BACKGROUND
On July 1st, 2012, section 5.1(1)(a)(ii) of the Workers Compensation Act was introduced. This section provides that a worker's mental disorder is compensable under the Act where that disorder is caused by a work-related stressor, including bullying or harassment.
On November 1st, 2013, WorkSafeBC will introduce policies that require employers to prevent and address workplace bullying and harassment. Information on the new policies may be found here. The text of the policies can be found here.
WHAT STEPS MUST EMPLOYERS TAKE TO ENSURE COMPLIANCE?
The policies require employers to do the following to prevent bullying and harassment and ensure the safety and well-being of workers:
- Develop a policy statement on bullying and harassment not being acceptable or tolerated;
- Prevent or minimize workplace bullying and harassment;
- Develop and implement procedures for workers to report incidents and complaints of bullying and harassment;
- Develop and implement procedures for dealing with incidents and complaints, including investigations, follow-up, and record-keeping;
- Inform and train workers and supervisors; and
- Conduct annual reviews of policy statement and reporting procedures.
Employers should be reviewing existing policies and practices to determine if they satisfy the requirements of the new policies.
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.