February 11, 2019
COMMUNIQUÉ
Service Wide Committee on Occupational Health and Safety
The Service Wide Committee on Occupational Health and Safety (SWOHS) has recognized that there is lack of clarity surrounding Work Place Violence Investigations within Departments and Agencies specifically regarding the appointment of a competent person to carry out investigations.
Given the mandate of the SWOHS Committee, the following Communiqué has been developed to assist in better guiding Departments/Agencies and Policy Committees with respect to using the National Master Standing Offer (stream 3) in appointing an external[1] Competent Person. Departments and agencies are still welcome to propose and consider internal competent persons, whom have the knowledge, experience, and training of the potential competent persons. For additional information regarding carrying out Work Place Violence Investigations, please see the Competent Person Communique or the Frequently Asked Questions.
Introduction to the National Master Standing Offer (NMSO)
In cases where an external competent person is required, please note that Public Services and Procurement Canada (PSPC) has awarded a new NMSO for Investigative Services related to workplace violence, among other streams. You can access this list of potential competent persons via the Standing Offers and Supply Arrangements Application (SOSA App) for investigative services; including Part XX Violence investigations (stream 3).
Please note that the main page (SOSA App) only list suppliers as providing Harassment Investigations, however, the catalogue provides detailed information about each stream the supplier has qualified under. See Annex A - for the mandatory technical criteria for stream 3-Work Place Violence, the rates per diems and more, including required security clearances.
Process for Proposing an External Competent Person
If you are seeking an external competent person:
STEP 1 – Check the NMSO
Consulting the NMSO is a mandatory first step for all departments of the core public administration when engaging a competent person outside of their own department/organization or the Public Service.
STEP 2 – Do your Due Diligence
The NMSO was developed primarily to aid procurement; while there was a pre-screening done to ensure qualifications of the regulation have been met, it is the responsibility of each department to ensure the competent person has the appropriate knowledge, experience and training that meets the investigative requirements for the particular case. In accordance with Part XX, Section 20.1, of the Canada OHS Regulations (COHSR) the Policy Committee on OHS, must participate in ensuring that the competent persons proposed by the employer, are competent. For more information – please see the Competent Person Communique or the Frequently Asked Questions.
STEP 3A - Agreement of the Competent Person
The parties (employer, the complainant, and the alleged aggressor, but only if this person is also an employee) provide their agreement on the selection of the competent person including impartiality. It is strongly recommended that the CV of the proposed competent person be provided to the parties. Although the parties are not required to state why they do not agree to the competent person, it can be helpful if the parties state the nature of their disagreement of the impartiality. For example, the complainant stating they would prefer a competent person with knowledge of gender-based violence as part of the perception of impartiality.
If the NMSO meets your requirements, proceed to STEP 4.
For more information on the perception of impartiality please see the Competent Persons FAQ, particularly question 2) What does impartiality mean.
Should you be unable to find a suitable competent person on the NMSO, move forward to STEP 3B.
STEP 3B – Exemption and Propose a Competent Person Outside of the NMSO
Simply inform the designated person[2] of your department or agency who will request an exemption from the PSPC Standing Offer Authority. You must provide PSPC with a brief explanation as to why an exemption is needed. Acceptable reasons include: no agreement on perception of impartiality, insufficient knowledge, training, skills and/or experience.
STEP 4 – Appoint a Competent Person and Proceed with Investigation
Once an exemption has been granted by PSPC, continue with the investigative process.
Please remember that the competent person is required to maintain impartiality throughout the investigation.
STEP 5 – Following the Investigation, complete the Feedback Questionnaire
The Project Authority is required to complete the Feedback Questionnaire (found in the catalogue at Annex C and in the SOSA app.) The Project Authority must provide a copy of the completed Feedback Questionnaire to the Competent Person (“resource”) so they may be given an opportunity to respond in writing, or where appropriate amend any incomplete aspects of the competent person’s report. The Project Authority must then provide a copy of the Feedback Questionnaire, including the competent person’s (“resource’s”) response when applicable.
Once completed, please send the completed questionnaires to the Office of the Chief Human Resources Officer by email at isf.rse@tbs-sct.gc.ca.
The feedback questionnaire will be used as a quality assurance assessment and, in consultation with SWOHS committee, should the Office of the Chief Human Resources Officer receive negative feedback, it may recommend to PSPC the removal of the resource from the National Master Standing Offer for Investigative Services.
[1] External refers to third party competent persons outside the public service.
[2] Designated person- is the internal person(s) whom was selected to communicate directly with PSPC for NMSO exemptions. This responsibility and associated processes lies with the department and/or agency.