Visit Bill 42 adopted and assented to in March 2024 brings another wave of changes in occupational health and safety in terms of psychosocial risks.
The primary aim of this bill is to prevent and combat psychological harassment and sexual violence in the workplace.
Summary of changes
Psychological harassment and workplace violence (CNESST)
The amendments to the A.I.A.O.D will make it easier for workers to have an employment injury resulting from sexual violence in the workplace recognized. It should be noted that the CNESST normally charges the benefits due in connection with these events to all employers.
The Labour Administrative Tribunal will be able to order an employer to pay punitive damages to an employee who has been the victim of psychological harassment.
In addition, fines have been increased in the event of a breach by an employer.
Definition
The definition of “sexual violence” has been added to the text of the Act respecting occupational health and safety (AOHS):
“Sexual violence” means any form of sexual violence or other misconduct, including unwanted sexual gestures, practices, words, behavior or attitudes, whether occurring on a single occasion or repeatedly, and includes violence related to sexual and gender diversity.
By amending the Standards Act, the bill introduces new obligations for employers and indicates the minimum content expected in their internal policy for the prevention and handling of harassment situations, as the CNESST informs us:
Methods and techniques to identify, control and eliminate the risks of psychological harassment:
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- A detailed description of the various forms of psychological harassment, including verbal conduct, sexual acts and gestures.
- Specific tools and techniques for spotting warning signs and potentially problematic behavior.
- Prevention and intervention strategies to reduce the risk of psychological harassment in the workplace.
Information and training programs to prevent psychological harassment:
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- Mandatory training modules for all employees, including practical workshops and awareness-raising sessions.
- Resources available for continuing education and updating knowledge on psychological harassment.
- Information on how to access online or in-person training programs.
Recommendations on how to behave when taking part in work-related social activities:
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- Specific guidelines on appropriate behavior and expectations of respect and professionalism at company social events.
- Examples of acceptable and unacceptable conduct to clarify employer expectations.
- Procedures for reporting inappropriate behavior observed during these activities.
Procedures for making a complaint or report to the employer:
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- Detailed steps for filing a formal complaint or informing the employer of a situation of psychological harassment.
- The various communication channels available to employees (mail, e-mail, telephone, etc.).
- Deadlines and specific criteria for handling complaints or reports.
Names of persons designated to receive and handle complaints or reports:
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- Contact information for those designated to manage complaints of psychological harassment, including their role and responsibilities.
- Information on how to contact these people confidentially.
- The qualifications and training of these managers to ensure adequate management of the situations reported.
Measures to protect those affected by psychological harassment and those who have collaborated in the management of a complaint or report:
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- Non-retaliation policies to ensure that people reporting incidents or cooperating with an investigation do not suffer any negative consequences.
- The support mechanisms available to victims of psychological harassment, including counselling and workplace adjustments.
- Temporary or permanent measures to ensure the safety and well-being of the people concerned.
Process for dealing with psychological harassment:
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- Detailed steps in the employer’s investigation, from receipt of the complaint to final resolution.
- Methods for analyzing and evaluating the evidence and testimony gathered.
- Possible corrective actions and applicable sanctions in the event of confirmation of psychological harassment.
Confidentiality measures:
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- Strict protocols to guarantee the confidentiality of complaints and investigations, in order to protect the privacy of those involved.
- Limitations on access to complaint information to prevent unauthorized disclosure.
- Responsible parties’ obligations to maintain discretion and manage sensitive data in accordance with applicable laws and regulations.
Amnesty clauses in your collective bargaining agreements no longer apply to physical and psychological violence.
Complaints and other modifications
It is now forbidden for an employer to retaliate or impose a sanction on an employee because he or she has made a denunciation or report of harassing conduct committed against another person.
Such protection already existed for victims, but has now been extended to others, such as witnesses.
Other changes introduced by this bill relate to confidentiality and access to workers’ medical records, and complicate the management of occupational injuries by employers.
Penal provisions have even been introduced for those who contravene these new principles.
We’ll be keeping a close eye on the application and interpretation of these provisions, so we can continue to support you in the management of your files.
It’s high time your company adopted a harassment policy.
If you already have one, make sure you meet the minimum content by September 27, 2024.
To write or revise your policy, contact us.
Please note that we offer specific training courses.
To offer harassment training to your employees or management team, contact us!
More questions? We answer them.
When does harassment occur?
When vexatious conduct meets all the criteria set out in the Act respecting labour standards (section 81.18), i.e. when it manifests itself in repeated, hostile or unwanted gestures, behaviour or words that undermine the employee’s dignity or physical or psychological integrity, and results in a harmful work environment for the employee.
It can also be a single act of serious misconduct.
How do you prove harassment in the workplace?
Through testimonials, e-mail exchanges, text messages, call records, medical reports, etc., we are able to provide you with a complete picture of the situation.
What is the evidence of moral harassment?
Moral harassment is not a term used in Quebec, but rather psychological harassment.
