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1. #KNOWLEDGE OF INCIDENT INVESTIGATION METHODS IN OHS CODE#
2. #KNOWLEDGE OF INCIDENT INVESTIGATION METHODS IN OHS PROFESSIONAL#

Scenario 1Ī new employee at a large construction company reports that several of the other workers at work refuse to use the worker’s name, instead calling the worker derogatory names. Investigation scenariosīelow are some investigation scenarios to help employers understand their duty to ensure an investigation appropriate in the circumstances is conducted.

For further information visit the Ministry of Community Safety and Correctional Services website. However, a person whose work primarily consists of conducting investigations into the character or actions of a person may be required to have a licence under the Private Security and Investigative Services Act, 2005. There is no requirement under the OHSA for the person who conducts the workplace harassment investigation to have a licence. The person conducting the investigation should know about the workplace harassment and reprisal provisions under the OHSA and should have received information and instruction on the employer’s workplace harassment policy and program.

#KNOWLEDGE OF INCIDENT INVESTIGATION METHODS IN OHS PROFESSIONAL#

a corporate office) or may be someone external to the organization (such as a licensed private investigator, human resource professional, lawyer, or someone who holds some other professional designation). The person conducting the investigation can be internal to the workplace ( e.g., supervisor, senior manager, human resources staff), work at another employer location ( e.g. When there is an incident or complaint of workplace harassment, the employer must ensure that an investigation appropriate in the circumstances is conducted.

#KNOWLEDGE OF INCIDENT INVESTIGATION METHODS IN OHS CODE#

Employers may also want to refer to Part III (Employer Duties) of the Code of Practice for more information. Take detailed interview notes, and make sure that relevant documents from the worker, alleged harasser, witnesses and the employer are collected and reviewed.Īn investigation template to help employers can be found in the Code of Practice to Address Workplace Harassment. For example, what did the person see, hear or experience. When interviewing, ask specific questions about the incident or complaint. Reasonable efforts should be made to interview the worker who allegedly was harassed, the alleged harasser(s) and any witnesses, as appropriate in the circumstances. Information about the incident or complaint, including information about the people involved, should not be disclosed unless the disclosure is necessary to protect workers or is needed to investigate the incident or complaint, take corrective action and/or is otherwise required by law. The person conducting the investigation should not be involved in the incident and should not be under the direct control of the alleged harasser. there are multiple witnesses, a key witness is unavailable due to illness, etc.). It would be reasonable to complete the investigation as soon as possible within 90 days or less unless there are compelling reasons why a longer investigation is needed ( e.g. Under section 32.0.7 of the Occupational Health and Safety Act ( OHSA), an employer must ensure that an investigation appropriate in the circumstances is conducted into incidents or complaints of workplace harassment.Ī workplace harassment investigation appropriate in the circumstances should: If you need help in determining what constitutes compliance, you should obtain legal advice. It does not cover other legal obligations that may exist such as those under Canada’s Criminal Code or Ontario’s Human Rights Code.

It is not intended to replace the OHSA or the regulations. This fact sheet is designed to help employers understand some of their duties with respect to investigating complaints and incidents of workplace harassment under the Occupational Health and Safety Act ( OHSA).

All workers are entitled to a safe and healthy workplace.