Office Bullying and Harassment Policy Volume 2013 2nd Edition | Page 21

Employers must take appropriate action to eliminate or minimize the risk of workplace violence. WorkSafeBC has numerous resources to help employers. Violent behaviour in the workplace may also be a criminal matter, and the police may need to be contacted. If there is a violent incident in the workplace and it results in the injury or death of a worker, the employer must investigate the incident and report it to WorkSafeBC (see sections 172– 177 of the Act). Other forms of harassment Some bullying and harassment behaviours may also involve breaches of human rights under the BC Human Rights Code — such as when the behaviour involves racial or sexual discrimination towards a worker. While this guide does not address the implications and remedies available under the BC Human Rights Code, other sources of information can help employers, workers, and supervisors address such issues. For more information, review the BC Human Rights Code, seek advice from a qualified legal professional, or contact the BC Human Rights Tribunal to file a complaint. Criminal behaviour is not addressed in this guide. An employer must conduct an investigation into all incidents of bullying and harassment in the workplace. However, if a bullying and harassment incident or complaint involves criminal activity, seek advice from the police before taking action. Other legal considerations Employers must not discriminate against a worker who exercises any right or carries out any duty in accordance with Part 3 of the Workers Compensation Act, or the Regulation (see section 150 of the Act). This includes a worker who reports an incident or complaint of bullying and harassment. For more information, see WorkSafeBC’s website on Discriminatory action complaints. Under the Act, if an incident of bullying and harassment results in a worker suffering from a diagnosed mental disorder, the worker may be eligible for compensation from WorkSafeBC. Toward a respectful workplace 7