Workplace violence can take many forms and the cost can be significant. For employees, it can have an emotional and financial toll. For employers, it can result in increased insurance and legal claims, high staff turnover, and property damage. Efforts have been made at both the federal and provincial levels to reduce the incidence of violence in the workplace. This article will provide an overview of those efforts with specific reference to the recent amendments to The Saskatchewan Employment Act ("SEA").
On January 1, 2021, the Canadian government enacted the Work Place Harassment and Violence Prevention Regulations and legislation (Bill C-65 (42-1)), which amended Part II of the Canada Labour Code.1 The Regulations apply to federally regulated employees, and focus on improving prevention efforts; mandating supervisor response times when notified of a violent incident; mandatory harassment and violence prevention training programs; and more robust requirements around privacy and confidentiality.
At a provincial level, an employer's workplace violence obligations vary across jurisdictions but typically include an obligation to identify and assess the risk of workplace violence, to develop workplace violence policies and procedures, to provide violence prevention training to the workforce and to investigate incidents of workplace violence.2
SASKATCHEWAN
As of May 17, 2024, all provincially regulated workplaces within Saskatchewan are required to implement a violence policy and prevention plan.3 Section 3-26 of The Occupational Health and Safety Regulations, 2020 defines "violence" as "the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury."
The amendment specifically requires all Saskatchewan employers to implement a Violence Prevention Policy and Plan that includes:
- a commitment to minimize or eliminate the risk of violence, and a plan setting out the actions the employer will take to achieve this;
- a commitment to review the policy and plan every three years;
- identification of the worksite(s) and staff positions where violence and exposure to violence is likely to occur, and the requirement to inform workers about the nature and risk of violence at their place of employment;
- step by step procedural instructions on how to report a violent incident to the employer;
- the procedures the employer will follow to investigate violent incidents;
- a recommendation that workers who have been exposed to violent incidents obtain a referral for counselling and/or consult a physician for treatment; and
- an obligation on the employer to establish a training program that includes training on the above requirements.
The amendment is intended to expand protection for workers, which also now includes students, volunteers and contract workers who provide services to an employer. Drafting the policy is intended to be a reflective exercise that requires an analysis of the subjective risks that are faced within that workplace. For this reason, the amendment requires an employer to consult with the Occupational Health and Safety Committee ("OHSC") or Representative, or workers where no OHSC exists, when developing and implementing the policy and plan. Particular attention must be placed on identifying, controlling and mitigating the identified risks, and putting in place preventative measures and practices that reduce and eliminate those risks.
Footnotes
1. Canada Labour Code, RSC 1985, c. L-2; Work Place Harassment and ViolencePrevention Regulations, SOR/2020-130
2. For information about the specific obligations in your jurisdiction, please reach out to a member of Miller Thomson's Labour & Employment Team.
3. The Saskatchewan Employment Act, SS 2013, c. S-15.1, s. 3-21; The Occupational Health and Safety Regulations, 2020, RRS c. S-15.1, Reg. 10. The amendments came into force May 17, 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.