Preventing Harassment in the Workplace

Workplace health and safety concerns should follow the Internal Responsibility System (IRS) first, this includes raising your concerns with your direct supervisor or management team, the workplace Health and Safety Representative or Joint Occupational Health and Safety Committee (JOHSC), or through your workers union (where applicable). If you have already exhausted your options by trying to have your concerns addressed through these internal channels, please summarize the steps you have taken, include the business name and address, and the Safety Branch can then investigate the matter further and better assist with your inquiry. Everyone in the workplace has a role to play in ensuring a workplace is healthy and safe. For more information visit NovaSAFE.ca.

It is important for employers to take a culturally responsive approach in their workplace practices—particularly when engaging underrepresented and underserved workers, newcomers, and individuals from diverse backgrounds.

Cultural responsiveness means recognizing and respecting cultural differences and ensuring that workplace policies, communication styles, training, and responses to concerns are inclusive, equitable, and non-discriminatory. This is not only a best practice but a key element of a strong safety culture.

Employers are encouraged to consult with legal or human resources professionals and to connect with the Office of Equity and Anti-Racism or Nova Scotia Human Rights Commission for guidance tailored to specific workplace needs.

Every employer has an obligation to ensure, as much as reasonably practicable, that workers are not exposed to harassment with respect to any matter or circumstance arising out of employment.

This duty extends to:

• Incidents that occur at the workplace or during work hours
• Conduct perpetrated by another employee (i.e., co-worker or supervisor) or the employer
• Incidents that occur outside of the usual workplace or after work hours that arise out of or are connected to a worker’s employment, such as a work-sponsored social event or conference and
• Conduct perpetrated by someone other than an employee, but with whom the worker is required to meet with, including clients, contractors or the public

Employers must ensure harassment policies are implemented, and they work as intended to identify, prevent and eliminate harassment. Employers should consider taking additional action to create a respectful working environment. This can include proactive training on topics such as respectful workplaces, diversity and conflict resolution. Employers should use effective management practices to clearly define tasks, roles and workload and promote fairness and openness in the workplace.

Managers and supervisors need to protect the health and safety of workers under their supervision. They need to prevent workers from participating in, or being subjected to, workplace harassment and violence and they need to tell workers under their supervision about all known or possible hazards in the work area.

Providing a Safe Workplace:

• Hazard Identification and Control
• Safe Work Practices
• Equipment Maintenance
• Workplace Inspections

Training and Communication:

• Safety Orientation and Training
• Hazard Communication
• Enforcement of Safety Rules

Incident Management:

• Incident Investigation
• Reporting and Documentation

Promoting a Safety Culture:

• Safety Awareness
• Positive Reinforcement

Compliance:

• OHS Legislation
• Cooperation with Authorities

Every employee has an obligation as reasonably practicable to contribute to a respectful and safe workplace, by not engaging in workplace harassment with respect to any matter or circumstance arising out of employment. You can find more information by visiting PreventWorkplaceHarassment.ca.

Employees have duties under the policy as well. They need to ensure that they do not engage in harassment and that they report incidents that they may witness.

This duty includes:

• Treating others with respect and civility
• Speaking up if you witness or experience harassment
• Reporting concerns to an appropriate person as soon as possible; and
• Maintaining confidentiality throughout the process and cooperate with any investigation, if reasonably required

Employers must consult with their JOHSC (employers with 20 employees or more) or health and safety representative (employers with 5-19 employees), if applicable, when developing and implementing a written workplace harassment policy. This helps to ensure harassment in the workplace incidents are properly handled and outlined in the JOHSC Rules of Procedures document.

Some benefits of consulting the JOHSC or health and safety representative

The JOHSC or Health and Safety Representative can:

• Participate in investigations to address workplace health and safety issues and complaints received
• Participate in inspections, inquiries and investigations about the occupational health and safety of employees
• Participate in workplace inspections involving OHS Officers
• Advise and make recommendations to the employer on the workplace’s health and safety program or policy

Members of the JOHSC that may be selected to participate in harassment investigations should be chosen with careful consideration to ensure fairness and confidentiality.

The OHS Division plays a key role in ensuring that employers meet their responsibilities under the OHS Act and regulations in relation to workplace harassment. Their duties include:

• Conducting a workplace inspection in response to complaints when employee requests assistance and the employer has already attempted or refuses to resolve the issue
• Reviewing workplace harassment policies during inspections to confirm they exist, meet regulatory requirements, and ensure they are being followed
• Examples of non-compliance:
  • A policy does not exist
  • The employer is not following the policy
  • Corrective actions have not been identified or implemented
• Non-compliance could result in:
  • Enforcement action compelling the employer to take corrective actions if they fail to do so voluntarily

The OHS Division does not conduct harassment investigations, nor will they determine if harassment has occurred. They do not require detailed personal accounts of the harassment but focus on whether the workplace parties have met their responsibilities under the Act.