Workplace harassment: Why HR needs to reassess their policies in 2022

As employers and employees alike look forward to a return (in some form) to the office, HR leaders are set on re-evaluating their workplace policies. Canada has operated under a remote working model for two years now, with employees turning their own homes into personal offices. As such, we’re a bit out of step when it comes to office etiquette – in particular the toxic rise of workplace harassment.

HRD spoke with Catherine Bergeron, health and safety team lead at Peninsula Canada, who revealed what constitutes workplace harassment and how employers should look at enhancing and improving upon current guidelines.

“Workplace harassment is defined as a either a single or repeated incident of unwelcomed comments, actions or bullying that is intended to intimidate, offend, degrade, or humiliate a particular person or group,” Bergeron told HRD. “This is an issue that must be taken seriously as it can create an unhealthy work environment that can result in psychological harm to the individual.

“It’s important to note that, workplace harassment doesn’t include any reasonable conduct of an employer related to the normal management of workers or a work site. A minor disagreement between co-workers is not generally considered to be workplace harassment.”

In any suspected case of harassment, HR leaders should first consult Ontario’s Occupational Health and Safety Act (OHS) national guidelines. These policies set out duties for the health and safety of all employees in the workplace – including requirements for violence and harassment in the organization.

“One of the main purposes of OHS is to help create a strong Internal Responsibility System (IRS) in the workplace,” added Bergeron. “This means that everyone at the workplace has a role to play to ensure the workplace is safe and healthy. One of the main responsibilities under this act is to report a situation to the employer and in turn the employer is required to address the situation.”

Under the OSH Act, every employer in Ontario must prepare and review a policy on workplace violence, annually regardless of the number of employees. If there are fewer than six employees then the policy can be a verbal policy, however, if there are six or more employees the policy must be in writing.

According to Bergeron, the organization policy should;

• Show an employer’s commitment to protecting workers from workplace violence
• Address violence from all possible sources (for example clients and customers)
• Clearly outline the roles and responsibilities of everyone within the workplace
• Must be dated and signed by the highest level of management such as the president of the company or CEO

So, if an HR leader suspects that an employee is suffering harassment or violence in the workplace, how should they act?

“An HR leader can combat violence by building capacity across their organization through training and policy,” Harmy Mendoza, executive director of WomanACT, told HRD in a previous interview.

“From our experience, training can increase awareness as well as provide employees with skills on how to be an active bystander. HR leaders can also ensure that policies that prevent and respond to workplace violence are not just in place but are relevant and accessible for employees. A workplace safety survey or audit is another great tool that HR leaders can use to better understand the current culture of their workplace.”