Saskatchewan’s Employment Act (SEA) requires employers to take action to protect their employees against workplace violence. Since 1997, express requirements have applied to workplaces “prescribed” by regulations based on higher hazards; effective on May 17, 2024 these requirements apply in all workplaces, implementing SEA amendments enacted in 2023 by Bill 91 (“The Saskatchewan Employment (Part III) Amendment Act, 2022”). The rest of this summarizes workplace violence prevention (WVP) requirements set forth in the SEA, and in regulations issued and administered by the Occupational Health and Safety (OHS) Division of Saskatchewan’s Ministry of Labour Relations and Workplace Safety.
What workplace violence prevention measures are required?
Beginning May 17, 2024, every Saskatchewan workplace subject to provincial OHS regulation must provide the following (SEA s. 3-21(1); federally-regulated workplaces are instead regulated by the federal Department of Labour):
“An employer shall develop and implement a written policy statement and prevention plan to deal with potentially violent situations after consultation with:
(a) the occupational health committee;
(b) the occupational health and safety representative; or
(c) the workers, if there is no occupational health committee and no occupational health and safety representative.”
Each WVP policy statement and prevention plan must include the following:
- employer's commitment to minimize and eliminate risk, and to review and update the plan every three years
- identification of worksite(s) where violent situations have occurred or may occur
- identification of staff positions that have or could be exposed to violent situations
- procedures to inform workers about the nature and risk of violence at their workplace, and any information the employer has about persons with history of violent behaviour who could become a risk to the workers
- employer actions to minimize and eliminate the risk of violence including:
- providing personal protective equipment (PPE)
- establishing administrative arrangements
- engineering controls (e.g., surveillance cameras)
- procedures for reporting a violent incident to the employer
- employer procedures to investigate violent incidents
- recommendation that worker(s) exposed to violent incidents consult a physician for treatment or obtain a referral for counseling
- employer commitment to provide a worker training program that includes information about:
- how to recognize potentially violent situations
- procedures, work practices, administrative arrangements and engineering controls developed to protect workers;
- how to respond to violent incidents and obtain assistance
- procedures for reporting violent incidents.
The OHS Division has published an Employer’s Guide to compliance with these requirements.
Which “prescribed” workplaces are already subject to these requirements?
Beginning in 1997, regulations issued by Saskatchewan’s OHS Division “prescribe” the following types of workplaces as those required to create WVP policies:
- regulated health care facilities,
- pharmaceutical-dispensing services,
- education services,
- police, corrections and other law enforcement services,
- crisis counseling and intervention services,
- retail sales establishments open between 11:00 p.m. and 6:00 a.m.,
- financial services,
- premises for the sale or onsite consumption of alcoholic beverages, and
- taxi and transit services.
What happens next?
As of this writing, Saskatchewan employers that have not already been “prescribed” have three months to prepare their WVP policy statement and prevention plans by May 17. Employers in other jurisdictions may be subject to similar federal, (Canada) provincial or (US) state requirements (for example, I wrote about requirements adopted in California in September 2023 HERE.). Even if the organization has a workplace not expressly required to address workplace violence, employers throughout North America are subject to applicable “General Duty” clauses requiring that workplace hazards be identified and addressed.
Self-assessment checklist
Does the organization operate any activities or facilities in Saskatchewan?
- If so, are any of its workplaces or activities “prescribed” workplaces subject to WVP requirements?
- If so, but any of its workplaces or activities are not “prescribed,” might employees be subject to workplace violence, including violence by clients or customers, including patients in healthcare settings?
Does the organization operate any activities or facilities outside Saskatchewan?
- If so, are any of its employees subject to workplace violence, including violence by clients or customers, including patients in healthcare settings?
Does the organization maintain a workplace violence prevention policy?
- In compliance with Saskatchewan requirements?
- In compliance with other requirements applicable to its location?
- Voluntarily?
Does the organization maintain a workplace violence prevention plan?
- In compliance with Saskatchewan requirements?
- In compliance with other requirements applicable to its location?
- Voluntarily?
Has the organization ever had a workplace violence incident at any of its operations?
- If so, how has the organization responded?
Where can I go for more information?
- Ministry of Labour Standards and Workplace Safety
- “Preventing Violence in the Workplace” webpage
- The Saskatchewan Employment Act (SS 2013, c S-15.1; CanLII)
- Bill 91 (“The Saskatchewan Employment (Part III) Amendment Act, 2022”) (Royal Assent May 17, 2023)
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com