Proposed legislation aims to safeguard workers from online harassment: How could it impact your business?
“Our workplaces have changed. They are no longer limited to a particular office building or facility. And with work being done remotely using video conferencing and chat technology, our workplaces are often virtual now,” says Amanda Gorman, Health and Safety Consultant with WSPS. When it comes to workplace violence and harassment, the legislation is starting to catch up.
On May 6, 2024, as part of the Working for Workers Five Act, the provincial government proposed changes to the Occupational Health and Safety Act (OHSA) that bring virtual workspaces into the definition of workplace harassment. “This proposed amendment addresses virtual interactions when workers are using technology such as Zoom or Teams,” says Amanda.
What is considered workplace harassment?
Workplace harassment is still defined as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. That part is not changing. It still includes discriminatory comments based on the protected grounds outlined in Ontario’s Human Rights Code. However, if passed, this proposed amendment extends the workplace to include online and virtual spaces, which means employers will need to take proactive measures to protect their workers in these spaces and ensure that they are psychologically safe environments.
It's important to remember that bullying or harassment do not need to be done in person,or even have to involve live video while in online meetings. Sending harassing photographs, emojis, cartoons, leaving voicemail messages, or written comments in chats or other forums via text are also forms of harassment. As for conduct, this again does not have to be in face-to-face situations but can be facial expressions or gestures during phone calls or online meetings that belittle, humiliate, invade privacy, or undermine a person.
Those who work alone or in small groups are at higher risk
While the rise of remote work has given workers more flexibility and more options for where they live and work, for many it has also reduced the number of co-workers they interact with on a regular basis. Amanda explains that having fewer people around means less oversight by others, which may put workers at higher risk for workplace harassment.
“For example, when you work from home and primarily have one-on-one video chats with your manager, no one else is around to see or hear these conversations. No one else has an opportunity to observe how your manager acts towards you,” says Amanda. Unwanted comments or behaviours can come from anyone in the workplace - a manager, team member, volunteer, or external contract worker. “Another example would be when the majority of your communication is via a Teams chat with the three other people on your team. In this case, only a few others work with you regularly and know what is said in your chat.”
Amanda explains that employers need to look at inappropriate behaviours in the workplace, and the continuum of behaviours that lead to workplace harassment as hazards. “These behaviours are psychosocial hazards that need to be controlled just as physical or chemical hazards need to be controlled,” says Amanda.
5 tips to protect employees from online workplace harassment
Employers are required to provide a physically and psychologically safe workplace. Protecting employees from workplace violence and harassment, whether it is experienced in person or virtually, is part of the employers’ responsibility. Amanda offers some advice to help employers meet this responsibility.
- Review and update policies—If it has not already been done, review your organization’s violence and harassment policies and code of conduct that governs workplace interactions. Update them to include online meetings, chats, and technologies used by employees.
- Refresh training—With legislative changes on the horizon, it’s a good time to refresh your organization’s workplace violence and harassment training. Employees need to understand what acceptable behaviour is and what it is not, whether in person or online. Address internal chat threads in training. They should be held to the same standard as email or verbal communication.
- Set the tone—Managers and supervisors should lead by example and set clear boundaries with employees when it comes to respectful interactions. It’s a good idea to begin meetings by setting expectations for respectful and supportive behaviour. When participants agree in advance (even verbally) to use respectful language and not interrupt speakers, it generally has a positive influence on the quality of team communications, which results in more effective meetings.
- Assign moderators—When employees are delivering online presentations or workshops for large groups, having a moderator is an effective way to reduce the risk of harassment. “The presenter isn’t always able to see everyone who is participating or able to monitor the chat function while presenting,” explains Amanda. This is where a moderator comes in. The moderator can delete comments or remove an individual from the meeting, if necessary, without disrupting the presentation.
- Empower employees— “If a worker sees a hazard, they are expected to report it,” says Amanda. “The same goes for harassment.” Remind employees that witnessing harassment and doing nothing about it contributes to a psychologically unsafe workplace. Educate employees so that they know how to react if they see someone being harassed.
How WSPS can help
Consulting
Connect with a WSPS expert to develop and evaluate your workplace violence and harassment prevention program.
Training
- Workplace Violence and Harassment Training (eCourse)
- Workplace Violence and Harassment Awareness (eCourse, 40 mins)
Resources
- Workplace Violence and Harassment Toolkit
- Workplace Violence and Harassment Training and Requirements
- Workplace Violence and Harassment (video)
- Mental Harm Prevention Roadmap
The information in this article is accurate as of its publication date.
