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Manitoba Workplace Violence and Harassment Laws

The Manitoba legislation on workplace bullying and harassment is similar in certain regards to Ontario’s Bill 168. There is a requirement to report incidences where spousal abuse is suspected, even if that abuse takes place outside of work.

Relevant Statutes:

Workplace Safety and Health Act, (C.C.S.M. c W210); Amendment: Bill 219-2009, Workplace Safety and Health Amendment Act; Workplace Safety and Health Regulation, (Parts 8-11) [‘WHSR’]; The Domestic Violence and Stalking Act (C.C.S.M. c. D93)

Websites: Workplace Safety and Health Act:

http://web2.gov.mb.ca/laws/statutes/ccsm/w210e.php
Bill 219-2009, Workplace Safety and Health Amendment Act: http://web2.gov.mb.ca/bills/39-4/b219e.php
WSHR: http://web2.gov.mb.ca/laws/regs/pdf/w210-217.06.pdf
The Domestic Violence Act: http://web2.gov.mb.ca/laws/statutes/ccsm/d093e.php
Government of Manitoba, Labour and Immigration: http://www.gov.mb.ca/labour/
Safe Work Manitoba: http://www.safemanitoba.com/
Manitoba Human Rights Commission: http://www.manitobahumanrights.ca/

Workplace Violence Definition:

means a) the attempted or actual exercise of physical force against a person; and b) any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used…” (WHSR, s. 1)

Domestic Violence Definition:

”an intentional, reckless or threatened act or omission that causes bodily harm or property damage; an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage; conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse; forced confinement; sexual abuse. “ (Subsection 2(1.1))

Workplace Harassment Definition:

“means behaviour of a person, either by repeated conduct, comments, displays, actions or gestures, or by a single serious comment, display, action, gesture or occurrence of conduct that is i) unwelcome, vexatious, hostile inappropriate or unwanted, ii) based on race, creed, religion, skin colour, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place or origin, or iii) an improper use of power or authority inherent in the person’s position, and threatens the health or safety of the worker, endangers a worker’s job or threatens the economic livelihood of the worker, undermines the worker’s job performance or negatively interferes with the worker’s career in any other way, adversely affects the worker’s dignity or psychological or physical integrity, or results in a harmful workplace for the worker.” (WSHA, s. 2(1))

What is Needed to be Compliant

• Incidence reporting mechanism
• Training
• A zero tolerance policy
• An assessment of the organization