On June 18, 2010, the Manitoba Workplace Safety and Health Amendment Act was amended to increase the maximum fines that may be imposed for contravening the Act. Specifically, the fine for a first offence has been increased to $250,000 from $150,000, and the fine for a second or subsequent offence has increased to $500,000 from $300,000.

In addition, employers in Manitoba should be aware of a proposed Bill that contains significant amendments to the Workplace Safety and Health Act which will impose new obligations on employers with respect to workplace violence and harassment.

Bill 219, the Workplace Safety and Health Amendment Act (Harassment and Violence in the Workplace), was originally scheduled to come into force on January 1, 2011. Although this Bill has not yet made its way through the Manitoba Legislature and will not be coming into effect in the New Year as scheduled, it contains significant amendments that employers should be aware of in light of the increased awareness surrounding harassment and violence in the workplace.

Main Features of Bill 219:

  1. Employers must prepare written policies dealing with workplace violence and harassment. Workers must be trained on these policies, which must be posted in workplaces with more than twenty workers and reviewed by the employer annually.
  2. Employers are required to develop and maintain a workplace safety and health program that includes procedures for reporting, investigating and dealing with incidents of workplace-related harassment or workplace violence.
  3. Employers will be required to assess the risk of workplace violence that may arise due to the nature of the workplace, the type of work or the conditions of work, and must advise workers of the results of the assessment. The employer will also be required to provide any written copies of the assessment on request, or must advise workers how to obtain copies.
  4. Employers will be required to take reasonable precautions to protect workers from domestic violence in situations where the employer is aware, or ought to be aware, that domestic violence is likely to expose a worker to harassment or physical injury in the workplace.
  5. Bill 219 clarifies that workers may refuse to work if: (i) the harassment or workplace violence substantially interferes with the worker's ability to perform his or her work and the worker reasonably believes the harassment or workplace violence will continue; or (ii) the worker's health or safety is jeopardized by continuing to work.
  6. Within six months of Bill 219 coming into effect, every employer will be required to provide training on how to prevent workplace-related harassment and workplace violence to every supervisor employed by the employer.
  7. Upon hiring a new worker, an employer will be required provide to the worker a copy of a Dignity at Work Statement that includes the following: (a) definitions of "harassment, "workplace-related harassment" and "workplace violence"; (b) examples of the types of behaviour or conduct that may be considered workplace-related harassment or workplace violence; (c) five prescribed statements relating to employee rights and employer obligations; and (d) information on the worker's right to file a complaint under the Manitoba Human Rights Code. Employers will also be required to provide current workers with a copy of the Dignity at Work Statement within six months after the day Bill 219 comes into effect.

What Should Employers Do?

In light of the proposed amendments under Bill 219, employers are advised to review their current policies and procedures and consider how to address issues of violence and harassment in the workplace. For example, employers should:

  • create written workplace violence and harassment policies, and train employees and all supervisors on such policies;
  • undertake risk assessments to determine the possibility or prevalence of workplace violence or harassment;
  • disclose the results of workplace violence assessments to workers and provide copies of any written assessments;
  • advise employees how to report instances or risks of workplace violence and harassment;
  • ensure that proper security measures are in place at the workplace to protect workers from workplace violence or harassment;
  • keep detailed records of any workplace violence or harassment, investigation or work refusal; and
    considering developing a Dignity at Work Statement in accordance with the recommendations in Bill 219 and
  • provide it to all workers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.