What safety professionals need to know about legal changes
Recent legislative changes across Canada are raising the bar for workplace harassment and violence prevention, calling for immediate action from employers. Speaking at the OHS Law Masterclass, labor and employment lawyer Justine Abtosway highlighted key updates and their implications for safety professionals.
“Employers need to update their policies, procedures, and plans to remain compliant with evolving legal standards,” Abtosway advised.
Key changes by province
Quebec: Bill 42 requires employers to implement detailed psychological harassment prevention policies, addressing risks, confidentiality, and training. “Employers in Quebec have an expanded obligation to stop harassment from any source, including clients and third parties,” Abtosway explained.
Saskatchewan: Bill 91 mandates workplace violence prevention policies and post-incident counseling. “Employers must now identify risks, provide training, and document all incidents,” said Abtosway.
Nova Scotia: Bill 464 broadens workplace safety to include psychological health. All employers must have harassment prevention policies by September 2025.
Ontario: Bill 190 expands harassment definitions to include virtual interactions, like those occurring via email or social media. “These updates reflect the realities of a modern, digital workplace,” Abtosway stated.
Actionable takeaways
Safety professionals should act now to:
- Revise policies: Ensure harassment policies include digital interactions and telework.
- Train employees: Equip staff with tools to recognize and respond to harassment.
- Investigate diligently: “Employers have a duty to investigate incidents, even without formal complaints,” stressed Abtosway.
Lesson from recent case
Abtosway pointed to the Metrolinx case, where procedural errors in investigating a WhatsApp group chat initially overturned disciplinary actions. She emphasized the need for impartiality and transparency, adding, “a reasonable investigation includes sharing results with the complainant.”
Looking ahead
While provinces like British Columbia haven’t announced similar updates, Abtosway advises safety professionals to stay vigilant. “This is an area with ongoing development,” she noted.
By updating policies and fostering a culture of safety, organizations can not only ensure compliance but also create more respectful workplaces.
