What a BC bullying and harassment policy is for
In British Columbia, bullying and harassment is treated as a workplace health and safety hazard. Since November 1, 2013, WorkSafeBC has expected every employer to take specific reasonable steps to prevent or minimize it, set out in Policy P2-21-2 under section 21 of the Workers Compensation Act. Officers who inspect a workplace, or who follow up on a worker's complaint, check whether those steps have been developed, implemented and reviewed. A written policy with real reporting and investigation procedures is the first thing they ask to see.
This template contains each element WorkSafeBC lists, in the order a reader needs it: a policy statement, the WorkSafeBC definition word for word, the duties of the employer, supervisors and workers taken from Policies P2-21-2, P2-23-2 and P2-22-1, prevention steps, a reporting table with a separate route for complaints about the employer or senior managers, and investigation procedures covering timing, scope, roles, follow-up and records. A note under each section ties it to the paragraph of P2-21-2 it satisfies, and four forms make it workable: a report form, an investigation record, a training record and an annual review record.
When to use it
Use it if you employ workers in British Columbia under WorkSafeBC's jurisdiction, whatever your size: a small shop or restaurant needs the same elements as a large employer, scaled to fit. Adopt it now if you have no written policy, and use it to replace an older policy that does not name a reporting route for complaints about the employer or does not describe how investigations work.
Federally regulated employers, such as banks, airlines and interprovincial transportation companies, follow the Canada Labour Code and its Work Place Harassment and Violence Prevention Regulations instead. Mines covered by the Mines Act follow the Health, Safety and Reclamation Code. If your workplace is unionized, check the collective agreement for grievance and investigation terms and align the two.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Policy statement and scope
- Not acceptable or tolerated
- Who it covers
- Where it applies
- Online conduct
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Definitions
- WorkSafeBC definition
- Examples
- Reasonable management action
- Human rights and violence
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Roles and responsibilities
- Employer duties
- Supervisor duties
- Worker duties
- Investigators
- witnesses and union representatives
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Prevention and reporting
- Prevention steps
- Who to report to
- Alternate contact
- Contact when the employer is involved
- How and when to report
- Clients and the public
- WorkSafeBC and Human Rights Tribunal options
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Investigation and follow-up
- Timelines
- Impartial or external investigator
- Interim measures
- Interviews and evidence
- Written findings
- Corrective action
- Adverse symptoms
- Records
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Confidentiality, retaliation, training and review
- Confidentiality
- No retaliation
- Training schedule
- Annual review
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Forms
- Bullying and Harassment Report Form
- Investigation Record
- Training Record
- Annual Review Record
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the policy
- Enter your organization's name and dates. Record the effective date, who approved it and when the next annual review is due.
- Keep the definition unchanged. Use the WorkSafeBC definition in Section 3.1 word for word.
- List your prevention steps. Adjust Section 5 to the real risks in your workplace, such as working alone or dealing with the public.
- Name the reporting contacts. Fill in all three rows of Section 6.1 with names and contact details, including someone outside the chain of command for complaints about the employer or senior managers.
- Set the timelines. Choose realistic periods for acknowledging, starting and completing investigations, and for follow-up.
- Choose the investigator. Name the person responsible for investigations and decide in advance which external investigator or HR firm you would use.
- Describe support for adverse symptoms. Say what support you offer, such as an assistance program or adjusted duties.
- Sign, post and train. Give the policy to every worker, post it, train workers and supervisors, and record the training.
- Review it every year. Record each review and any changes on the Annual Review Record.
Example: a report handled under the policy
A fictional Kelowna winery, Okanagan Ridge Estate Winery Ltd., with 30 workers, adopts this policy. Its Section 6.1 names the tasting room manager as the usual contact, the general manager as the alternate, and an outside HR consultant for complaints about the owners or the general manager.
Report: On May 6, a tasting room associate reports to the general manager that a shift supervisor has repeatedly posted mocking comments and photos about the associate's accent in the staff group chat, with screenshots attached. Response: The general manager acknowledges the report on May 7, moves the supervisor to a different shift while the matter is investigated, and assigns the investigation to the assistant winemaker, who has no reporting relationship with either person. Investigation: The complainant, the supervisor and two co-workers are interviewed between May 9 and May 16, and the screenshots are reviewed. The allegations are substantiated. Follow-up: Both are told the outcome in writing on May 22. The supervisor receives a written warning and respectful workplace coaching; the associate is offered the winery's assistance program and a check-in on June 20 confirms the conduct has stopped.
Every step is recorded on the Investigation Record, and the winery reviews its group chat rules at the next annual review.
BC rules to know
These are the British Columbia rules this policy is built around.
- Employer duties (Workers Compensation Act section 21 and WorkSafeBC Policy P2-21-2). Nine reasonable steps, from the policy statement to the annual review, plus the employer's own duty not to bully or harass.
- Worker duties (section 22 and Policy P2-22-1). Not to bully or harass, to report bullying and harassment observed or experienced, and to follow the employer's policy.
- Supervisor duties (section 23 and Policy P2-23-2). Not to bully or harass, and to apply and comply with the employer's policy.
- Prohibited actions (sections 47 to 49). Employers may not take discriminatory action against workers for raising health and safety matters.
- Mental disorder claims (section 135). A mental disorder predominantly caused by a significant work-related stressor, including bullying or harassment, may be compensable.
- Workplace violence (Occupational Health and Safety Regulation sections 4.27 to 4.31). Risk assessment, procedures and instruction for violence, handled alongside this policy.
- Human Rights Code. Harassment based on a protected ground is discrimination; complaints to the BC Human Rights Tribunal are generally due within one year.
- Personal Information Protection Act. Governs how investigation records are collected, used and kept.
Mistakes WorkSafeBC officers find
The most common gap is a policy with no way to report when the person responsible is the owner or a senior manager, which P2-21-2 specifically requires. Others are a policy statement with no procedures behind it, procedures that say "complaints will be investigated" without saying how, when or by whom, no training records, a review date that has long passed, and investigations run by someone who reports to the respondent. Filling in every row of the reporting table, naming an impartial investigator and keeping the four forms up to date avoids each of them.
Frequently asked questions
Do BC employers need a bullying and harassment policy?
Yes. WorkSafeBC Policy P2-21-2 sets out the reasonable steps every employer must take under section 21 of the Workers Compensation Act to prevent or minimize workplace bullying and harassment, starting with a policy statement and including reporting and investigation procedures, training and an annual review. WorkSafeBC officers check whether these have been developed, implemented and reviewed, and can issue orders if they have not.
How does WorkSafeBC define bullying and harassment?
As any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated. It excludes reasonable action by an employer or supervisor relating to the management and direction of workers or the place of employment.
Is performance management bullying?
No, as long as it is reasonable. Assigning work, setting expectations, giving feedback, evaluating performance and taking reasonable discipline are management and direction of workers, which WorkSafeBC excludes from the definition. The way it is done still matters; humiliating someone while managing them can be bullying.
What if the person bullying a worker is the employer or a manager?
The policy must give workers a way to report when the alleged bully is the employer, a supervisor or someone acting for the employer, usually a named senior person, board member or outside HR adviser, and the investigation should be done by someone impartial, often an external investigator. If the employer does not take reasonable steps, the worker can contact WorkSafeBC's Prevention Information Line.
How often must the policy be reviewed?
At least once a year. Policy P2-21-2 expects employers to review the policy statement, prevention steps, reporting procedures and investigation procedures annually; this template includes an Annual Review Record to show it was done.
