In today’s complex workplace, employers carry a critical responsibility to safeguard employee well-being.
Jessyca Greenwood
It's more than just the right thing to do
One of the most important obligations is the duty to investigate workplace incidents, such as harassment, violence, and safety concerns. At Greenwood Law, we believe this is more than just a legal requirement—it's about creating a safe, valued environment for your workforce.
Understanding your legal obligations under the OHSA
In Ontario, the Occupational Health and Safety Act (OHSA) outlines clear employer responsibilities for maintaining a safe workplace. This includes conducting prompt and thorough investigations into incidents of harassment and violence. Greenwood Law specializes in helping employers stay compliant while cultivating a secure and supportive workplace.
Key OHSA requirements:
- Workplace Harassment Policies: Employers must maintain a clear, written policy that addresses workplace harassment. This policy should outline how incidents are reported, investigated, and resolved.
- Workplace Violence Policies: Employers are also required to have clear procedures for handling incidents of workplace violence, including reporting and investigation protocols.
- Procedures for Investigation: When an incident is reported, the employer must take immediate action to investigate. Depending on the complexity, the investigation may be handled internally or by a neutral third party. The key is to ensure that the process is thorough, impartial, and well-documented.
- Maintaining Confidentiality: Although confidentiality is essential, it may be limited depending on the investigation’s requirements. However, protecting the privacy of both the complainant and the accused remains a priority.
When to take action: workplace investigations in practice
Here are a few scenarios that highlight when an investigation is legally required:
- Harassment Complaint: Suppose an employee reports a co-worker for making inappropriate remarks. Under the OHSA, the employer is required to investigate the complaint promptly. This might involve interviewing witnesses, reviewing communication records, and gathering other relevant information. If the harassment is confirmed, corrective action, such as disciplinary measures or sensitivity training, must be taken.
- Violence in the Workplace: If an altercation between employees results in physical harm, the employer must immediately investigate, per OHSA guidelines. Depending on the situation, law enforcement may need to be involved, and the employer must implement safety measures to prevent future incidents.
- Safety Concerns: An employee reports that essential safety equipment, such as machine guards, has been removed. The employer is required to investigate this immediately to ensure that safety protocols are being followed and to take corrective action if needed.
Best practices for employers: ensuring compliance with the OHSA
To ensure compliance with the OHSA, employers must take a few critical steps during investigations:
- Act Promptly: Employers must begin investigations as soon as a complaint is reported. Any delay can damage the investigation’s credibility and expose the employer to legal risks.
- Remain Neutral: The investigator—whether internal or external—must be neutral and ensure that both parties have an opportunity to share their version of events.
- Document Everything: Employers must document each step of the investigation, including interviews, evidence, and the final conclusion. These records may be essential if the matter escalates to a legal or regulatory body.
- Follow-Up: After the investigation, employers must communicate the findings to the involved parties and make necessary changes, whether in policies or workplace practices, to ensure a safer environment moving forward.
Why legal guidance is essential before starting an investigation
Speaking with a lawyer before beginning a workplace investigation is often a smart move, as it helps employers navigate the complexities of legal compliance and risk management. Some of the reasons employers should seek legal advice include:
- Understanding Legal Obligations: Employers must ensure procedural fairness and comply with both the OHSA and other relevant workplace laws.
- Guidance on Police Involvement: In certain cases, involving law enforcement may be necessary. A lawyer can help determine when this is appropriate.
- Process Management: Rushing into an investigation without preparation can compromise the process. A lawyer can provide guidance on timelines and procedures.
- Evidence Collection: Collecting evidence must be done with care, especially when it involves sensitive or electronic information. A lawyer can advise on best practices for gathering and preserving evidence.
Consequences of failing to investigate
Failure to investigate workplace incidents can lead to significant penalties, including fines, lawsuits, and reputational damage. Under the OHSA, non-compliance with workplace safety standards can result in steep fines for both individuals (up to $100,000 and/or 12 months of jail time) and corporations (up to $1.5 million). Beyond financial and legal repercussions, failing to act on incidents can severely damage a company’s reputation and undermine employee morale and trust.
Confidentiality and protection from reprisal
A critical aspect of workplace investigations is maintaining confidentiality to protect the process’s integrity and the individuals involved. Both complainants and witnesses are protected from reprisals under the OHSA and the Ontario Human Rights Code. Employers who engage in retaliation, such as termination or demotion, against individuals participating in an investigation may face legal consequences, including orders to reinstate the employee or compensate them for lost wages.
Conclusion: the path to a safer, fairer workplace
At Greenwood Law, we help employers not only meet their legal obligations but also foster a work culture where employees feel safe and valued. By working with us, you ensure compliance, protect your business, and most importantly, create a better workplace for your team. Contact us to discuss how we can work together.
