🏠
Home ›
📁
Investigations Index ›
[Occupational Health & Safety: Mandatory Policy: Duty to Investigate]

Occupational Health & Safety: Mandatory Policy: Duty to Investigate

The Ontario statute is a good example of the obligation of the employer to create workplace policies dealing with workplace violence and harassment.

The employer has a duty to prepare a policy with respect to workplace violence and workplace harassment. These policies must be reviewed at least annually. They must be posted at a conspicuous place in the workplace. ¹

This policy must set out the steps which the employer will take to investigate instances of workplace violence or harassment. With respect to harassment allegations, the policy must provide that any identifying data abut the individuals concerned will not be disclosed unless this is required for purposes of investigating or taking remedial action.

It must also state how the worker and the alleged offender will be advised of the results of the investigation, or of any corrective action to be taken as a result of the investigation. ²

The Act then creates a mandatory obligation to investigate a complaint or incident of workplace harassment. The Act speaks of “incidents” requiring an investigation which speaks then to a complaint not being a preliminary step. The alleged victim and the alleged harasser must be advised of the results of the investigation and the corrective action, if any, taken as a result of the investigation.

This duty to investigate is reviewed here.

P.E.I. has similar legislation requiring an employer policy on the issue of harassment which must also set out the need to investigate allegations of such conduct. ³

Alberta defines workplace harassment to include sexually inappropriate conduct and mandates an investigation upon receipt of a complaint to this effect. ⁴

Saskatchewan law does the same, ⁵ as does the N.W.T. ⁶

Manitoba law recognizes that domestic violence and/or sexual harassment may lead to personal leave but does not create an employer obligation to investigate. Upon a complaint made to the director, this person may refuse to investigate where he or she is satisfied that the employer and employee have settled the complaint, which should provide an impetus to investigate and resolve the claim. ⁷

1. S. 32.0.1 (1) OH&SA provided that the work force is more than 5 persons
2. S. 32.0.6 (2)
3. S. 12(3) Occupational Health and Safety Act
4. Alberta Occupational Health & Safety Act, s. 1(rr)
5. Saskatchewan Employment Act, Part III, s. 3-21.1(1)
6. Occupational Health and Safety Regulations, NWT Reg 039-2015, S. 34
7. Manitoba Employment Standards Code, s. 93