Module 5: Prevention of Harassment and Violence in the Workplace

Everyone should be aware of the importance of preventing harassment and violence, and ensuring a safe, healthy and respectful workplace.

In this module, you will learn about the provisions on harassment and violence in the Canada Labour Code, Part II. You will also learn about what constitutes harassment and violence, and what a prevention policy should include. This module covers how incidents of harassment and violence must be reported and addressed, including what assistance is available and how investigations are to be conducted. The module concludes with the roles and responsibilities that everyone is tasked with in order to prevent harassment and violence in the workplace.

By the Joint Learning Program

Topics include:

• What is harassment and violence in the workplace?
• Quiz: 3 questions
• Going further than that…

Module 5: Prevention of Harassment and Violence in the Workplace

The Canada Labour Code, Part II, and the regulations require that employers provide a safe and healthy workplace that is free from harassment and violence. Employers are responsible for preventing and protecting against harassment and violence in the workplace and must address any incidents of harassment and violence that are reported to them. In the federal public service, deputy heads are accountable for the employer’s responsibility.

In 2018, the Canada Labour Code, Part II, was amended to strengthen the existing framework for preventing harassment and violence, including sexual harassment and sexual violence, in federally regulated workplaces.

What is harassment and violence in the workplace?

The Canada Labour Code, Part II, defines harassment and violence as:

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.

This definition includes all types of harassment and violence, including sexual harassment, sexual violence and domestic violence. Harassment and violence can include aggressive behaviour, verbal or written threats, bullying, teasing, abusive behaviour or physical attacks.

To support the amendment of the Canada Labour Code, the Work Place Harassment and Violence Prevention Regulations were created to streamline the provisions covering harassment and violence in the workplace and make it easier for employers and employees to identify their rights and duties.

The Treasury Board of Canada Secretariat, in consultation with bargaining agents, developed a new Directive on the Prevention and Resolution of Workplace Harassment and Violence.

The directive aims to:

• Provide a healthy, safe and respectful workplace that is free from all forms of harassment and violence;
• Ensure that incidents of workplace harassment and violence are addressed promptly, sensitively, fairly and with an emphasis on informal, early resolution; and
• Ensure that support services, such as an ombudsperson-type function and an employee assistance program, are in place and that they provide information on medical, psychological or other support services.

Policy to prevent harassment and violence in the workplace

A policy has been written and approved in consultation with the applicable partner (i.e., policy health and safety committee, workplace health and safety committee or health and safety representative). This policy identifies the requirements in the legislation and the specific roles and responsibilities of parties, such as the employer, employees or applicable partner, to prevent harassment and violence. Your department’s[1] policy to prevent harassment and violence in the workplace can be found at [insert the link from your department].

Identification of risk factors that contribute to workplace harassment and violence, assessment and development of controls

Your supervisor is responsible for conducting a workplace assessment to determine if there is a potential for an incident of harassment or violence. Once an assessment has been carried out, your supervisor shall implement controls to prevent an incident of harassment or violence from occurring.

Procedures shall be developed to respond to an incident of harassment or violence in the workplace that is an emergency (a situation that poses an immediate risk to the health and safety of employees) or a non-emergency (a situation that does not pose an immediate risk to the health and safety of employees).

The employer shall review the preventive measures that have been put in place.

Notification and investigation

You are to notify your supervisor immediately if you witness an incident of harassment or violence, even if you are not involved. Management is responsible for trying to resolve issues between employees. If management does not successfully resolve the issue, they shall inform [insert your department’s section in charge; for example, the Regional Manager of Occupational Health and Safety or Labour Relations or the Departmental Security Officer] so that an investigation may be carried out.

An investigation of an incident of harassment or violence shall stay within the intent of the legislation. The results of the investigation will not determine guilt or innocence, but they will determine whether management complied with the legislation.

If the incident of violence is external to the workplace or is an assault, management shall notify local police.

If you witness an incident of violence, you are to report it immediately to your supervisor even if you are not involved. It is the supervisor’s responsibility to ensure that the incident is investigated and resolved. If an injury occurs and medical assistance or first aid treatment is required, a departmental Hazardous Occurrence Investigation Report form shall be completed by the investigator or supervisor.

Assistance after an incident of harassment or violence

After an incident of harassment or violence in the workplace, you may require support (e.g., critical incident stress management or post-traumatic incident counselling) or medical treatment. Employees may access the Employee Assistance Program (EAP) at any time at [insert EAP contact information]. An employee who is injured as a result of an incident of violence in the workplace should seek treatment from a health care provider.

The [insert your department’s name] policy to prevent harassment and violence in the workplace sets out roles and responsibilities as follows:

The Deputy Minister or Assistant Deputy Minister [insert your department branch’s name] is responsible for ensuring that a departmental program and policy to prevent harassment and violence are in place and maintained, and for providing training and monitoring of the program.

The Director [insert your department section’s name; for example, Safety, Security and Emergency Management, National Manager of Occupational Health and Safety, or Regional Officer of Safety, Security and Emergency Services] is responsible for maintaining the prevention of harassment and violence program, and for providing training, security and investigation services.

Managers and supervisors are responsible for:

• Promoting a harassment- and violence-free workplace;
• Ensuring compliance with the policy to prevent harassment and violence;
• Ensuring workplaces are assessed for the potential of harassment or violence;
• Taking all necessary steps to prevent harassment and violence in the workplace;
• Attempting to resolve any incidents between employees.

If they are unable to resolve an incident, they are responsible for contacting Labour Relations and the [insert your department’s section in charge; for example, the Regional Manager of Occupational Health and Safety or the Departmental Security Officer], and ensuring that employees who have experienced an incident of violence are provided with assistance.

Employees are required to:

• Treat everyone in the workplace in a professional manner and with respect and dignity, in accordance with the values and ethics code;
• Report all incidents of harassment or violence, experienced or observed, to their supervisor, manager or director;
• Cooperate in all investigations and in the resolution of matters involving workplace harassment or violence.

Quiz – Module 5: Prevention of Harassment and Violence in the Workplace

1. What is harassment and violence in the workplace?
   1. Harassment and violence in the workplace is 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
   2. Violence can include aggressive behaviour, verbal or written threats, bullying, teasing, abusive behaviour or physical attacks
   3. All of the above
2. What are your supervisor’s responsibilities with regard to harassment and violence in the workplace?
   1. Conduct an assessment to determine if there is a potential for violence in the workplace
   2. Address any incidents of harassment or violence in the workplace
   3. Put procedures in place to prevent incidents of harassment or violence
   4. Put emergency procedures in place to respond to an incident of harassment or violence
   5. All of the above
3. Identify the responsibilities that you have with regard to the prevention of harassment and violence in the workplace.
   1. Report all incidents of harassment or violence, even if they don’t involve me
   2. Cooperate with any investigation as a result of an incident of harassment or violence
   3. Read all the procedures for preventing violence
   4. Follow all the procedures in response to an incident of violence
   5. All of the above

Module 5: Going further than that…

You are invited to enhance your skills and knowledge by consulting the following.

Courses by the Canada School of Public Service

• Harassment and Violence Prevention for Employees (W101)
• Harassment and Violence Prevention for Managers and Committees/Representatives (W102)
• Harassment and Violence Prevention for Designated Recipients and Employers (W103)
• Values and Ethics Foundations for Employees (C255)
• Security Awareness (A230), Module 10: Safety and Security of Employees

Joint Learning Program Workshop

• Preventing Harassment and Violence in the Workplace

Link to a Reference Document

• Prevention and Resolution of Harassment (GCintranet)

Publications from the Labour Program

• Harassment and sexual violence in the workplace – Public consultations: What we heard
• Psychological Health in the Workplace
• Workplace Harassment and Violence Prevention Regulations – What We Heard
• Work Place Harassment and Violence Prevention Regulations
• Canada Occupational Health and Safety Regulations

 

[1] In this training package, “department” is generally used to refer to federal departments and agencies.