All workers are entitled to a safe and healthy environment. Employers play a pivotal role in upholding this standard, especially when dealing with workplace harassment. This guide provides help to employers navigate their obligations under the Occupational Health and Safety Act (OHSA) when addressing complaints or incidents of the Workplace Harassment Investigation Process. It is important to note that this document is informative and not a substitute for the OHSA or its regulations, nor does it. It does notigations that might arise under the Criminal Code of Canada or Ontario’s Human Rights Code. Employers are encouraged to seek legal advice for comprehensive compliance guidance.
Essentials of Workplace Harassment Investigation Process
The Workplace Harassment Investigation Process is crucial in maintaining a fair and secure environment for all employees. Under section 32.0.7 of the Occupational Health and Safety Act (OHSA), employers must conduct an appropriate investigation given the specifics of the harassment complaint or incident. This section outlines the fundamental principles guiding every inquiry to ensure it is performed correctly and effectively.
Critical Elements of an Effective Harassment Investigation Procedure
Prompt Action:
Timing is critical in the handling of harassment complaints. Investigations should be initiated immediately upon receipt of a complaint and aimed to be completed within 90 days. Delays beyond this period can be permissible only if justified by significant reasons. These reasons may be the need for more extensive evidence collection—moreover, the unavailability of key witnesses due to unforeseen circumstances involving multiple locations or departments. Prompt investigations not only help in addressing the issues at hand quickly but also in preventing the escalation of harassment and mitigating any tension within the workplace.
Objective Approach of Workplace Harassment Investigation Process:
Objectivity is the cornerstone of the Workplace Harassment Investigation process. The investigator must ensure impartiality throughout the process. This involves having no personal ties to the involved parties. However, they are not under the direct supervision of the accused harasser. This helps maintain the integrity of the investigation and the trust of all parties involved. For instance, if a manager is related to harassment, it would be inappropriate for their direct subordinate or superior to lead the investigation due to potential biases or conflicts of interest.
Confidentiality Assurance:
Confidentiality is vital in handling sensitive information related to harassment complaints. It ensures that the incident details are only for those who need to know about the investigation and subsequent actions. This practice protects the privacy of all individuals. It fosters a safe space for witnesses and the complainant to speak openly and maintains the integrity of the investigation process. Disclosures should only occur when necessary to protect workers, facilitate the investigation, implement corrective measures, or comply with legal requirements.
Thorough Examination:
A thorough and diligent examination is essential for uncovering the truth in harassment allegations. This includes conducting detailed interviews with the complainant, the accused, and any relevant witnesses. Interviewers should prepare by reviewing prior complaints or reports related to the parties. This involved understanding the context of the workplace environment and formulating specific questions that elicit clear, comprehensive narratives about the incident. Collecting and reviewing pertinent documents such as emails, CCTV footage, and workplace communication logs is crucial. Accurate and deep note-taking during interviews is imperative to ensure all information is verbatim. This aids in the reliability and fairness of the proceedings.
For further guidance, employers can refer to resources such as the Code of Practice to Address Workplace Harassment. This resource provides templates and checklists to assist the investigation. However, the details of specific employer duties and expectations are under Part III (Employer Duties).
These essential elements allow employers to conduct effective and fair harassment investigation procedures. This fosters a workplace environment that respects and protects all employees from harassment and discrimination. Ensuring these principles are applied to every investigation process will help maintain the workforce’s trust and uphold the organization’s ethical standards. Moreover, it ensures compliance with the OHSA and other relevant laws.
Who Should Conduct the Investigation?
Selecting the right investigator is crucial to the credibility and outcome of the Workplace Harassment Investigation Process. This can be someone internal, such as HR personnel, a supervisor, or an external professional, like a licensed private investigator or legal expert. The investigator should have a solid understanding of the provisions related to workplace harassment. Investigator trained in the employer’s specific harassment policies and procedures.
It’s important to note that the OHSA does not require an investigator license. Specific character or behavior investigations might require one under the Private Security and Investigative Services Act 2005. Employers should refer to the Ministry of Community Safety and Correctional Services website for specific licensing requirements.
Real-World Scenarios in Harassment Investigation Procedure
To illustrate the practical application of these principles, consider the following expanded scenarios which demonstrate how employers might fulfill their responsibilities under the OHSA:
Scenario 1:
Addressing Exclusion and Derogatory Treatment in Construction
A new employee at a large construction company reports being systematically excluded from group activities and being called derogatory names by several coworkers. The reported behavior includes verbal insults and exclusion from critical safety briefings, which could endanger the employee’s safety and well-being.
The site supervisor, who has no prior involvement with the complainant or the accused parties, is suitable to handle the investigation. The first step involves conducting private interviews. This allows the complainant to gather a detailed account of the incidents, including specific dates, locations, and the presence of any witnesses. The supervisor interviews the accused individuals separately to hear their stories. This ensures the questions are structured and neutral to avoid bias.
Witnesses who might have observed the interactions are also interviewed to corroborate the different accounts of the incidents. Throughout the process, the supervisor maintains strict confidentiality, sharing details only with those who need to know about the harassment investigation procedure.
After collecting all testimonies and evidence, such as time-stamped security footage and communication records from the site, the supervisor analyzes the data to determine the veracity of the claims. A detailed report summarizing the findings and the investigation process. This recommends corrective actions such as sensitivity training or disciplinary measures. This report is then over to both the human resources department and the parties, ensuring transparency and accountability.
Scenario 2:
Investigating Inappropriate Comments in a Pharmacy
In this scenario, the pharmacy manager makes uncomfortable and inappropriate comments about an assistant pharmacist’s appearance. Keeping The comments private and in front of other employees creates an embarrassing and hostile environment for the assistant.
Given the manager’s direct involvement, the investigation was over to an impartial manager from another branch with experience handling such cases. This investigator starts by discreetly interviewing the assistant to document the specific incidents in detail. This includes any corroborating evidence, such as dates and possible witness accounts.
Subsequently, the investigator interviews other employees who work the same shifts to determine if they have observed similar behavior and had similar experiences. The manager accused of making the comments is interviewed last to ensure all other testimonies are present without influence.
The investigator keeps detailed notes throughout the investigation and ensures confidentiality to protect all parties’ privacy and dignity. Once the harassment investigation procedure is complete, a comprehensive report is ready detailing the findings, the fairness of the process, and the upcoming actions to address the behavior and prevent future incidents.
Scenario 3:
Handling Claims of Inappropriate Emails and Unwanted Invitations in Retail
A retail store employee accuses their supervisor of sending them unwanted emails and inviting them for dinner on occasions other than work. Saying nothing and feeling pressured, humiliated, and harassed, the employee complains to the human resource department about the supervisor.
An HR representative who is well equipped with the necessary training on such investigations and with adequate knowledge on the companies policies against harassment takes up this mantle. First, the representative produces copies of the emails sent and received as a form of investigation. Then, the representative talks to the employee to provide all the details of each case, including the responses made by the employee and further communications with the supervisor.
The HR representative then interviews a supervisor to justify their actions. Other challenges include getting more interviewees from co-workers. They may have observed the interactions between the two parties or received similar messages from the supervisor to gain a broader perspective on the supervisor’s behavior in the workplace.
After completing the assessment of all the facts, the documentary analysis, and the interviews by the investigating officer, the HR representative prepares a dossier with the investigation’s results, the facts scrutinized, the testimonies received, and the conclusions made.
Tackling Investigation Challenges
These scenarios present some challenges organizations face when conducting a workplace harassment investigation process. A planned, fair, and confidential strategy is a must to discuss such issues. By diligently following protocols and practicing professionalism and neutrality in handling complaints, employers can counter harassment issues and help create a much healthier and more respectable workplace culture.
FAQs
1. What is workplace harassment?
Workplace harassment is any behavior, verbal or physical, that demeans, humiliates, or threatens an employee. It includes unwanted conduct, bullying, discrimination, and any action that creates a hostile work environment.
2. When should a workplace harassment investigation begin?
A workplace harassment investigation should begin immediately after a complaint is received. Ideally, the investigation should be initiated within a few days and completed within 90 days, unless there are significant reasons for delay.
3. Who can conduct a workplace harassment investigation?
An investigation can be conducted by an internal party such as an HR professional or supervisor, or by an external party such as a licensed investigator or legal expert. The investigator must be impartial and have no personal or direct professional ties to the parties involved in the complaint.
4. Why is confidentiality important in harassment investigations?
Confidentiality is crucial to protect the privacy of the complainant, the accused, and any witnesses. It also encourages honest participation in the investigation and helps maintain trust in the process.
5. What are the key steps in a workplace harassment investigation?
Key steps include:
- Prompt initiation of the investigation
- Ensuring objectivity and impartiality
- Protecting confidentiality
- Conducting thorough interviews and evidence collection
- Documenting findings and recommending corrective actions
6. What kind of evidence is gathered during the investigation?
Evidence can include witness testimonies, emails, security footage, documents, and any relevant communication logs. This helps in verifying the facts and ensuring a fair outcome.
7. What happens after the investigation is completed?
Once the investigation is completed, a detailed report is prepared summarizing the findings and recommended actions. This report is shared with relevant departments, such as HR, and actions may include disciplinary measures, sensitivity training, or policy changes.
8. How can employees ensure their complaint will be taken seriously?
Employees can ensure their complaint is taken seriously by providing clear, detailed information about the harassment, including dates, locations, and any witnesses. It is also important to follow the company’s harassment reporting procedures.
9. Can workplace harassment lead to legal consequences for the employer?
Yes, failing to address workplace harassment complaints can result in legal consequences for the employer. It can lead to lawsuits, penalties, and damage to the company’s reputation, as well as a loss of employee trust and morale.
10. How can companies prevent workplace harassment?
Companies can prevent harassment by implementing clear anti-harassment policies, providing regular training to employees, establishing a safe reporting system, and ensuring swift action is taken when complaints arise.