Violence and Harassment in the Workplace - Legislation

When are employers required to have a harassment and violence policy or program?

All jurisdictions specify elements required in harassment and violence prevention policies and programs. While there are variations between jurisdictions, there are many common elements such as:

• Defining violence and harassment. Some definitions include bullying formally
• Conducting a workplace assessment (a hazard identification and risk assessment) specific to harassment or violence
• Developing and implement preventative measures
• Developing a policy and program, implement the program, and corresponding procedures for reporting of an incident
• Developing a reporting and resolution process, including how to report an incident or occurrence
• Providing employee instruction, education, or training
• Determining procedures to ensure confidentiality and privacy
• Listing supports that are available (internally, externally)
• Requiring record keeping
• Using continual review and improvement processes to update the policy and programs
• Reporting to the jurisdiction, as necessary
• Including additional requirements for situations such as family (domestic) violence, or working late night hours in retail, gas stations, convenience stores, etc.
  

Please refer to the following OSH Answers documents for information:

• Bullying in the Workplace
• Internet Harassment or Cyberbullying
• Violence and Harassment in the Workplace
• Violence and Harassment in the Workplace – Family (Domestic) Violence
• Violence and Harassment in the Workplace – Legislation
• Violence and Harassment in the Workplace – Dealing with Negative Interactions
• Violence and Harassment in the Workplace – Parking Lot Safety
• Violence and Harassment in the Workplace – Warning Signs
• Violence and Harassment in the Workplace – Working Late

The following OSH Answer documents on Working Alone also offer more information:

• Working Alone – General
• Working Alone – Handling Money
• Working Alone – Off-site
• Working Alone – Working With Patients

What are the sources of legislation regarding harassment and violence?

Below is a table for guidance purposes that lists legislation and a general summary of elements of a harassment or violence prevention policy and program.

NOTE that other requirements may be listed in other sections, regulations, Codes, or Acts that are not listed in this table. For more details, consult the legislation directly.

Always consult the legislation that applies in your situation, and with your jurisdiction for complete information.

• Work place assessment
• Work place policy
• Training
• Response and resolution process, including investigation
• Program review
• Annual report

• Risk assessment
• Procedures and policies
• Instruction of workers
• Additional requirements for late night retail workplaces

• Violence prevention plan, policy, and procedures
• Harassment prevention plan, policy and procedures
• Response and investigation
• Includes domestic violence
• Program review
• Training
• Additional requirements for workplaces such as gas stations, other retail fuelling outlets and convenience stores

Saskatchewan Employment Act, S.S. 2013, c. S-15.1
Section 3-21, Duty re policy statement on violence and prevention plan

Occupational Health and Safety Regulations, 1996, R.R.S., c. O-1, r. 1
Section 3-25, Harassment
Section 3-26, Violence

Section 3-27, Safety measures for retail premises

• Violence policy statement and violence prevention plan at prescribed workplaces
• Harassment prevention policy (e.g., reporting, privacy, procedures, etc.)
• Implementation of policies
• Additional requirements for late night retail premises

• Harassment prevention policy
• Workplace assessment for violence
• Violence prevention policy
• Investigation and implementation of control measures
• Annual report

• Violence and harassment prevention policies
• Violence prevention program
• Assessment of risks of violence
• Domestic violence
• Duties regarding violence (e.g., provide workers with information and instruction, privacy)
• Harassment prevention program
• Duties regarding harassment (e.g., investigation, annual review, etc.)
• Information and instruction regarding harassment

Act respecting labour standards, CQLR c. N-1.1
Chapter IV, Division V.2 Psychological Harassment

Chapter V, Division II.1 Recourse Against Psychological Harassment

• Psychological harassment prevention and complaint processing policy
• Filing a psychological harassment complaint with the Commission, and the Commission’s inquiry

• Assess risk of violence
• Code of practice for violence
• Code of practice for harassment
• Implementation
• Privacy
• Training
• Review and update

• Violence risk assessment
• Prevention plan
• Prevention statement
• Provide information to employees
• Training and supervision for employees
• Duty to report violence incidents
• Documentation, investigation, actions to prevent reoccurrence
• Debriefing individuals involved

• Risk assessment
• Informing workers
• Confidentiality
• Policies, programs, and work environment arrangements to eliminate or minimize risk of violence
• Policy to prevent and investigate harassment
• Investigation of incidents

• Risk assessment
• Procedures, programs, and work environment arrangements to eliminate or minimize risk of violence
• Family violence
• Instruction to workers
• Harassment prevention plan
• Training (harassment prevention)

• Hazard assessment
• Policy statements and procedures for preventing violence and harassment
• Worker training
• Incident investigation
• Domestic violence

• Harassment prevention policy
• Violence prevention policy
• Identify and eliminate or reduce risks
• Procedure for receiving and responding to harassment or violence complaints
• Training for preventing and responding to potentially violent situations
• Additional requirements for late night premises

• Harassment prevention policy
• Violence prevention policy
• Identify and eliminate or reduce risks
• Procedure for receiving and responding to harassment or violence complaints
• Training for preventing and responding to potentially violent situations
• Additional requirements for late night premises

• Fact sheet last revised: 2022-12-16

Disclaimer

Although every effort is made to ensure the accuracy, currency and completeness of the information, CCOHS does not guarantee, warrant, represent or undertake that the information provided is correct, accurate or current. CCOHS is not liable for any loss, claim, or demand arising directly or indirectly from any use or reliance upon the information.

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