The Importance of Quality Harassment and Violence Training
By: Dana Du Perron and Jill Lewis, Resolutions At Work Inc.
Meaningful workplace harassment and violence training is a sound investment, and not just another employer obligation to check off a to-do list. Prior to founding Resolutions At Work Inc. we worked for years in private practice focused exclusively on employment law. During this time, we acted for employees accused of harassment, as well as for those who experienced harassment (and also for employers trying to navigate the situation). We witnessed first-hand the toll that both harassing conduct, and allegations of harassment, can take on workers and a workplace.
Ontario’s Occupational Health and Safety Act (the “OHSA”) requires most employers to have in place policies regarding workplace harassment and violence, as well as a program to implement those policies. Such employers are similarly required to provide workers with “information and instruction” - i.e. training - in respect of those policies and programs. Ensuring the required training is high-quality has significant workplace benefits. In fact, failing to do so can have repercussions that are not immediately apparent. Such repercussions may become clear only once harassment has been alleged (and even then, often not in their entirety), and the duty to investigate has been triggered, at which point, significant damage may already be done.
In our experience, it is not unusual for individuals who have experienced harassment to require sick days, or longer-term medical leaves as a result of health conditions caused or exacerbated by the mistreatment. The same health issues can arise for respondents, and in particular those who had no intention to harass. As times change, attitudes around acceptable workplace conduct change, and individuals may not always be up to date on the type of talk or conduct that is no longer acceptable in a modern workplace.
Not only does experiencing or being accused of harassment impact the individual’s health and well-being, but it may present challenges to the employer: operational needs may be affected by low staffing levels, insurance premiums may increase, it may be required to conduct repeated costly investigations if the problems are wide-spread, workers may leave resulting not only in the loss of talent, but in expensive retraining, and overall employee morale may be drastically affected, not only for the individuals in question, but for other workers who are indirectly involved.
When you step back and consider the costs associated with these issues – financial as well as emotional/psychological – it is apparent that meaningful workplace harassment and violence training is actually a worthwhile investment.
Indeed, proper training may result in the following positive outcomes:
(1) Reduction in the overall number of allegations of workplace harassment as workers may be less likely to engage in inappropriate behaviour once they understand what type of conduct is not acceptable;
(2) Reduction in the number of unfounded allegations made as employees become aware of what does not constitute harassment;
(3) Increase in workers resolving interpersonal disputes before relations between colleagues become irreparable; and
(4) Signalling to workers that the employer takes allegations of harassment seriously, and is striving to foster a safe workplace for all. This, in turn, may lead to better morale, higher talent retention rates, and an overall more positive workplace.
It bears keeping the foregoing in mind when considering an employer’s training obligations, and choosing an engaging option that will cause employees to listen, understand, and truly think about their rights and obligations pursuant to the OHSA as we strive to create healthier and happier workplaces.
