Class 19 - OHS: Focus on Harassment Flashcards
Duty of Reasonable Care
“Duty of Care is a requirement to act toward other with the care and caution that a reasonable person would use under the circumstances”
> Management has a duty to exercise in hiring, training, assignment, and oversight of employees
Failure to provide reaonable care where it results in harm is negligence
Codified in legislations
Major OHS Legislation (Ontario)
Occupational Health & Safety Act, 1990
Ontario Workplace Safety & Insurance Act, 1997
CCC S217.1
Internal Responsibility System
employers, supervisors, workers all have a responsibility to ensure a safe workplace
Joint Responsibility System:
Employer / Employee
- Undergo risk assessment / participate in risk assessment
- Create policy and program / follow employer rules
- Provide information & training / Reveal if they have a risk of violence
- Take every precaution to protect employees / Refuse unsafe work
- Ensure compliance & address issues / comply with laws
- Keep records and provide annual summary / Report hazardous equipment/conditions
Laws Harassment is protected under
Human Rights legislation (OHRC)
Occupational health and safety legislation (Bills 168 & 132)
New tort of harassment in Ontario
Compensable if causes chronic mental stress under WSIA
Bill 168
OHS Amendment Act (Violence & Harassment in Workplace)
- defines workplace harassment
- defines workplace violence
Bill 132
Sexual Violence and Harassment Action Plan Act
- Engaging in a course of vexatious comment or conduct against a worker because of sex, sexual orientation, gender identity, or gender expression that is known or ought reasonable known to be unwelcome
- Making sexual solicitation or advance where the person making it is in a position to confer, grant, or deny a benefit or advancement to the worker, and knows such solicitation is unwelcome
What is Harassment - CURE
Comments or actions that are unwelcome and/or should be known to be unwelcome
> Considered a form of discrimination
> Usually linked to a protected ground in Human Rights law
> Requires “course of conduct”, which usually means a pattern of incidents
> Elements - both subjective (view of person being harassed) AND objective (how would conduct be viewed by a reasonable person)
*** research suggests may be motivated by Sexual desire, Male Dominance, Social Status in context of gender hierarchy (“Power Threat Theory”)
Workplace Risk Factors for Violence
“ALl Persons Under Poverty”
- working alone
- working late at night
- working with the public
- working with unstable or volatile persons
- providing service, care, educate
Workplace Risk Factors of Sexual Harassment "Think of a bar! RW RM URGent YMCA is a DYSfunctional workplace"
- high ratio of women
- high ratio of men in power
- Unaware of Reporting or Grievance procedures
- Young or immigrant workers
- Monotonous duties
- Customer service/client recommendations tied to performance
- Alcohol is present
- Diversity lacking
- Younger women or single/divorced women
- Star employee
Costs & Implications of Sexual Harassment
For targets & supervisors
For others in workplace
For organization
Career Implications (focus on women)
- More likely to change jobs
- Greater financial distress two years later
- Long-term career effects as they lowered their aspirations and narrowed their field
- Career stagnation and ostracization for reporters
Addressing Harassment
“if Caught like a DEEER in headlights, Call CAA” (CDEEERCCAA)
- Clear policies and consequences
- Diversify leadership
- Encourage reporting
- Enhance worker protections
- Empower bystanders and incentivize whistle-blowers
- Recognize wrongdoing took place
- Consequences for perpetrators
- Compensate and support victims
- Address organization culture
- Address gender inequality and power imbalances
