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Manitoba introduces new workplace harassment guidelines
October 28, 2010
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Following the lead of Saskatchewan, Ontario and Quebec, Manitoba has introduced new regulations to address workplace harassment and violence that take effect Feb. 1, 2011.
Two types of harassment are covered under the regulation:
- Any inappropriate conduct, comment, display, action or gesture by a person that is made on the basis of race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, nationality, ancestry or place of origin.
- Bullying,” which involves severe, repeated conduct that adversely affects a worker’s psychological or physical well-being if it could reasonably cause him or her to be humiliated or intimidated.
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Under the proposed amendments to the Workplace Safety and Health Act Regulation, employers must:
- implement and follow a written policy and action plan to prevent and/or stop harassment and violence in the workplace, including measures and procedures for workers to report incidents or threats;
- provide every new employee with a “Dignity at Work” statement, including the definition of “harassment” and “workplace violence,” examples of each behaviour, a statement that every employee is entitled to a workplace free of harassment and violence, details on disciplinary action that will be taken in the event of harassment or violence, etc.;
- ensure all workers know and follow the harassment prevention policy at all times;
- post these policies in a conspicuous place (for workplaces with more than 20 employees);
- ensure that a worker is not exposed to workplace harassment or violence (as far as is reasonably practical); and
- promote and maintain a working environment free of harassment or violence (as far as is reasonably practical).
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Additionally, by Aug. 1, 2011, employers must train all supervisors on preventing workplace harassment and violence and give existing workers a copy of the “Dignity at Work” statement.
The regulation is clear that reasonable, day-to-day actions by a manager or supervisor that help manage, guide or direct workers or the workplace is not harassment. Discipline, employee reviews and counselling by a supervisor or a manager is not harassment.
The regulation also includes provisions for employee rights to refuse to work once they have filed a complaint, and the employer’s responsibility to pay workers for hours missed under certain circumstances.
CRFA and other employer groups have raised concerns over possible future legal challenges to the wording associated with an employer’s ability to discipline employees. The province will investigate these concerns before implementing the regulation.
Click here for a copy of the proposed regulation. Additional information will be forwarded to members as it becomes available.
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