Bullying and HarassmentOHS Prevention

Presented by: Alex BoothOctober 1, 2013

Employers’ Advisers Office

• Advice• Assistance• Education• Representation • No cost service

WorkSafeBC Definition of Bullying & Harassment

• Includes any inappropriate conduct or comment by a person towards a work that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but…

Definition of Bullying & Harassment

Excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

Workers Compensation Act, Part 3• General health and safety obligations of workplace

parties include prevention of bullying and harassment:

• Section 115 – Employer Obligations • Section 116 – Worker Obligations• Section 117 – Supervisor Obligations

Concurrent Obligations

•Discriminatory Actions under WCA•Human Rights•Labour Relations•Court System – wrongful dismissal cases

Policy D3-115-2 Employer Duties

• Reasonable steps must be taken to address the hazard

• How? What does compliance look like?

Policy D3-115-2 Employer Duties

• Policy Statement• Prevent/Minimize Bullying and

Harassment• Procedures – Reporting/Investigating• Training – Supervisors and Workers• Annual Review of Policy and Procedures

Policy D3-116-1 Worker Duties

• Not to engage in bullying and harassment• Report if observed or experienced• Comply with employer’s policies/procedures

Policy D3-117-2 Supervisor Duties

• Not to engage in bullying and harassment• Comply with employer’s policies/procedures• Investigating and taking corrective action

Policy Statement

•Complimentary to OSH Program Policy•Zero tolerance for Bullying and Harassment•Macro level statements

Reporting

•Establish protocols•Clear methods•Consider conflict of interest

Investigations Procedure

• How and when they will be conducted• What should be included• Roles and responsibilities of all parties• Follow-up – including correction actions• Documentation

Training

• Workers and Supervisors• General Training• Specific Training

Annual Review

• Policy Statement• Reporting Procedures• Investigation Procedures• Preventative Steps taken

Scenario A

Upcoming Resources

•WorkSafeBC Bullying and Harassment Toolkit•Workers Compensation Act Guideline

Question

Where else is this likely to show up?

MHCU ClaimsTop Subsectors: July 1, 2012 – June 30, 2013Subsector Count Percent

Health Care and Social Assistance 615 26.75% Transportation and Related Services 258 11.22% Accommodation, Food, and Leisure Service 194 8.44%

Retail 191 8.31% Education 135 5.87% Public Administration 130 5.65% Business Services 108 4.70% Other Services (not elsewhere specified) 94 4.09% Deposit Sector 11 (formerly Class 13) 79 3.44% General Construction 62 2.70% Wood and Paper Products 50 2.17% Professional, Scientific, & Tech Service 42 1.83% Metal and Non-Metallic Mineral Products 41 1.78%

Key Changes – Bill 14

• “Mental Stress” now “Mental Disorder”• Traumatic events and gradual onset stress• Predominant cause test • Bullying and harassment • Diagnosis by psychiatrist or psychologist

Policy C3-13.00A. DSM Diagnosis

B. Event(s) or Stressor(s)

C. Traumatic Event(s) or Significant Stressor(s)

D. Causation

E. Exclusions

A. DSM Diagnosis

• DSM diagnosis by a psychiatrist or psychologist• Psychiatrist or psychologist may be appointed• All relevant medical evidence considered

B. Event(s) or Stressor(s)

• Must be identifiable• Worker’s subjective statements considered• Must be verifiable

C. Traumatic Event(s)

• An emotionally shocking event• Generally unusual and distinct• Daily exposure not precluded• Usually witnessed first-hand• Reaction typically immediate but may be delayed• Excessive in intensity and/or duration

C. Significant Stressor(s)

• Excessive in intensity and/or duration• May include:

– bullying and harassment– interpersonal conflicts if threatening or

abusive

D. Causation

(i) Traumatic Event(s)• Two-part test:

– Arising out of and in the course of employment

– Event(s) are of “causative significance”

D. Causation

(ii) Significant Stressor Causation• Two-part test:

– arising out of and in the course of employment

– “predominant cause” of the mental disorder

D. Causation

(iii) Aggravation of Pre-existing Mental Disorders• Reviewed by WorkSafeBC• Causation tests apply

E. Exclusions

• Business decisions regarding employment • Policy provides guidance and examples

Psychological Impairment Arising from Physical Injury

• Section 5 applies• RSCM Policy C3-22.30• Compensable if consequence • No need for DSM diagnosis• No need for psychiatrist or psychologist

Claim Adjudication

• Centralized Richmond Team• Clinical Services• Return to Work/ Vocational Rehab• Investigative Support

Employer’s Rights

• Investigation• Communication with worker • Participate in Claim/Take a Position• Assist with Return to Work• Review/Appeal

How the EAO can help?(Claims, Assessment and Prevention)

• Advice and assistance • Representation• Education