Work Place Harassment and Violence Prevention Regulations (Regulations) Harassment and Violence Notice of Occurrence Resolution Process

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Work Place Harassment and Violence Prevention Regulations (Regulations)

Harassment and Violence Notice of Occurrence Resolution Process*

1. Principal Party – START (The entire process being required to be completed within one year.)
2. You feel you have experienced harassment and violence in the workplace
3. Consult your designated recipient
4. Is it harassment and violence?
5. If yes, go to step 9.
6. If no, go to step 7.
7. An issue may still exist in the workplace
8. Attempt to solve the issue amicably or with the assistance of persons you feel are competent. End.
9. You provide a notice of occurrence* to your Employer or designated recipient either orally or in writing. *A witness may provide the notice of occurrence anonymously. Regulations 15(1) & (4)
10. The Employer or designated recipient must conduct an initial review of the notice of occurrence. Regulations 19(1)
11. A Notice of occurrence must contain the following information:
    1. the name of the principal party and the responding party, if known;
    2. the date of the occurrence; and
    3. a detailed description of the occurrence. Regulations 16
12. Within 7 days
13. The Employer or designated recipient must inform you:
    1. that your notice has been received or that you have been named or identified as the principal party in a notice provided by a witness, as the case may be;
    2. of the manner in which the workplace harassment and violence prevention policy is accessed;
    3. of each step of the resolution process; and
    4. that you may be represented during the resolution process. Regulations  20
14. Do you and the designated recipient agree that the occurrence does NOT meet the definition of harassment and violence? Regulations 23(3)
15. If yes, go to step 17.
16. If no, go to step 18.
17. The notice of occurrence is resolved. Regulations 32. End.
18. The employer or designated recipient contacts the responding party regarding the occurrence. Regulations 22
19. No later than 45 days after the notice of occurrence
20. CONCILIATION - You and the responding party may attempt to resolve the occurrence by conciliation if both agree to the conciliation and on a person to facilitate it. Regulations 24
21. NEGOTIATED RESOLUTION - You, the employer or designated recipient and the responding party must make every reasonable effort to resolve the occurrence. Regulations 23(1)
22. Negotiated resolution, conciliation, and investigation can run in parallel until the investigator has provided their report. The employer or designated recipient must provide you with monthly updates regarding the status of the resolution process. Regulations 25(2) & 34
23. Is the occurrence resolved?
24. If yes, go to step 17.
25. If no, go to step 26.
26. INVESTIGATION - An investigation of the occurrence must be carried out if you, the principal party, request it. Regulations 25(1)
27. The employer or designated recipient must select one of the following persons to act as the investigator:
    1. in the case where the employer and applicable partner have jointly developed or identified a list of persons who may act as an investigator, a person from that list; OR
    2. in any other case, a person that is agreed to by the employer or designated recipient, the responding party and you. Regulations 27(1)
28. Is there an agreement on the investigator within 60 days after the day on which the notice was provided?
29. If yes, go to step 33.
30. If no, go to step 31.
31. A person from among those provided by the Canadian Center for Occupational Health and Safety is appointed by the employer or designated recipient. Regulations 27(1)(b)(ii)
32. The investigator carries out their investigation.
33. The investigator provides their report to the employer that includes:
    1. a general description of the occurrence;
    2. their conclusions; and
    3. their recommendations to eliminate or minimize the risk of a similar occurrence. Regulations 30(1)
34. The employer provides the investigator’s report to you, the responding party, the workplace committee or health and safety representative and, if they were provided with the notice, the designated recipient. Regulations 30(3)
35. The employer and the workplace committee or health and safety representative jointly determine which of the recommendations set out in the report are to be implemented. Regulations 31(1)
36. Recommendations are implemented by the employer. Regulations 31(2)
37. Go to step 17.

*This is an overview to explain the process and should not be used in place of the provisions of the Regulations or any internal organizational processes or policies.