Workplace violence and harassment

Overview

Violence and harassment are defined in Alberta’s Occupational Health and Safety (OHS) Act. They are workplace hazards and must be addressed during a hazard assessment.

Employers, supervisors and workers all have general duties related to violence and harassment prevention. These are set out in the OHS Act.

Part 27 of the OHS Code states technical requirements for violence and harassment prevention. These include the rules that an employer must follow in relation to:

• developing and implementing a violence and harassment prevention plan
• reviewing the plan
• involving workers in the plan’s development, implementation and review
• training workers in violence and harassment prevention
• investigating incidents of violence or harassment
• supporting a worker affected by violence or harassment at the employer’s work site

Part 27 of the code also sets out additional violence and harassment prevention requirements that apply to retail fuelling outlets and convenience stores.

Resources

• Violence and harassment in the workplace: OHS information for employers, supervisors and workers
• Hazard assessment and control: a handbook for Alberta employers and workers
• Fuel and convenience store worker safety

Workplace violence

Violence, whether at a work site or work-related, is defined as the threatened, attempted or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm, and includes domestic or sexual violence.

Domestic violence

Domestic violence becomes a workplace hazard when it occurs at or spills over into the workplace. It may put the targeted worker at risk and may pose a threat to coworkers.

When an employer is aware that a worker is (or is likely to be) exposed to domestic violence at work, the employer must take reasonable precautions to protect the worker and other people at the work site.

Sexual violence

Sexual violence as a workplace hazard includes any sexual act or attempt to obtain a sexual act by any person (regardless of their relationship to the victim) whether at the work site or work-related.

Workplace harassment

Workplace harassment is defined as any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker, or adversely affects the worker’s health and safety.

It does not include any reasonable conduct of an employer or supervisor in respect of the management of workers or a work site.

Harassment is a serious issue and creates an unhealthy work environment potentially resulting in psychological distress or harm to workers.

Obligations of work site parties

Employers, supervisors and workers all have general duties related to violence and harassment prevention. These are set out in the OHS Act.

• Employers must, as far as reasonably practicable, ensure that none of their workers are subjected to or participate in harassment or violence at the work site.
• Supervisors must, as far as reasonably practicable, ensure that none of the workers under their supervision are subjected to or participate in harassment or violence at the work site.
• Workers must refrain from causing or participating in harassment or violence.

Hazard assessment

Violence and harassment are workplace hazards – they must be addressed during a hazard assessment.

The hazard assessment and control process is a documented approach for preventing work-related illness or injury. It identifies situations that could put workers at risk for violence or harassment in the workplace. By recognizing these real and potential hazards, employers can take steps to eliminate or control them to prevent harm to workers.

Hazard assessments must involve the joint health and safety committee or health and safety representative, if there is one. If there is no health and safety committee or representative, the employer must involve affected workers.

Prevention plans

Every employer must develop and implement a workplace violence and harassment prevention plan. 

The plan must include:

• measures to eliminate or (if that is not reasonably practicable) control violence and harassment hazards
• how the employer will inform workers about violence or harassment threats
• how to report violence or harassment
• how to investigate complaints and incidents
• ways to protect the confidentiality of work site parties involved in a complaint or incident, except where disclosure is required by law or necessary to do any of the following:
  • investigate the complaint or incident
  • take corrective action
  • inform involved parties about investigation results or corrective action
  • inform workers about a specific or general threat of violence or potential violence

Fuel and convenience store worker safety

Employers with retail fuelling outlets or convenience stores must meet additional requirements when developing and implementing violence and harassment prevention plans.

• Read: Fuel and convenience store worker safety

Reviewing the plan

Employers must review the plan if any of the following apply:

• an incident indicates a review is needed
• a change in the work or work site could affect the potential for violence or harassment
• the health and safety committee or representative requests a review
• there has not been a review in 3 years

Employers must revise the plan as needed following a required review.

Worker involvement

When developing, implementing or reviewing the plan, employers must consult with:

• the health and safety committee, if there is one
• the health and safety representative, if there is one
• affected workers, as far as reasonably practicable, if there is no health and safety committee or representative

Worker training

Employers must instruct workers on:

• how to recognize violence or harassment
• the employer’s violence and harassment prevention plan, and any revisions
• appropriate responses (including how to get help)
• how to report, investigate and document complaints or incidents

Investigate and report incidents

Employers must:

• investigate any incident of harassment or violence
• prepare an investigation report outlining the circumstances of the incident and any corrective action taken to prevent a recurrence

Employers must retain the report for at least 2 years after the incident, keep it readily available and provide a copy to Alberta OHS on request.

Alberta OHS officers carry out inspections and investigations to enforce occupational health and safety legislation. If officers believe a work site is unhealthy or unsafe, they can take a variety of enforcement actions.

Certain incidents must be reported to Alberta OHS.

• Learn how to report serious injuries, illnesses or incidents

Worker support

An employer must offer support to a worker who reports an injury or adverse symptom resulting from an incident of violence or harassment at the employer’s work site. The employer must:

• advise the worker to consult a health professional (of the worker’s choice) for treatment or referral
• consider the worker to be at work when they are treated by a physician (or further to a physician’s referral) during regular work hours in relation to the incident

Workers can consider accessing services and resources through an employee assistance program, if one exists.

Related

• OHS Act, Regulations and Code
• OHS Publications