Despite progress in raising employment and health and safety standards in Canada, too many people continue to experience harassment and violence at work. Workplace harassment and violence impact over 70% of employees in Canada (Source: Western University, the University of Toronto, and the Canadian Labour Congress, URL: https://www.cbc.ca/news/canada/london/workplace-harassment-and-violence-impacts-over-70-of-employees-in-canada-study-shows-1.6401673). As a nation that is deeply committed to the well-being of its citizens, Canada has established a comprehensive framework to ensure the safety and security of workers in all industries.
WORKPLACE VIOLENCE & HARASSMENT DEFINITION
What is Workplace Violence and Harassment?
According to Part II of the Canada Labour Code (the Code), harassment and violence means “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.”(Source: Government of Canada, Canada Labour Code, URL: https://laws-lois.justice.gc.ca/eng/acts/L-2/page-1.html). This includes all types of harassment and violence, including sexual harassment, sexual violence and domestic violence. The following is a non-exhaustive list:
- aggressive or threatening behaviour, including verbal threats or abuse
- physical assault
- spreading malicious rumours or gossip about an individual or a group
- socially excluding or isolating someone
- damaging, hiding or stealing someone’s personal belongings or work equipment
- persistently criticizing, undermining, belittling, demeaning or ridiculing someone
- swearing at someone or using inappropriate language toward them
(Source: Government of Canada, Requirements for employers to prevent harassment and violence in federally regulated workplaces, URL: https://www.canada.ca/en/employment-social-development/programs/workplace-health-safety/harassment-violence-prevention.html)
Which are the main types of workplace violence & harassment ?
- Type 1: Criminal Intent – This type of violence is committed by individuals who have no connection to the workplace and who may be motivated by robbery or other criminal activity. Examples include armed robbery and trespassing.
- Type 2: Customer/Client – This type of violence is committed by customers, clients, patients, or students. Examples include verbal abuse, physical assault, and sexual harassment.
- Type 3: Co-Worker – This type of violence is committed by current or former employees. Examples include bullying, harassment, threats, and physical assault.
- Type 4: Personal Relationship – This type of violence is committed by individuals with a personal relationship with an employee, such as a domestic partner or family member. Examples include stalking, physical assault, and homicide.
Which are the main hazards?
The main hazards associated with workplace violence include:
- Physical Hazards – Physical hazards refer to any potential harm that may result from physical violence, such as cuts, bruises, broken bones, or even death.
- Psychological Hazards – Psychological hazards refer to the emotional and psychological harm that may result from workplace violence. Examples include anxiety, depression, post-traumatic stress disorder (PTSD), and even suicide.
- Occupational Hazards – Occupational hazards refer to the impact of workplace violence on the employee’s ability to perform their job. Examples include absenteeism, reduced productivity, and increased staff turnover.
- Organizational Hazards – Organizational hazards refer to the impact of workplace violence on the employer’s reputation, financial stability, and legal liabilities. Examples include lawsuits, loss of revenue, and damage to brand image.
WORKPLACE VIOLENCE & HARASSMENT LEGISLATION
Workplace violence and harassment is a serious issue in Canada that affects workers in all industries. In response, the federal government has implemented legislation to protect workers and prevent incidents of workplace violence and harassment. In this article, we will explore the federal workplace violence and harassment legislation and what you need to know as an employer or employee.
What is federal legislation?
The federal workplace violence and harassment legislation is the Canada Labour Code, Part II. This legislation applies to federally regulated workplaces, including industries such as banking, telecommunications, and interprovincial transportation.
This legislation aims to prevent workplace violence and harassment, protect workers from harm, and ensure that employers have policies and procedures in place to address incidents.(Source: Government of Canada, Canada Labour Code, URL: https://laws-lois.justice.gc.ca/eng/acts/L-2/page-1.html).
What is Bill C-65 (42-1)?
Bill C-65 (42-1) came into force on January 1, 2021 and is an Act to amend the Canada Labour Code (CLC) Part II and now refers to the Work Place Harassment and Violence Prevention Regulations. The Regulations introduced a number of amendments to strengthen the existing framework for harassment and violence prevention. This includes sexual harassment and sexual violence, discrimination as well as family violence, in federally regulated industries and workplaces.
(Source: Government of Canada, Workplace harassment and violence prevention regulations, URL: https://www.canada.ca/en/department-national-defence/services/benefits-military/conflict-misconduct/new-workplace-harassment-and-violence-prevention-regulations-for-defence-team-public-servants-bill-c65/bill-c-65-42-1-questions-answers.html#toc0)
Starting from January 1 2021, employers are required by law to launch a third-party probe into the misconduct complaint and to follow recommendations of the investigator thereafter. They are also required to:
Part IV of the Code also establishes the penalty system: employers who fail to comply with the new occupational health and safety or labour standards could be fined up to $250,000.
Penalties will be calculated based on the type of violation and size of the business, and will factor in any previous penalties for violations of the same or higher classification, the government said.
What is provincial and territorial legislation?
In addition to the federal workplace violence and harassment legislation, each province and territory in Canada has its own laws and regulations that govern workplace safety and health. In this article, we will explore the provincial and territorial workplace violence and harassment legislation and what you need to know as an employer or employee.
In Alberta, workplace violence and harassment is regulated under the Occupational Health and Safety (OHS) Act and OHS Code. Employers are required to have policies and procedures in place to prevent and address incidents of workplace violence and harassment.
In Ontario, workplace violence and harassment is regulated under the Occupational Health and Safety Act and Workplace Safety and Insurance Act. Employers are required to have policies and procedures in place to prevent and address incidents of workplace violence and harassment.
WORKPLACE VIOLENCE & HARASSMENT TRAINING
What is Workplace Violence & Harassment training?
Workplace violence and harassment training is a program designed to educate employees and employers on the risks and impacts of workplace violence and harassment, as well as strategies for prevention and response. Workplace violence and harassment can have serious physical and psychological impacts on victims, as well as significant financial and reputational costs for employers. Training is critical for preventing incidents of workplace violence and harassment and mitigating their impact when they do occur.
Who is responsible for Workplace Violence & Harassment training?
Employers have a legal obligation to provide a safe and healthy work environment for their employees. This includes protecting employees from workplace violence and harassment. Employers must take reasonable steps to prevent workplace violence and harassment, and to respond effectively when incidents do occur.
One of the key steps that employers can take to prevent workplace violence and harassment is to provide their employees with appropriate training. This training should cover the risks and impacts of workplace violence and harassment, prevention strategies, incident reporting and response procedures, and available resources and support for victims.
Who needs Workplace Violence & Harassment training?
All employees in Canada should receive workplace violence and harassment training. This includes full-time, part-time, temporary, and contract employees, as well as volunteers, interns, and students who work on site.
All industries in Canada should provide workplace violence and harassment training to their employees. However, certain industries may have a higher risk of workplace violence and harassment than others. Here are some examples of industries that may require additional workplace violence and harassment prevention measures and training:
The Canadian Centre for Occupational Health and Safety (CCOHS) recommends that workplace violence and harassment training be provided to employees during orientation and on an ongoing basis. New employees should receive training within the first few days of their employment, and all employees should receive refresher training at least once a year.
Can you do Workplace Violence & Harassment training online?
This course requires only theoretical training and evaluation, making it suitable for both classroom and online formats. Online training adheres to the same standards as classroom training, ensuring that it is recognized and accepted. In fact, online training can be more convenient and efficient, as it eliminates the need for in-person attendance and allows for flexible scheduling.
Moreover, the Ministry of Labour often imposes certain requirements on classroom training, such as a minimum duration of 8 hours, which may not always be necessary for the content being covered. Online training can be more efficient in this regard, as a well-designed 2-hour course can effectively cover all the necessary material.
Additionally, online training can be a more cost-effective option for employers compared to organizing in-person classroom sessions.
However, keep in mind that employers are responsible for selecting the appropriate level of training for their workplace, so it’s essential to check with your employer to ensure they accept online training for this purpose.
Where can you purchase Workplace Violence & Harassment online training?
In today’s fast-paced society, online courses have become the cheapest and most convenient solution to get your Training done. There are many methods and providers Workplace Violence & Harassment training. With any training, it is essential to select a high-quality education provider and one that will provide the most value (best information retention in employees) for the time and money.
Ensuring your program materials are always up to date is also extremely important as the amount of health and safety regulations and enforcement is steadily increasing and constantly updating.
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WORKPLACE VIOLENCE & HARASSMENT CERTIFICATE
What do you need to learn?
Workplace violence and harassment training should cover a range of topics to ensure that employees are informed and prepared to prevent and respond to incidents of workplace violence and harassment. Some of the topics that should be covered in the course include:
How long is the certificate valid?
The standard of training expiration date is 3 years. However, it is recommended that employees receive regular training on this topic, typically on an annual basis, to ensure that they are up-to-date on the latest policies and procedures, and that they are able to recognize and respond to potential incidents of workplace violence and harassment. Regular training can also help to reinforce the importance of preventing workplace violence and harassment, and help to create a culture of respect and safety in the workplace.
How will I receive my training certificate with eSafetyFirst?
The certificate will be automatically available for printing once you complete the course and pass the quiz with a score of 80% or higher.
All our courses will come with a PDF certificate at the end of the program.
This PDF file will have two pages: a standard certificate and a wallet-size training record.
The employer should store certificates, while the employee should carry their wallet cards at all times during work.
Students who prefer to receive wallet cards in a physical format can request and purchase a physical wallet card from eSafetyFirst. This optional item is not included in the course price and will cost an additional $10 for printing and shipping.
If you do not have the time to make your laminated wallet card, you may find it rather convenient to order this card directly from us.
How can I find my certificate if I lost it?
In most cases, this question is addressed to us by individuals who took their training with a different company. As a private company, we can only store and access our customers’ data. Therefore, if you did your training with another company, you need to contact them to receive a copy of your certificate.
If you are a customer of eSafetyFirst.com, then all you have to do is to Login to your account, and you can, at any time, download a copy of the certificate you received from us.
CONCLUSION
Workplace Violence & Harassment is a serious issue that can have a significant impact on both employees and organizations. Legislation at the federal and provincial/territorial levels sets out requirements for preventing and addressing incidents of workplace violence and harassment, including the need for training.
By providing regular training on this topic, employers can help to create a safer and more respectful workplace culture, and ensure that their employees are prepared to prevent and respond to potential incidents of workplace violence and harassment.