Every regime needs to evolve. In view of the modernization of the occupational health and safety regime, we recommend that you familiarize yourself with your obligations as an employer and even as a worker, as certain points are tending to change.
These obligations are related to physical and psychological violence, including domestic violence and sexual abuse.
Modernization of the occupational health and safety system: changes to combat workplace violence
Definition
Spousal, family or sexual violence is a risk present in workplaces ranging from small businesses to large corporations, from construction sites to institutions.
- Conjugal violence is violence that occurs between 2 people in a loving, intimate or conjugal relationship.
- Domestic violence occurs when a person engages in abusive behavior in order to control or harm a family member or someone he or she is dating.
- Violence of a sexual nature is any unwanted behaviour with a sexual connotation, expressed physically, verbally or otherwise, or any other behaviour based on sex, which violates the dignity of women and men, is unwelcome, unreasonable and offensive to the individual.
Obligations and responsibilities of employers and workers
Employers
The employer must take measures when he knows or ought reasonably to know that the worker is exposed to a situation of domestic violence. In particular, it must:
- ensure that its establishments are equipped and laid out in such a way as to protect employees (e.g.: controlled access to workplaces, security cameras, panic button, etc.).
- ensure that the organization of work and the methods and techniques used to carry it out are safe and protect workers’ health (e.g. allowing a victim of domestic violence to return to the office if she teleworks)
- use methods and techniques to identify, correct and control the risk of violence in the workplace (worker awareness of domestic violence, violence policy, individual safety plan, etc.).
- adequately inform workers about the risks associated with violence, including domestic violence (inform them about signs to recognize, procedures and/or policies in place, etc.).
Workers
Workers must, in particular :
- take note of the prevention program or action plan applicable to it
- take the necessary measures to protect their health, safety or physical integrity
- take care not to endanger the health, safety or physical integrity of others in or near the workplace
- participate in the identification and elimination of risks of occupational accidents and diseases in the workplace and to other persons in or near the workplace
If someone is experiencing domestic, family or sexual violence that continues at work, they should not hesitate to seek help and inform their employer. We know that these are sometimes difficult points to address, so we advise you to demonstrate your openness at all times.
The CNESST has made available to all employers and workers a support kit and a model policy on domestic violence. You can find it here.
We invite you to apply this policy within your company, and to share its contents with all members of your staff.
If you have any questions, please don’t hesitate to contact us.
