Alert First Aid

Manitoba Legislation

Workplace Violence & Harassment

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For further information on this topic in Manitoba see:

Guideline for Preventing Harassment and Violence in the Workplace

Workplace Safety and Health Regulation

Regulation 217/2006

Registered October 31, 2006, Amended by Regulation 147/2010 in the definition of ‘harassment’.

PART 1

DEFINITIONS AND GENERAL MATTERS

Definitions

1.1 The following definitions apply in this regulation.

1.1.1(1) For the purpose of the definition "harassment" in section 1.1, conduct is

(a) objectionable conduct that creates a risk to the health of a worker; or (b) severe conduct that adversely

affects a worker's psychological or physical well-being. (« harcèlement »)

Interpretation: "harassment"

1.1.1(1) For the purpose of the definition "harassment" in section 1.1, conduct is

(a) objectionable, if it is based on race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, age, nationality, ancestry or place of origin; or

(b) severe, if it could reasonably cause a worker to be humiliated or intimidated and is repeated, or in the case of a single occurrence, has a lasting, harmful effect on a worker.

1.1.1(2) Reasonable conduct of an employer or supervisor in respect of the management and direction of workers or the workplace is not harassment.

1.1.1(3) In this section and in the definition "harassment" in section 1.1, conduct includes a written or verbal comment, a physical act or gesture or a display, or any combination of them.

PART 10

HARASSMENT

Harassment prevention policy

10.1(1) An employer must

(a) develop and implement a written policy to prevent harassment in the workplace; and

(b) ensure that workers comply with the harassment prevention policy.

10.1(2) The harassment prevention policy must be developed in consultation with

(a) the committee at the workplace;

(b) the representative at the workplace; or

Required statements

10.2(1) The harassment prevention policy must include the following statements:

(a) every worker is entitled to work free of harassment;

(b) the employer must ensure, so far as is reasonably practicable, that no worker

is subjected to harassment in the workplace;

(c) the employer will take corrective action respecting any person under the employer's direction who subjects a worker to harassment;

(d) the employer will not disclose the name of a complainant or an alleged harasser or the circumstances related to the complaint to any person except where disclosure is

(i) necessary to investigate the complaint or take corrective action with respect to the complaint, or

(ii) required by law;

(e) a worker has the right to file a complaint with the Manitoba Human Rights

Commission;

(f) the employer's harassment prevention policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.

10.2(2) The harassment prevention policy must provide information on the following procedures under the policy:

(a) how to make a harassment complaint;

(b) how a harassment complaint will be investigated;

Posting policy

10.3 An employer must post a copy of the harassment prevention policy in a conspicuous place at the workplace.

PART 11

VIOLENCE IN THE WORKPLACE

Risk identification and assessment

11.1(1) An employer must identify and assess the risk of violence in the workplace in consultation with

(a) the committee at the workplace;

(b) the representative at the workplace; or

11.1(2) When a risk of violence in the workplace is identified, an employer must

(a) develop and implement a violence prevention policy in consultation with the same persons that conducted the assessment of the risk of violence under subsection (1);

(b) train workers in the violence prevention policy; and

(ci)

11.1(3) The violence prevention policy must include the following statements:

(a) the employer must ensure, so far as is reasonably practicable, that no worker is subjected to violence in the workplace;

(b) the employer will take corrective action respecting any person under the employer's direction who subjects a worker to violence;

(c) the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is

(i) necessary in order to investigate the complaint,

(ii) required in order to take corrective action in response to the complaint, or

(iii) required by law;

(d) the violence prevention policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.

11.1(4) The violence prevention policy must provide information on the following matters:

(a) how to eliminate the risk of violence to a worker;

(b) where elimination of the risk of violence to a worker is not possible, how to minimize the risk of violence to a worker;

(d) how an incident of violence will be investigated.

(di)

11.1(5) An employer must post a copy of the violence prevention policy in a conspicuous place at the workplace.

Duty to inform workers

11.2(1) When a risk of violence in the workplace is identified, an employer must inform a worker about the risk of violence in the workplace.

11.2(2) The duty to inform a worker about the risk of violence includes a duty to provide information on

(a) the nature and extent of the risk; and(b) the risk of violence from persons whom workers are likely to encounter in the course of their work.