Bill 132

Safety Costs

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There are three key principles in the management of Human Resources. These are, in no particular order, the management of risk, the management of costs and the management of investments. When we apply these three principles to the management of people they help guide our Human Resources practices in a language that non-Human-Resources business leaders can understand.

These same principles apply to the management of Occupational Health and Safety. Risks, costs, and investments are concepts that make sense to business leaders whose main concern is the bottom line. It is our job as Human Resources practitioners to make the connection for business leaders between the bottom line and safe workplace practices. We are responsible for the people who are the resources impacting the fiscal health of every organization.

Nowhere is the need for the diligent Human Resources management of risks, costs, and investments clearer than in the emerging precedent-setting cases linked to workplace harassment. The financial penalties imposed on the employer for failing to providing a safe workplace are significant.

Click here to read about a recent case where an employer was ordered to pay damages as a result of workplace harassment.

If business leaders to do not understand the language used by Human Resources practitioners when we speak to the social need for safe workplaces, free from harassment of any kind, then we need to re-shape the language to get our points across. We need to use the language that makes sense and has an impact on business leaders in order for them to implement what is required by law.

Workplace harassment in Ontario falls under the scope of the Occupational Health and Safety Act in two distinct pieces of legislation. Bill 168 and Bill 132 both impose the legislative requirements for employers to ensure that workplaces are free from harassment of any kind. When the employer fails in these responsibilities, it is a failure of risk and investment management, resulting in significant costs.

Money talks. It is the job of Human Resources to make sure that people are listening.

Discussion Questions:

  1. How does risk management, cost management, and investment management apply to people management?
  2. How could you use these three principles to convince the leader of an organization to implement a harassment free workplace?
  3. What are ‘Wallace damages’? Why would these be a consideration when dealing with the employer’s responsibilities in an allegation of workplace harassment?

Bill 132: Expanding accountability?

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Puzzle pieces: safety and committee
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On September 8, 2016, Bill 132 An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, came into force in Ontario. This act provides an amendment to the province’s Occupational Health and Safety Act with respect to an increased scope of requirements for employers and workplaces handling sexual harassment complaints.

 

As is always the case when a legislative change comes into force, the HR professional can and should access numerous online resources that provide guidance for interpretation and implementation of new requirements.

Click here to read the full text of Bill 132.

Click here to read an overview of Bill 132 by Occupational Safety Group Inc.

Click here to read a legal interpretation of Bill 132 prepared by Jessica Young with Stringer LLP.

There is no doubt that this legislative change will be received with mixed reactions. On one hand, most employers will be able to incorporate and shape their existing workplace policies on sexual violence and sexual harassment to ensure compliance with the new requirements.

On the other hand, there will be resistance from employers who do not perceive a justification to increase their employment-related legal obligations, no matter how important this legislative change may be. As such, this amendment will provide many opportunities for further exploration and discussion as it is tested through implementation.

An initial point of interest is the new requirement for employers to consult with the Joint Health and Safety Committee on the development and maintenance of a written harassment policy and supporting procedures. This is a significant change. It appears to be based on the spirit of the Occupational Health and Safety Act, which makes health and safety a joint responsibility of both the employer and the worker.

In a truly collaborative environment, individuals should become more engaged and involved in ensuring the personal safety of their workplace colleagues, especially in relation to matters of sexual violence and sexual harassment. No matter how difficult such a joint process may be, it should create an increase in shared awareness, accountability and active involvement in making a positive organizational change.

Discussion Questions:

  1. How can the Joint Health and Safety Committee in any organization increase shared accountability for workplace safety with regard to sexual harassment in the workplace?
  2. Why do you think Bill 132 came into force in Ontario?
  3. What do you think are the most important elements of Bill 132?
  4. As an HR practitioner, what can you do to promote a workplace that is free from sexual harassment and workplace violence?