Chapter 8 - OHSA

Question 1

A course of “vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity, or gender expressed.

Answer 1

Workplace harassment

Question 2

Where the person making it is in a position to confer, grant, or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Answer 2

Sexual solicitation or advance

Question 3

Refers to a situation where no formal complaint is filed but a supervisor witnesses or informally hears about workplace behaviour that could constitute harassment.

Answer 3

Incident

Question 4

4 pillars of workplace investigation:

Answer 4

1) Be undertaken promptly (Timeliness)
2) Be objective (Fairness)
3) Maintain confidentiality (Confidentiality)
4) Be thorough (Thoroughness)

Question 5

TRUE OR FALSE: The investigation should be completed within 30 days or less unless there are compelling reasons why a longer investigation is needed.

Answer 5

False - within 90 days

Question 6

An anti-discrimination policy is not specifically required but Tribunal decisions consider whether employer has a policy when determining potential damages award.

Answer 6

OHRC mandate

Question 7

Employers must have a written OH&S policy; workplace violence policy and program, workplace Harassment policy and program.

Answer 7

OHSA mandate

Question 8

Employer must create a customer service policy and an accessibility plan.

Answer 8

AODA mandate

Question 9

TRUE OR FALSE: Inspector can order 3rd party investigation at employer’s expense.

Answer 9

True