New BC Legislation: WorkSafeBC Bill 14 effective July 1, 2012
Bill 14 passed on May 31, 2012 and came into effect on July 1, 2012. This Bill opened the door to allow WorkSafeBC (“WCB”) to deal with claims involving mental disorders (such as depression and anxiety) that are caused by workplace stressors such as bullying and harassment. The Minister of Labour has directed WCB to engage stakeholder employer groups and develop a “Toolkit” Presumably, this will be a manual on how to deal with bullying in the workplace.
The Basics - a worker who is bullied and harassed at work, and suffers a mental disorder (anxiety or depression) as a result can make a claim with WCB. The worker will be entitled to wage replacement for missed work, and other medical help (counselling etc...) if WCB approves the claim. The mental disorder must be predominantly the result of a workplace stressor, and must not be as result of the legitimate management of employee.
The amendments to the Act read in part; Mental disorder
5.1 (1) Subject to subsection (2), a worker is entitled to compensation for a mental disorder that does not result from an injury for which the worker is otherwise entitled to compensation, only if the mental disorder
(a)either
(i) is a reaction to one or more traumatic events arising out of and in the course of the worker's employment, or
(ii) is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker's employment
(b) is diagnosed by a psychiatrist or psychologist as a mental or physical condition that is described in the most recent American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders at the time of the diagnosis
(c)is not caused by a decision of the worker's employer relating to the worker's employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment. [emphasis mine]
It is my understanding that due to the length of time that it takes to get an appointment with a psychiatrist (they are covered by MSP) that WCB will allow a worker to visit a psychologist and they will cover the cost of the initial assessment as MSP won't.
WorkSafe BC defines bullying and harassment as follows;
Definition
"bullying and harassment" | (a) includes 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, but (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment. |
In Canada and other Provinces have passed similar legislation
- Quebec
- Part I – Act Respecting labour standards
- Chapter IV – Labour Standards
- Psychological Harassment (Interpretation)
- changes made 2004
- link: www.cnt.gouv.qc.ca
- Ontario
- Bill 168 (Chapter 23, Statutes of Ontario, 2009)
- An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters
- Short title: The Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009
- link: − PDF
- Saskatchewan
- Bill No. 66 of 2006-07
- An Act to amend The Occupational Health and Safety Act, 1993
- Citation: The Occupational Health and Safety (Harassment Prevention) Amendment Act, 2007
- link: PDF
- Canada Labour Code – May 8, 2008
- Regulations Amending the Canada Occupational Health and Safety Regulations
- link: www.gazette.gc.ca
Internationally
- EU – European Social Dialogue
- Framework Agreement on Harassment, 2007
- link: PDF
- South Australia
- Occupational Health, Safety and Welfare Act 1986
- link: www.austlii.edu.au
- Sect 55A – Inappropriate behaviour towards an employee
- link: www.austlii.edu.au
- Sweden
- Statute Book of the Swedish National Board of Occupational Safety and Health
- Ordinance AFS 1993:17
- Victimization at Work
- link: PDF
- United Kingdom
- Protection of Harassment Act, 1997 (Chapter 40)
- link – original: PDF
- link – latest available: www.legislation.gov.uk
- United States
- State of Wisconsin, 2009 – 2010 Legislature
- 2009 Assembly Bill 894 – Proposed
- link: PDF