Bill 132: Harassment and Sexual Violence in the Workplace · 2019-12-29 · OHSA: Violence,...
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of www.bizlifesolutions.com Contact Us 1504 Yonge Street, 3rd Floor Toronto ON M4T lZ6 NEW OHSA LEGISLATION Bill 132: Harassment and Sexual Violence in the Workplace Presented to Charity Village By Donna Marshall, M.A.
Transcript of Bill 132: Harassment and Sexual Violence in the Workplace · 2019-12-29 · OHSA: Violence,...
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NEW OHSA LEGISLATION
Bill 132: Harassment and Sexual
Violence in the Workplace
Presented to Charity Village
By Donna Marshall, M.A.
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Background
Lori Dupont
OHSA: Violence and
Harassment in the
Workplace
• Bill 168
• Bill 132
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OHSA: Violence, Harassment and
Sexual Violence in the
Workplace: Bill 132
Employers have new mandatory obligations to
ensure the safety of workers from workplace
violence and harassment
Employees have new rights and responsibilities
with regard to reporting incidents of violence and
harassment
…all with a goal of reducing or eliminating harassment
and violence from Ontario workplaces
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Building Safer Workplaces
“All employees are entitled to a safe and healthy
workplace, free from sexual violence and harassment.
Our government takes this very seriously.”
The Action Plan
Bill 132
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Today you will learn…
1. What constitutes “harassment” under Bill 132
2. Specific challenges with bullying, harassment
and sexual harassment in the nonprofit sector
3. What your nonprofit needs to do to be
compliant
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Section 1
What constitutes “harassment”
under Bill 132?
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Workplace Harassment
The OHSA has a 2-part definition of Harassment
(a) engaging in a course of vexatious comment or conduct against a worker in
a workplace that is known or ought reasonably to be known to be unwelcome,
or
(b) engaging in a course of vexatious comment or conduct against a worker in
a workplace because of sex, sexual orientation, gender identity or gender
expression, where the course of comment or conduct is known or ought
reasonably to be known to be unwelcome, or;
making a sexual solicitation or advance where the person making the
solicitation or advance 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;
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What is “Unwelcome”?
• A behaviour or
communication that is
experienced as unpleasant by
the recipient
• The recipient must have
reasonable expectations of
behaviour
• The person who delivers the
behaviour or communication
does not determine whether
or not it was unwelcome
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Examples of
Harassment
• Intrusive invasions of personal
space
• Inappropriate jokes
• Setting someone up to fail
• Vandalism, graffiti
• Threatening, humiliating or
demeaning pictures or
websites
• Pranks
• Threats – overt/covert
• Lewd remarks made verbally
or electronically
• Shunning
• Scapegoating
• Damaging someone’s
reputation through gossip or
other means
• Yelling
• Extreme micromanaging
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What is NOT harassment?
“A reasonable action taken by an employer
or supervisor relating to the management
and direction of workers or the workplace is
not harassment.”
Bill 132
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Examples of Sexual Harassment
• Communications of a sexual nature, verbal, written or electronic
• Inappropriate or unwanted touching
• Lies or gossip about a person’s sex life, orientation or romantic
activities
• Unwanted flirtatious comments or compliments
• Pornographic or graphic pictures (cartoons, calendars, websites)
• Staring or ogling particularly at a sexual body part, “elevator” eyes
• Stalking
• Touching a person’s hair, clothes or body
• Touching oneself sexually around another person
• Standing too close or brushing up against another person
unnecessarily
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Examples: Sexual Harassment
and Undue Influence
• If you go out for dinner with me we can discuss your bonus.
• I’ll consider investing/making a donation if Sue/Joe is the
one you assign to my account.
• I’ll get you that research funding if you come back to my
room with me.
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Take a Moment to Consider
What does your organization have in place to
educate, train and respond to harassing behaviours?
• Code of conduct
• Policies
• Training
• Written program
How are you ensuring accountability and
compliance?
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Section 2
Specific challenges with bullying,
harassment and sexual
harassment in the nonprofit sector
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Catch 22
78% of harassers outrank their target(s)
Nonprofit organizations depend on donors and influential
volunteers to fund and sustain their mission. These
volunteers have power and may abuse it to feed their own
egos, experience a sense of power and get their way when it
may not be in the best interests of the organization.
Nonprofits depend on these individuals to meet their
fundraising goals. Catch 22.
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Impact
45% of targets suffer stress related health problems
Workplace Bullying Institute, Workplace Bullying Survey, 2014
50 per cent of workplace harassment victims suffer mental health-
related problems.
Canadian Mental Health Association, 2014
Workplace Violence and Harassment is found to be responsible for
more lost productivity in the workplace than any other cause.
Statistics Canada, 2010
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Outcome
Workplace violence and harassment is responsible for
more lost productivity than all other causes combined
• Bullied employees take on average 7 more sick days
than others
• The cost of employee absence in Canada due to these
interpersonal hazards is $12 billion per year Statistics Canada
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Incidence
Nearly half of Canadians report having experienced one or more acts
of workplace harassment at least once a week for the last six months.
Dr. Jacqueline Power, University of Windsor, 2014
28% of Canadians say they have been on the receiving end of
unwelcome sexual advances, request for sexual favours, or sexually-
charged talk while on the job.
It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, Government of
Ontario, 2016
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Part 3
3 Things Your Nonprofit Needs to do
to be Compliant
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Your Organization has a Big
Responsibility to Your Employees
Employers and Supervisors must take every precaution
reasonable in the circumstances for the protection of a worker…
An employer shall provide a worker with:
(a) information and instruction
that is appropriate for the worker
on the content of the policy and
program with respect to
workplace harassment; and
(b) any other prescribed
information.
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1. Policies
According to the OHSA, an employer shall:
a) Prepare a policy with respect to workplace violence
b) Prepare a policy with respect to workplace harassment
c) Review the policies as often as necessary, but at least
annually
d) Post all policies in a place where they are accessible
and visible for all workers to see
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Barriers to Reporting
Why your organization needs
more than a policy
• 78% of bullies out rank their targets
• Targets endure two years of bullying
before filing a complaint or leaving
• Targets have a 70 % chance of losing
or leaving their jobs when they
complain
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2. Written Program
A Policy is Not Enough
Bill 132 states,
An Employer shall, in consultation with the
committee, or a health and safety representative,
if any, develop and maintain a written program to
implement the policy with respect to workplace
harassment.
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This Written Program must:
“Set out how incidents or complaints of how
workplace harassment will be investigated and
dealt with;”
What happens if people don’t report incidents?
Reporting creates a culture of accountability,
respect and safety leading to high productivity
and engagement.
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Demanding requirement
for nonprofits
Limited…
• Budget
• Time
• Staff
• Understanding of how to build a
psychologically sound program
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Harassment Education Advisory
Response Team Written
Program
• How to create a safe
reporting structure
• Every document, form,
policy, procedure,
protocol, handout etc. you
need
• Create legislative and
psychological compliance
• Fill in the blanks and go!
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3. Training
Goal: Train all employees (and volunteers/
Boards) on Bill 132 requirements, with
tracking and reporting
BizLife, in partnership with Charity Village, provides
this mandatory compliance training online, quickly,
efficiently and at an affordable price point:
www.bill132training.ca
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Your One Stop
Shop for Bill 132
Online Compliance Training
Written Program (HEART) including
policies, measures, procedures and
programs in a customizable format
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Thank you for watching!
