Workplace Harassment and Violence Prevention Regulations: Enforcement Overview
Learn about the enforcement mechanisms and challenges faced in implementing workplace harassment and violence prevention regulations at the federal level, including the role of dedicated teams, regional enforcement efforts, and lessons learned.
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Presentation Transcript
Enforcement of the Work Place Harassment and Violence Prevention Regulations Federal Jurisdiction
Outline 1. Harassment and Violence Prevention Hub a. Dedicated team b. Training c. Challenges 2. Regional Enforcement a) Education/promotional activities b) Compliance policy c) Challenges 3. Lessons learned/What we heard 2
Harassment and Violence Hub (HUB) The HUB has a service standard objective to return 90% of calls within one business day- between April 2021 and September 2021 (YTD)- it has reached 100% of its target For the previous fiscal year (April 1, 2020 March 31, 2021) HUB EROs received 1279 inquiries. Of these inquiries, 1022 cases were initiated. For the current fiscal year (April 1, 2021- September 2021) HUB EROs received 819 inquiries. Of these inquiries, 673 cases were initiated. Most cases originated from the Ontario region (36%), followed by Quebec (29%), and the Northwest Territories (20%). Cases by industry breakdown shows that most cases were initiated in the road transport trucking sector (17%), followed by Frist Nations (12%), the Federal Public Service (10%), Air Transport (5%), and Postal Service (5%). Since 2018 and up to October 29, 2021, HUB EROs have spent over 3757 hours counselling clients on the former Part XX Violence in the Workplace Regulations and 1131 hours on the new legislation. 3
Harassment and Violence Hub (HUB) HUB operations are supported by a dedicated team of 6 Early Resolution Officers (ERO) and a manager. They have received specific training recognizing the complexity of the topic, such as how to handle difficult conversations. EROs provide information specific to the Harassment and Violence Regulations to callers. When a caller wishes to file a complaint, EROs: Validate if the caller is covered under federal jurisdiction; If no: they share provincial resources If yes: they send the form to be completed Send the completed complaint form to the applicable region for investigation. 4
Harassment and Violence Hub - Challenges Call volume variance Some periods can be slower, we are evaluating the potential to cross train EROs to be able to respond to more general enquiries. High turnover rate in EROs Difficult conversations, mental stress Requirement for bilinguism Entry-level position in the organisation and in government 5
Regional Enforcement All regional officers are responsible for enforcing Harassment and Violence prevention Regulations; Educational activities H&V prevention is covered in all promotional and educational activities, to raise awareness and inform employers and employees of their duties and rights. Compliance policy As with all requirements in legislation, the approach is to obtain volutary compliance as much as possible; When necessary, if the process set forth in the Regulation is not followed, officers will direct employers to take action; 6
Regional Enforcement - Challenges Once a complaint in received in the region, an officer is assigned to investigate; Officers have caseloads comprising of various types of activities, some that take precedence over complaint investigation, including: Investigations into Refusals to Work (where an employees alleges they are exposed to a danger in their workplace); Investigations into fatalities or serious accidents; This variety of responsibilities can create delays in the treatment of files: In 2020-21 FY, 286 complaints were received, 161 were finalized, needing in average 65 calendar days and 14 hours of work to complete. Considering the Labour Program has around 95 officers, this represents 3 investigations per officer. However, given the regional differences, some regions experienced a higher ratio of investigations per officer. 7
Lessons Learned What We Heard Complainants often expect the Labour Program to investigate their allegations of H&V, whereas our Regulations focus on the process that must be followed by employers and employees; After describing their allegations to the ERO in the HUB, clients can be distressed when they must interact with regional officers and have to re- explain difficult situations/experiences. 8
Links Compliance policy https://www.canada.ca/en/employment-social-development/services/health- safety/compliance.html Harassment and violence guide (IPG) https://www.canada.ca/en/employment-social-development/programs/laws- regulations/labour/interpretations-policies/104-harassment-violence- prevention.html 9
