Federally Regulated Harassment & Violence Prevention Policy: Template + Steps

A federal workplace harassment and violence prevention policy is required for federally regulated employers under the federal harassment and violence prevention framework. According to the Government of Canada guidance provided, these requirements took effect on January 1, 2021 and apply to federally regulated industries and workplaces. Your policy should normally include the following elements: - the employer’s commitment to prevent and protect employees against harassment and violence - a description of the roles of workplace parties in relation to harassment and violence in the workplace - a description of the risk factors that contribute to workplace harassment and violence - a list of the training that will be provided about workplace harassment and violence - the resolution process employees should follow if they witness or experience workplace harassment or violence - the reason for which a review and update of the workplace assessment must be conducted - the emergency procedures that must be implemented when an occurrence poses an immediate danger to the health and safety of an employee, or when there is a threat of such an occurrence - a description of how the employer will protect the privacy of the persons involved in an occurrence and in the resolution process - a description of any recourse that may be available to persons involved in an occurrence - a description of the support measures available to employees - the name of the person designated to receive complaints related to the employer’s non-compliance with the Code or Regulations Note: Do not describe this final item as the 'designated recipient' unless you separately clarify that, in the federal guidance definitions, a designated recipient is the individual or work unit designated by the employer to receive a notice of an occurrence. The Government of Canada guidance states that the employer must develop the policy with the applicable partner, depending on organization size: - up to 19 employees: the health and safety representative - 20 to 299 employees: the workplace committee - 300 or more employees: the policy committee The workplace risk assessment must also be conducted with the applicable partner. If the risk assessment is conducted with the policy committee, the federal guidance says you should inform the workplace health and safety committee of the results. Before drafting your policy, you need to anchor it in the statutory definition. According to Part II of the Canada Labour Code , harassment and violence means: "Any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment." This definition is deliberately broad. It encompasses: Sexual harassment and sexual violence Domestic violence when it occurs in or affects the workplace Psychological harassment such as bullying, intimidation, and cyber-harassment Physical assault and threats of violence Abuse of authority , including blocking promotions arbitrarily or publicly ridiculing subordinates What Is Not Harassment and Violence Your policy should also clarify what does not constitute harassment and violence. The Government of Canada's guidance specifies that the following supervisory actions, when performed respectfully, professionally, and in good faith, are appropriate: Setting performance expectations and providing constructive feedback Placing an employee on a performance improvement plan Taking reasonable disciplinary actions Assigning work and directing how and when it should be done Requesting updates or status reports Approving or denying time off Requesting medical documents to support an absence from work Including these clarifications in your policy helps prevent frivolous complaints and ensures managers understand the boundaries of legitimate workplace management. A workplace risk assessment is required and must be conducted with the applicable partner: the health and safety representative, workplace committee, or policy committee, depending on organization size. The federal guidance provided confirms that your policy should include the reason for which a review and update of the workplace assessment must be conducted. Employers should consult the Workplace Harassment and Violence Prevention Regulations (SOR/2020-130) for the specific review triggers and requirements that apply to their workplace assessment. You may refer readers to the Government of Canada’s sample workplace risk assessment tool for guidance. The federal guidance states that employers must inform and instruct employees about the policy, and that everyone in the workplace, including the employer, must participate in training about harassment and violence. The federal guidance also notes that a sample training syllabus may assist employers and applicable partners with developing or identifying appropriate training. Unless