Policy and Procedures summary and legislation
Summary
An employer is required to develop and implement a written policy statement and procedures to prevent workplace violence and harassment. [WHS Regs, s. 19.01]
The employer must consult with the joint health and safety committees or health and safety representative when developing their policy statement and procedures. If there is no committee or health and safety representative, then employers need to consult with their workers. [WHS Regs, s. 19.01(2)]
Once an employer has written and finalized the policy statement and procedures, they should sign and date the documents. The documents need to be reviewed at least once every three years and updated if any changes are needed. [WHS Regs, s. 1.04.01(2)]. The policy and procedures may need to be reviewed more frequently if there are changes in the workplace, or if any gaps or deficiencies are identified during an investigation.
Safety officers can issue orders to employers to have their policies, procedures, and practices for the prevention of injury in a workplace reviewed by an expert. [WHS Regs, s. 1.04.01(3)]
Policy
A policy is a written commitment. Policies help guide the behaviour of employers, supervisors and workers in the workplace.
The policy must contain statements that: [WHS Regs, s. 19.02]
- Violence and harassment in the workplace are prohibited.
- Every worker is entitled to employment free of violence and harassment.
- The employer is committed to eliminating or, if that is not practicable, controlling the risks of violence and harassment in the workplace.
- Workers have the right to bring complaints of violence or harassment to the employer or, if the employer is the person alleged to have committed the violence or harassment, to another person other than the employer.
- The employer will not disclose information about the circumstances related to an incident or complaint, the names of the victim, the person alleged to have committed the violence or harassment, or any witnesses. Exceptions would be if disclosure of this information is required by law, or where it is necessary to:
- investigate the incident or complaint,
- take corrective action,
- inform the persons involved in the incident or complaint of the results of the investigation and any corrective action to be taken to address the incident or complaint, or
- inform workers in the workplace of the nature and extent of the risk of violence or harassment there.
- Any personal information that is disclosed as required by this regulation or by law about an incident or complaint will be the minimum amount necessary.
- The policy statement and procedures do not limit workers in the exercise of any other rights pursuant to any other law.
Yukon’s Workplace Violence and Harassment Prevention Guide contains a workplace violence and harassment policy template that employers may use.
Procedures
The violence and harassment prevention procedures must be in writing and include the following content: [WHS Regs, s. 19.03]
- A description of the measures that the employer will take to eliminate or control the risk of injury to workers.
- The procedure to be followed by a worker when bringing a complaint to the employer, including how and when to report.
- If the employer is the person alleged to have committed the violence or harassment, the procedure to be followed by a worker when bringing a complaint to a person other than the employer.
- The steps to be followed by the person who becomes aware of an incident or to whom a complaint has been brought when
- documenting the incident or complaint,
- investigating the incident or complaint, and
- implementing measures to eliminate or control a risk of violence or harassment raised in the incident or complaint.
- The steps to be followed by the employer or other person who has investigated an incident or complaint when informing the persons involved of:
- the results of the investigation, and
- any corrective action to be taken.
- The steps to be followed by the worker and the employer to obtain assistance following an incident or a complaint, including post-incident treatment or counselling.
Yukon’s Workplace Violence and Harassment Prevention Guide contains a workplace violence and harassment procedures template that employers may use.
Domestic Violence
At any time, if an employer becomes aware or ought reasonably to be aware that a worker is or is likey to be exposed to domestic violence in the workplace, the employer must take steps to protect the worker and any other persons in the workplace who are likely to be affected. [WHS Regs, s. 19.05]
An employer is required to develop and implement a written policy statement and procedures to prevent workplace violence and harassment. [WHS Regs, s. 19.01]
The employer must consult with the joint health and safety committees or health and safety representative when developing their policy statement and procedures. If there is no committee or health and safety representative, then employers need to consult with their workers. [WHS Regs, s. 19.01(2)]
Once an employer has written and finalized the policy statement and procedures, they should sign and date the documents. The documents need to be reviewed at least once every three years and updated if any changes are needed. [WHS Regs, s. 1.04.01(2)]. The policy and procedures may need to be reviewed more frequently if there are changes in the workplace, or if any gaps or deficiencies are identified during an investigation.
Safety officers can issue orders to employers to have their policies, procedures, and practices for the prevention of injury in a workplace reviewed by an expert. [WHS Regs, s. 1.04.01(3)]
Policy
A policy is a written commitment. Policies help guide the behaviour of employers, supervisors and workers in the workplace.
The policy must contain statements that: [WHS Regs, s. 19.02]
- Violence and harassment in the workplace are prohibited.
- Every worker is entitled to employment free of violence and harassment.
- The employer is committed to eliminating or, if that is not practicable, controlling the risks of violence and harassment in the workplace.
- Workers have the right to bring complaints of violence or harassment to the employer or, if the employer is the person alleged to have committed the violence or harassment, to another person other than the employer.
- The employer will not disclose information about the circumstances related to an incident or complaint, the names of the victim, the person alleged to have committed the violence or harassment, or any witnesses. Exceptions would be if disclosure of this information is required by law, or where it is necessary to:
- investigate the incident or complaint,
- take corrective action,
- inform the persons involved in the incident or complaint of the results of the investigation and any corrective action to be taken to address the incident or complaint, or
- inform workers in the workplace of the nature and extent of the risk of violence or harassment there.
- Any personal information that is disclosed as required by this regulation or by law about an incident or complaint will be the minimum amount necessary.
- The policy statement and procedures do not limit workers in the exercise of any other rights pursuant to any other law.
Yukon’s Workplace Violence and Harassment Prevention Guide contains a workplace violence and harassment policy template that employers may use.
Procedures
The violence and harassment prevention procedures must be in writing and include the following content: [WHS Regs, s. 19.03]
- A description of the measures that the employer will take to eliminate or control the risk of injury to workers.
- The procedure to be followed by a worker when bringing a complaint to the employer, including how and when to report.
- If the employer is the person alleged to have committed the violence or harassment, the procedure to be followed by a worker when bringing a complaint to a person other than the employer.
- The steps to be followed by the person who becomes aware of an incident or to whom a complaint has been brought when
- documenting the incident or complaint,
- investigating the incident or complaint, and
- implementing measures to eliminate or control a risk of violence or harassment raised in the incident or complaint.
- The steps to be followed by the employer or other person who has investigated an incident or complaint when informing the persons involved of:
- the results of the investigation, and
- any corrective action to be taken.
- The steps to be followed by the worker and the employer to obtain assistance following an incident or a complaint, including post-incident treatment or counselling.
Yukon’s Workplace Violence and Harassment Prevention Guide contains a workplace violence and harassment procedures template that employers may use.
Domestic Violence
At any time, if an employer becomes aware or ought reasonably to be aware that a worker is or is likey to be exposed to domestic violence in the workplace, the employer must take steps to protect the worker and any other persons in the workplace who are likely to be affected. [WHS Regs, s. 19.05]
Legislation
Workplace Health and Safety Regulations
O.I.C. 2006/178
Part 1 GENERAL
Section 1.04.01 Policy statements and procedures - prevention
1.04.01(1) Every employer must develop, in relation to each of the employer’s workplaces, written policy statements and procedures for the prevention of injury in that workplace and must implement those policies and procedures.
(2) At least once every three years, the employer must review and make any necessary revisions to the policy statements and procedures developed subsection (1).
(3) When ordered by the board to review its policies, procedures, and practices for the prevention of injury in a workplace, the employer must proceed to have an expert acceptable to the board to perform a review and to submit a written report of their findings.
[O.I.C. 2020/21, s. 4; 2022/118, s. 20]
Part 19 VIOLENCE AND HARASSMENT PREVENTION
Section 19.01 Violence and harassment prevention policy statement and procedures
19.01(1) Every employer must, in relation to each of the employer’s workplaces
(a) develop a written policy statement and procedures respecting the prevention of violence and harassment, and implement those procedures;
(b) give necessary training to workers in relation to the policy statement and procedures; and
(c) provide adequate supervision in order to ensure that workers comply with the policy statement and procedures.
(2) The policy statement and procedures developed under subsection (1) must be in consultation with
(a) the committee or the health and safety representative, if the employer is required under the Act to establish a committee or have a health and safety representative for the workplace; or
(b) in any other case, the workers in the workplace.
[O.I.C. 2020/21, s. 6]
Section 19.02 Content of violence and prevention policy statement
19.02 The policy statement developed under subsection 19.01(1) must include the following:
(a) a statement that violence harassment in the workplace are prohibited;
(b) a statement that every worker is entitled to employment free of violence and harassment;
(c) a statement that the employer is committed to eliminating or, if that is not practicable, controlling the risks of violence and harassment in the workplace;
(d) a statement that workers have the right to bring complaints of violence or harassment to the employer or, if the employer is the person alleged to have committed the violence or harassment, to persons other than the employer;
(e) a statement that the employer will not disclose the circumstances related to an incident or complaint of violence or harassment or the names of the victim, the person alleged to have committed the violence or harassment, or any witnesses, except
(i) where to do so would be necessary
(A) to investigate the incident or complaint,
(B) to take corrective action,
(C) to inform the persons involved in the incident or complaint of the results of the investigation and any corrective action to be taken to address the incident or complaint, or
(D) to inform workers in the workplace of the nature and extent of the risk of violence or harassment there, or
(ii) as required by law;
(f) a statement that any personal information that is disclosed under paragraph (e) in respect of an incident or complaint of violence or harassment will be the minimum amount necessary for the purpose for which it is being disclosed;
(g) a statement that the policy statement and procedures do not limit workers in the exercise of any other rights pursuant to any other law.
[O.I.C. 2020/21, s. 6]
Section 19.03 Content of violence and harassment prevention procedures
19.03 The procedures developed under subsection 19.01(1) must be in writing and include the following:
(a) a description of the measures that the employer is to take to eliminate or, if that is not practicable, control the risk of injury to workers from violence and harassment in the workplace?;
(b) the procedure to be followed by a worker when bringing a complaint of violence or harassment to the employer, including how and when to report;
(c) if the employer is the person alleged to have committed the violence or harassment, the procedure to be followed by a worker when bringing a complaint of violence or harassment to a person other than the employer;
(d) the procedures to be followed by the person who becomes aware of an incident of violence or harassment or to whom a complaint of violence or harassment has been brought when
(i) documenting the incident or complaint,
(ii) investigating the incident or complaint, and
(iii) implementing measures to eliminate or control a risk of violence or harassment raised in the incident or complaint;
(e) the procedure to be followed by the employer or other person who has investigated an incident or complaint of violence or harassment when informing the persons involved in it of
(i) the results of the investigation, and
(ii) any corrective action to be taken;
(f) the procedure to be followed by the worker and the employer to obtain assistance following an incident or a complaint of violence or harassment, including post-incident treatment or counselling.
[O.I.C. 2020/21, s. 6]
Section 19.05 Domestic violence
19.05 If an employer becomes aware, or ought reasonably to be aware, that a worker is or is likely to be exposed to domestic violence in the workplace, the employer must take reasonable precautions to protect the worker and any other persons in the workplace who are likely to be affected.
[O.I.C. 2020/21, s. 6]