Employers: Be Sure to Update your Workplace Harassment Policy before September 27!

On September 27, specific provisions of the Act to prevent and fight psychological harassment and sexual violence in the workplace will come into effect.

One of these provisions is of particular importance: from this date onwards, it will be mandatory for employers doing business in Québec and under provincial jurisdiction to ensure that certain features are included in their policy on psychological harassment.

The New Requirements

The Act will now require employers to include the following points in their policy against psychological harassment:

- The methods and techniques used to identify, control and eliminate the risks of psychological harassment, including a section on behaviour that manifests itself in the form of verbal comments, actions or gestures of a sexual nature;

- The specific information and training programs on psychological harassment prevention that are offered to employees and to the persons designated by the employer to manage a complaint or report;

  - The recommendations on behaviour to adopt when participating in work-related social activities;

  - The procedures for making complaints or reports to the employer or providing information or documents to the employer, the person designated to manage them, as well as the information on the follow-up that must be given by the employer;

- The measures to protect the persons concerned by a situation of psychological harassment and the persons who have cooperated in the processing of a complaint or report regarding such a situation;

  - The process for managing a situation of psychological harassment, including the process that applies to the holding of an inquiry by the employer;

  - The measures to ensure the confidentiality of complaints, reports, information or documents received and to ensure a preservation period of at least two years for the documents made or obtained in the course of managing a situation of psychological harassment.

Consequences for Non-compliance

The Act respecting occupational health and safety now stipulates that a psychological harassment policy must or, as the case may be, will have to be part of the prevention program. The CNESST health and safety division can review policies and enforce compliance. An inspector who is not satisfied may request changes to the policy until compliance is achieved. So, it’s best to comply before you are compelled to do so.

In fact, failure to comply with legal obligations may result in offences under the Act respecting occupational health and safety.

In addition, such failure may undermine an employer’s defense in court if it were proven that psychological harassment occurred in its workplace.

When individuals are able to establish that they have been victims of harassment in the workplace, employers may defend themselves by proving that they have implemented measures to prevent and end psychological harassment.

Until recently, the only obligation was to adopt and make available to employees a policy designed to counter psychological harassment, with no further details.  In light of the Act’s new provisions, a policy that fails to meet the Act’s minimum requirements is likely to prevent an employer from proving that it has taken all necessary measures to prevent harassment.

The CNESST Model

The CNESST provides a model policy (available in French only) that meets the Act’s criteria. Naturally, employers may draw inspiration from the model available online, but it is advisable to tailor it to their business reality and carefully consider what features should be included.

 

There is still time! 

If your business has not yet updated its policy against psychological harassment, it is not too late to do so. Need help updating your policy or creating a new compliant policy? Please feel free to contact our Labour and Employment team, who will be glad to assist you.