Workplace bullying and harassment can have serious negative effects on both employees and employers. In Ontario, the Occupational Health and Safety Act (OHSA) sets out specific requirements for employers to prevent and address incidents of workplace bullying and harassment. In this blog post, we will provide a detailed overview of these requirements and offer some tips for employers to help prevent and address incidents of workplace bullying and harassment in their workplace.
Definition of workplace bullying and harassment under the OHSA
Under the OHSA, workplace bullying and harassment are defined as any unwanted conduct that is known or ought reasonably to be known to be offensive, embarrassing, intimidating, insulting, or threatening to an employee. This can include physical, verbal, or written abuse, as well as psychological or social harassment, such as spreading rumors or excluding someone from social events.
Employer obligations under the OHSA
Under the OHSA, employers are required to take all reasonable precautions to protect the health and safety of their employees. This includes preventing and addressing incidents of workplace bullying and harassment. Specifically, employers must:
- Develop and implement a written policy on workplace bullying and harassment, and make it available to all employees.
- Provide employees with information and instruction on the policy, and how to report incidents of workplace bullying and harassment.
- Investigate all incidents of workplace bullying and harassment, and take appropriate corrective action.
- Review and update the policy on a regular basis, and provide training to employees as necessary.
Tips for preventing and addressing incidents of workplace bullying and harassment
Preventing and addressing incidents of workplace bullying and harassment can be challenging, but there are some steps that employers can take to help:
- Create a positive and respectful work environment by setting clear expectations for behavior and treating all employees fairly and with respect.
- Encourage open communication and dialogue among employees, and make it clear that incidents of workplace bullying and harassment will not be tolerated.
- Provide regular training on workplace bullying and harassment to all employees, including supervisors and managers.
- Investigate all incidents of workplace bullying and harassment promptly and thoroughly, and take appropriate corrective action, such as counseling or discipline, as needed.
The importance of addressing workplace bullying and harassment
Addressing incidents of workplace bullying and harassment is important for a number of reasons. Firstly, it can help to prevent further incidents from occurring and protect the health and safety of employees. Secondly, it can help to maintain a positive and productive work environment, which can improve morale and productivity. Finally, addressing incidents of workplace bullying and harassment can help to prevent costly legal action, which can arise if an employee feels that their employer has not done enough to protect them from harassment.
Resources for employers on workplace bullying and harassment
There are a number of resources available to employers to help them prevent and address incidents of workplace bullying and harassment in their workplace. The MLITSD provides guidance and resources on the OHSA and workplace bullying and harassment, including sample policies and training materials. Additionally, the Ontario Human Rights Commission provides information on human rights issues, including workplace harassment, and can help employers to understand their obligations under the Ontario Human Rights Code.
Workplace bullying and harassment can have serious negative effects on both employees and employers. In Ontario, the Occupational Health and Safety Act (OHSA) sets out specific requirements for employers to prevent and address incidents of workplace bullying and harassment. By developing and implementing a written policy, providing training to employees, and taking appropriate corrective action when necessary, employers can help to prevent and address incidents of workplace bullying and harassment in their workplace.
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