Workers throughout the United States and Canada are protected by occupational health and safety laws, administered by federal, and state or provincial worker safety agencies—such as the U.S. Occupational Safety and Health Administration and the Workers' Compensation Board of British Columbia (WorkSafeBC). Most of these agencies recognize workplace violence as a potential hazard, although regulatory requirements associated with this hazard vary considerably among jurisdictions. Effective November 1, 2013, British Columbia supplements its longstanding workplace violence prevention requirements with requirements for "all reasonable steps to prevent where possible, or otherwise minimize, workplace bullying and harassment." BC provides separate, complementary rules for:
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Employers
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Workers
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Supervisors
These requirements define bullying and harassment, and phrase requirements as the "reasonable steps" each party is to take. They are issued and enforced by WorkSafeBC as part of its comprehensive regulation of workplace safety and health in the province.
What is Workplace Bullying and Harassment?
BC defines workplace bullying and harassment as follows:
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Includes any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause the worker to be humiliated or intimidated.
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Excludes any reasonable action taken by an employer or supervisor relating the management and direction of workers or the place of employment.
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Direct actions: verbal aggression or insults; derogatory name-calling; harmful hazing or initiation practice; vandalizing personal belongings; and spreading malicious rumors.
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"More subtle behaviors," such as patterns of targeted social isolation.
The perpetrator's intent is not a determining factor, but how the victim reasonably perceives the actions.
Note that the definition of "person" includes any individual, including non-employees such as customers, clients and visitors.
What Are Employers' Duties?
Employers have broad responsibilities to develop policies and procedures to prevent and respond to bullying and harassment, and to provide training and information distinguishing appropriate from inappropriate behavior. Specific reasonable steps for employers include:
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Employer policy statement that workplace bullying and harassment are unacceptable and will not be tolerated.
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Steps to prevent, or at least minimize, workplace bullying and harassment.
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Worker reporting and complaint procedures, including special procedures if a supervisor or other person with authority is the alleged bully/harasser.
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Procedures for dealing with incidents and complaints, including investigation procedures, investigation reporting and appropriate employer follow-up, and record keeping.
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Worker information on the policy statement and preventive measures.
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Supervisor and worker training on:
- Recognizing the potential for bullying and harassment.
- Responding to bullying and harassment.
- Procedures for reporting, and for employer response.
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Annual review of the policy and all procedures.
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Employer's own compliance with the policy and all procedures.
What Are Workers' Duties?
Workers' duties consist of the following:
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Do not bully or harass.
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Report any bullying or harassment experienced or observed.
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Apply and comply with the employer's policies and procedures.
What Are Supervisors' Duties?
Supervisors' duties consist of the following:
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Ensure the health and safety of all workers under the supervisor's direct supervision.
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Do not bully or harass.
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Apply and comply with the employer's policies and procedures.
How Will WorkSafeBC Administer These Requirements?
WorkSafeBC does not plan an enforcement blitz, but will include these new requirements in workplace inspections. General prohibitions against retaliation against a worker who makes a health and safety complaint apply. The agency cautions workers to make use of their employer's policies and procedures rather than complaining directly to the agency.
WorkSafeBC has published an extensive "toolkit" with informational documents for employers, workers and supervisors. These include an extensive Handbook for employers, a shorter Small Business Guide, and a short Backgrounder. WorkSafeBC also provides a Frequently Asked Questions document relating to worker compensation claims for "mental disorders", including those claimed to result from workplace bullying or harassment.
Self-Assessment Checklist
If your workplace is in British Columbia, the requirements discussed above apply effective November 1, 2013. If your workplace is anywhere else, you should consider whether the specific steps required by WorkSafeBC would enhance your compliance with broader workplace violence prevention requirements enforced in your state or province, and/or would increase safety and harmony in your workplace even if no agency requires you to undertake these measures. Consider the following:
Does my organization promulgate an employer policy statement that workplace bullying and harassment are unacceptable and will not be tolerated?
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Does it define workplace bullying and harassment?
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Does it include the organization's commitment to respond to complaints?
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Does it identify responsibilities for employers and for supervisors?
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Does it provide for periodic review, reporting, and revisions?
Does my organization administer procedures for worker reporting and complaint procedures, including special procedures if a supervisor or other person with authority is the alleged bully/harasser?
Does my organization administer procedures for dealing with incidents and complaints?
Does my organization administer investigation procedures, including investigation reporting and appropriate employer follow-up, and record keeping?
Does my organization provide workers with information on the policy statement and preventive measures, including their assigned responsibilities?
Does my organization provide supervisor and worker training on:
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Recognizing the potential for bullying and harassment?
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Responding to bullying and harassment?
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Procedures for reporting, and for employer response?
Does my organization conduct annual reviews of the policy and all procedures, including the organization's own compliance with its policy and all procedures?
Where Can I Go For More Information?
WorkSafeBC webpage for Bullying and Harassment, including the rules and information documents discussed above.
Specialty Technical Publishers (STP) provides a variety of publications intended to facilitate clients’ understanding of and compliance with regulations. These include:
