An important reminder that workplace violence and harassment are workplace hazards

According to recent news reports, a man faces first-degree murder charges in connection with the 2022 death of his co-worker at a fast-food restaurant. The accused, admitting to the act, is asking the judge to find him not criminally responsible, claiming he was under a psychotic break at the time of the killing.

The agreed statement of facts read out in court revealed that, following the murder, the accused texted his manager:

• ”There was a murder at the restaurant. Don’t walk in by yourself”; and
• “He was insulting me and he was thinking he is better than me because he is white.”

While this is an extreme case, it serves as grim reminder for employers that workplace harassment and violence are serious workplace hazards, while also highlighting potential mental health issues in the workplace.

Alberta’s Occupational Health and Safety Code (Code) requires employers to develop and implement prevention plans addressing violence and harassment. These plans must include prevention policies and procedures, and employers must ensure their employees are trained in:

1. The recognition of violence and harassment;
2. The policies, procedures and workplace arrangements that the employer has developed and implemented to eliminate or control the hazards or violence and harassment;
3. The appropriate response to violence and harassment, including procedures for obtaining assistance; and
4. The procedures for reporting, investigating and documenting incidents of violence and harassment.

Whether fueled by interpersonal conflicts, organizational dysfunction or external factors, the ramifications of workplace violence and harassment resonate beyond the workplace. The consequences can be significant and far-reaching, impacting individuals, the employer and communities in various ways:

1. Physical and emotional harm: Victims of workplace violence or harassment may suffer physical injuries, psychological trauma and emotional distress. These effects can have long-lasting consequences on the victim’s well-being, leading to decreased productivity and absenteeism.
2. Legal ramifications: These incidents can result in legal consequences for both the perpetrator and the employer. Depending on the severity of the incident and applicable laws, legal actions such as criminal charges, civil lawsuits, regulatory investigations, fines and penalties may be pursued against the employer for failing to provide a safe work environment.
3. Reputational damage: Workplace violence or harassment incidents can tarnish the reputation of the employer involved, leading to negative publicity, loss of trust among stakeholders, and difficulty in attracting and retaining employees and clients. This damage to reputation can have long-term repercussions on the viability and success of the employer.
4. Financial costs: These incidents can lead to significant financial costs for employers, including legal fees, compensation payouts, increased insurance premiums, and expenses related to implementing corrective measures and providing support services for affected employees.
5. Employee morale and productivity: These incidents can have a detrimental effect on employee morale, leading to decreased job satisfaction, increased turnover rates and diminished productivity. Employees may feel unsafe, anxious and demotivated, affecting their ability to perform their job duties effectively. Alternatively, these employees may leave, resulting in the loss of valuable talent, skills and expertise. High turnover rates can also disrupt operations and decrease team cohesion.
6. Negative impact on organizational culture: Rebuilding a positive organizational culture after workplace violence or harassment incidents, which erode trust, communication and collaboration, can be challenging and time consuming.

Takeaways for employers

Overall, workplace violence or harassment can have serious consequences for individuals, employers and society as a whole, highlighting the importance of proactive prevention and intervention measures for creating safe and respectful workplaces. We recommend the following practical tips that can help employers meet their workplace health and safety goals:

1. Establish clear policies: A policy that is comprehensive and clearly sets out expectations and obligations is much easier for employees to understand and follow.
2. Provide training: Conduct regular training sessions for employees on recognizing, preventing, and reporting procedures associated with workplace violence and harassment. We recommend annual training sessions, and refresher sessions when an incident occurs.
3. Foster a culture of respect in the workplace: This includes promoting a culture of respect, tolerance and inclusivity within the workplace, while also creating effective reporting mechanisms for employees to report incidents of violence and harassment. Take all reports seriously and investigate them promptly and impartially. Also take disciplinary action or other correction action as necessary, and strictly prohibit retaliation.
4. Implement security measures: This can include access controls, surveillance systems and emergency response protocols to deter and mitigate instances of violence.
5. Offer support services: Provide access to confidential support services, such as counselling and employee assistance programs, for employees who have experienced workplace violence or harassment.
6. Monitor and review: Continuously monitor the effectiveness of your violence and harassment prevention measures[1] and consider collaborating with external resources such as occupational health and safety agencies, legal experts, and community organizations specializing in violence prevention.

[1] Required by the Code when an incident of violence or harassment occurs, if the joint health and safety committee or the health and safety representative, if applicable, recommends a review of the plan, or every 3 years.

If you have any questions about your obligations under the Occupational Health and Safety Act, your workplace violence or harassment prevention plans, or any other employment and labour questions, please reach out to Cristina Wendel, Jenny Wang or any member of our team.