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Saskatchewan Workplace Violence and Harassment Laws

The Saskatchewan legislation on workplace bullying and harassment states that if “an occupational health officer respecting any matter involving harassment may appeal the decision to a special adjudicator”. In other words, any incident where harassment or workplace violence has been found to take place will go in front a government appointed adjudicator who acts like a judge.

Relevant Statutes:

Occupational Health and Safety Act, R.S.A. 2000, cO-2; Occupational Health and Safety Code, Part 27; Occupational Health and Safety Code [‘Code’] sections 389-392; Occupational Health and Safety Act, 1993, S.S. 1993, c. O-1.1 [‘OHSA’]
Amendments: Bill 66-2006-07, Occupational Health and Safety Act Amendment Act, 2007; Occupational Health and Safety Regulations, 1996, R.R.S. c. O-1.1 [‘Regs’]

Websites:
Harassment in Saskatchewan Workplaces: http://www.lrws.gov.sk.ca/working-well-guide
Bill 66, Occupational Health and Safety Amendment Act: http://www.qp.gov.sk.ca/documents/english/FirstRead/2006-07/Bill-66.pdf
Government of Saskatchewan: http://www.lrws.gov.sk.ca/
WorkSafe Saskatchewan: http://www.lrws.gov.sk.ca/worksafe-sk
Saskatchewan Human Rights Commission: http://saskatchewanhumanrights.ca/

Workplace Violence Definition:

”the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury.” (Regs, s. 37)

Workplace Harassment Definition:

”inappropriate conduct, comment, display, action or gesture by a person based on race, creed, religion, colour, sex, sexual orientation (or other protected grounds) that adversely affects the worker’s psychological or physical well-being; or constitutes a threat to the worker’s health or safety. Must be repeated conduct, or a single incident that causes lasting, harmful effects.” (OHSA, s. 2(1); s. 2(3))

What is Needed to be Compliant

• Training
• A zero policy statement
• Incidence reporting that ensures lack of reprisals