Harassment and Violence Prevention in the Workplace

PURPOSE

To prevent harassment and violence from occurring in the workplace, and to ensure the reporting, investigation, and resolution of concerns or incidents of workplace harassment or workplace violence, in compliance with applicable provincial human rights and workplace health and safety legislation across Canada ¹.

POLICY

Healthcare Excellence Canada (HEC) is committed to building and preserving a safe, productive, and healthy working environment for every individual in HEC’s workplace and taking all reasonable measures to protect employees from workplace harassment and workplace violence, including domestic violence that may affect employees in the workplace. This commitment applies to all areas of business, including training, performance management, promotions, transfers, layoffs, remuneration, and all other employment practices and working conditions.

It is HEC’s Policy to prohibit any and all forms of violence or harassment, including without limitation harassment based on age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), gender identity, gender expression, receipt of public assistance (in housing only), record of offences (in employment only), sex (including pregnancy and breastfeeding), sexual orientation, or any other prohibited ground under applicable human rights legislation. This policy is not intended to discourage employees from exercising their rights pursuant to applicable laws, including provincial or territorial human rights legislation. Specific to employees in Saskatchewan, the following additional provisions apply:

Under The Employment Act, workers have the right to request the assistance of an Occupational Health and Safety Officer to resolve their complaint; and
Under the Human Rights Code, 2018, workers have the right to file a complaint with the Saskatchewan Human Rights Commission.

HEC will not tolerate, ignore, or condone workplace harassment or violence by or against any individual in our workplace. HEC considers workplace harassment and violence a very serious offence and HEC will take appropriate measures and disciplinary and remedial action (including, where necessary, contacting law enforcement officials, taking legal action, and termination or cancellation of a contract) against anyone responsible for violating this Policy.

Every individual has a responsibility to help promote a healthy and safe workplace environment that is free from violence and harassment. This means not engaging in, allowing, condoning, or ignoring behaviour that violates this Policy. Every individual covered by this Policy also has a responsibility to comply with and support this Policy.

SCOPE AND APPLICATION

This Policy applies to:

All HEC employees at all levels, and whether full-time or part-time, permanent or temporary, casual or intern (paid or unpaid);
All consultants, contractors, patient partners, and volunteers (including Board members);
Collectively referred to herein as “Covered Individuals”

This Policy applies to behaviour which may occur at HEC’s workplace or during any HEC-related business, activity, or event both during and outside of regular business hours. For the purposes of this Policy, “workplace” also includes your home, while you are working, if you work remotely from home. This Policy also applies to behaviour occurring outside of those situations, when the behaviour is initiated by or directed at Covered Individuals, and the behaviour adversely affects HEC’s workplace environment or working relationships. The Policy addresses workplace harassment or violence that occurs at our workplace or work-related events directed at any Covered Individuals from all sources, including not only Covered Individuals but also HEC customers, clients, suppliers, service providers, and members of the public, whom are also expected to adhere to the intent of this Policy and to demonstrate respectful behaviour.

Mandatory Workplace Harassment and Violence Prevention Program

HEC has a Harassment and Violence Prevention in the Workplace Program (the “Program”) that implements HEC’s Harassment and Violence Prevention Policy, and includes:

Measures and procedures to assess and control the risks of workplace violence (Refer to PC-029-C Workplace Violence Risk Assessment), including domestic violence that may expose an employee to physical injury in the workplace (Refer to PC-030-C Procedures for Recognizing and Responding to Potential Domestic Violence);
Measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur (Refer to PC-031-C Procedures for Summoning Immediate Assistance in Violent/Potentially Violent Situations); and
Measures and procedures for the reporting, investigation and resolution of incidents or concerns of workplace harassment or workplace violence (Refer to PC-032-C Procedures for Reporting and Investigation of Incidents or Concerns of Workplace Harassment or Workplace Violence).

HEC will ensure that all employees are trained on the contents of this Policy and the Program, including how to report incidents and complaints of workplace harassment or workplace violence. Other Covered Individuals are required to review and acknowledge their understanding of their rights and obligations under the Policy. However, those with brief engagements with HEC, will be invited to consult and review the Policy on HEC’s website.

HEC will ensure that this Policy and the Program are reviewed as often as necessary, and at least annually, to ensure they adequately support HEC’s goal of a positive work environment free from harassment and violence. Where significant changes to this Policy and/or the Program occur, employees will receive additional training.

HEC reserves the right to take any measures it deems reasonable and necessary, to the extent permitted by law, for the protection of individuals at HEC’s workplace. This includes but is not limited to:

Establishing any rule or practice required to promote a violence and harassment-free work environment;
Disclosing, as legally required and limited, such information as is necessary to equip persons to avoid risk and maintain their personal safety and security;
Barring or limiting access to premises, to certain persons;
Searching the belongings of any visitor or any individual in HEC’s workplace where HEC has a reasonable basis to believe there to be a threat of violence. In assessing such threat, HEC is committed to non-discriminatory practice;
Establishing any access protocols, rules, badges, limitations, or restrictions deemed reasonable and necessary generally or specifically;
Declining to do business with any outside organization that fails to comply, to HEC’s satisfaction, with appropriate measures to ensure the safety and security of the Covered Individuals under this Policy;
Accessing outside expert assistance in the management of situations, and the necessary disclosure of information to those parties on a need-to-know basis; and
Reporting any circumstance or incident to legal authorities.

Due to the nature of our work, the risk of employees being exposed to violence is reasonably low. However, the risk may increase when employees attend site visits or travel for work. In all situations, HEC empowers Covered Individuals not to enter, or remain in, any situation in which they feel their safety is at risk from violence. Employees have the right to refuse work if they have a reason to believe that workplace violence is likely to endanger them (Refer to PC-032-C Procedures for Reporting and Investigation of Incidents or Concerns of Workplace Harassment or Workplace Violence).

Information about a person with a history of violence

If HEC is aware that an individual has a history of violence, HEC will evaluate the circumstances of that person's history of violent behaviour and determine whether there is a risk of workplace violence, which HEC employees would be likely to encounter this person in the course of their work and whether the person poses a risk to those employees. If there is a risk of workplace violence, HEC will disclose to those employees that may be at risk, as much information about a person with a history of violent behaviour as needed to protect the employees from physical injury while respecting privacy as much as possible. Refer to PC-032-C Procedures for Reporting and Investigation of Incidents or Concerns of Workplace Harassment or Workplace Violence for more information on reporting risks of workplace violence, including a person with a history of violence and the right to refuse work if an employee has reason to believe that workplace violence is likely to endanger them.

Domestic Violence

HEC recognizes the reality of domestic violence in society and how it can affect employees in the workplace. HEC is committed to heightening awareness of domestic violence and taking every reasonable precaution to protect employees from domestic violence in the workplace. (Refer to PC-030-C Procedures for Recognizing and Responding to Potential Domestic Violence –and refer to PC-032-C Procedures for Reporting and Investigation of Incidents or Concerns of Workplace Harassment or Workplace Violence for more information on reporting domestic abuse, including if you know or believe a co-worker is experiencing domestic abuse). Victims of domestic violence are urged to seek confidential help from HEC and/or appropriate community services.

RESPONSIBILITIES

The Senior Leadership Team has a responsibility to:

Promote a safe and respectful workplace free from violence and harassment;
Ensure all Covered Individuals are provided with information and instruction with respect to the prevention of workplace violence and workplace harassment;
Review this Policy and HEC’s Harassment and Violence Prevention in the Workplace Program as often as is necessary, but at least annually, to ensure they adequately support HEC’s goal of a positive work environment free from harassment and violence; and
Investigate and deal with all concerns, complaints, or incidents of workplace violence or workplace harassment in a fair and timely manner, in accordance with this Policy.

Supervisors have a responsibility to:

Promote a safe and respectful workplace free from violence and harassment;
Adhere to and attend all training on this Policy and the supporting Harassment and Violence Prevention in the Workplace Program;
Ensure that measures and procedures set out in HEC’s Harassment and Violence Prevention in the Workplace Program are followed by HEC employees; and
Ensure Covered Individuals have received the necessary information and instruction to protect themselves from risks of workplace violence.

Every Covered Individual has a responsibility to:

Act respectfully toward other individuals while conducting work-related activities;
Be familiar with this Policy and attend all training offered on this Policy and HEC’s Harassment and Violence Prevention in the Workplace Program;
Be aware of signs of potential workplace violence (refer to PC-029-C Workplace Violence Risk Assessment), including domestic violence (refer to PC-030-C Procedures for Recognizing and Responding to Potential Domestic Violence);
Report concerns, incidents and/or knowledge of workplace harassment or workplace violence in accordance with this Policy and HEC’s Harassment and Violence Prevention in the Workplace Program (refer to PC-032-C Procedures for Reporting and Investigation of Incidents or Concerns of Workplace Harassment or Workplace Violence); and
Comply with this Policy and HEC’s Harassment and Violence Prevention in the Workplace Program.

DEFINITIONS

“Domestic violence”, which may also be known as family violence, intimate partner violence, and spousal violence, describes a range of behaviours or actions taken by a person to control and dominate another person. It is characterized by abusive, coercive, forceful, or threatening acts or words used by one member of a family, household, or intimate relationship against another. Domestic violence may take the form of physical, emotional, sexual, financial, and/or spiritual abuse. The forms of abuse may differ, but the motivation is ultimately the same: the control of the victim by the abuser. Domestic violence that occurs or may occur in the workplace is treated as workplace violence.

“Supervisor” means a person who has charge of a workplace or authority over an employee.

“Workplace” includes any land, premises, location, or thing at, upon, in or near which a Covered Individual is engaged in business activities for HEC, including without limitation, where working remotely, at social events or other HEC functions.

“Workplace harassment” means engaging in a course of vexatious conduct or comment in a workplace including virtually through the use of information and communications technology that the person knew or ought reasonably to have known would be unwelcome and inappropriate or otherwise offensive to a person or a group of people. Although harassment requires a “course of conduct”, one incident may be sufficient to support a finding of harassment where the incident creates a poisoned environment. Reasonable action taken by an employer or supervisor relating to the management and direction of employees or the workplace is not workplace harassment.

Workplace harassment is broadly defined to include:

“Discriminatory harassment” which means harassment based on a person’s age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), gender identity, gender expression, receipt of public assistance (in housing only), record of offences (in employment only), sex (including pregnancy and breastfeeding), sexual orientation, or any other prohibited ground under applicable human rights legislation.

“Sexual harassment”, which can be a form of discriminatory harassment, means:

Engaging in a course of vexatious comment or conduct against a Covered Individual in the workplace including virtually through the use of information and communications technology 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 able to confer, grant, or deny a benefit or advancement to the employee and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

“Psychological harassment”, which means any vexatious behavior in the form of repeated and hostile or unwanted conduct, verbal comments, actions, or gestures that affects an individual’s dignity or psychological or physical integrity and that results in a harmful work environment.

“Bullying” usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade, or humiliate a person or group of people. It has also been described as the assertion of power through aggression. It can also include the isolation of others and/or deliberately leaving others out.

Examples of conduct that may be considered a form of workplace harassment (including psychological and sexual harassment), include, but are not limited to, the following:

Engaging in conduct intended to intimidate, offend, degrade, humiliate, or isolate a person or group of people (“bullying”);
Inappropriate sexual touching, advances, suggestions, or requests;
Making jokes, remarks, or innuendos that demean, ridicule, intimidate, or offend;
Displaying or circulating threatening, humiliating, derogatory, offensive pictures, or materials in print or electronic form;
Lewd remarks made verbally or electronically;
Derogatory comments;
Repeated offensive or intimidating phone calls or e-mails;
Communications of a sexual nature, verbal, written or electronic;
Displaying or circulating pornography, sexual images, or offensive jokes in print or electronic form (including cartoons, calendars, or websites);
Direct or indirect threats or bribes for unwanted sexual activity;
Stereotyping behaviour or comments around sex, gender, or sexual orientation;
Sexually intrusive or explicit questions;
Offering professional incentive for a date or sexual contact; and
Threatening a person who does not comply with a solicitation or advancement.

“Workplace violence” means:

The exercise of physical force by a person against a Covered Individual, in the workplace, that causes or could cause physical injury to the Covered Individual;
An attempt to exercise physical force against a Covered Individual, in the workplace, that could cause physical injury to the Covered Individual; or
A statement or behaviour that is reasonable for a Covered Individual to interpret as a threat to exercise physical force against them in the workplace, that could cause physical injury to the Covered Individual.

Examples of conduct that would be considered workplace violence include, but are not limited to

Verbally threatening to attack an individual in the workplace;
Leaving threatening notes at or sending threatening e-mails to the workplace;
Hitting or trying to hit an individual in the workplace;
Throwing an object at an individual in the workplace;
Violence or threat of violence against a Covered Individual by a domestic/intimate partner that is not a Covered Individual; and
Sexual violence against an individual in the workplace.