 2020 / COMPLETED Drafting a Policy on the Prevention of Violence and Harassment in the workplace Fall 2020- January 2021/ FINAL APPROVAL Winter 2021 ONGOING Mandatory training 8 IMPACT ASSESSMENT AGENCY OF CANADA
UNCLASSIFIED Next Steps and Implementation Plan (ctnd.) Deadline Item Comments In collaboration with the workplace committee or the OHS representative, the Employer must conduct a workplace assessment at each location to better assess the level of risk. Conducting a Workplace Assessment at each location where we have employees Winter 2021 This will also help to better define the risk factors at the Agency per location. On an annual basis, a report must be sent to the Labour Program of Employment and Social Development Canada (ESDC) to report on our cases of violence and harassment in the workplace. End of 2021 Reporting to the Minister of Labour 9 IMPACT ASSESSMENT AGENCY OF CANADA
UNCLASSIFIED What s Next Develop a communication plan: Atrium message to all staff with link to the Policy Targeted messages for mandatory training All-staff Spotlight session on the new Policy Final approval of the Policy by the OHS Policy Committee Roll out implementation plan 10 IMPACT ASSESSMENT AGENCY OF CANADA
QUESTIONS? COMMENTS? 11
