Provincial sexual harassment cases have doubled since a new law was passed in 2016 says Workplace Safety North, an independent not-for-profit safety organization. It is one of four health and safety associations in Ontario, and the only one based in the north.
A news release credits several high profile cases of alleged sexual harassment, from Jian Ghomeshi to Harvey Weinstein, with sparking a major change in workplace safety culture.
It’s been just over one year since Bill 132: Sexual Violence and Harassment Action Plan Act became law in Ontario and Ministry of Labour (MOL) complaint statistics regarding workplace harassment, including sexual harassment, has doubled.
In 2016, Bill 132 expanded the definition of “harassment” from earlier 2010 workplace anti-violence legislation to specifically include “sexual harassment.”
In order to protect workers, the law requires employers to assess the risk of workplace violence, develop policies and procedures for investigating and handling complaints and incidents, provide information and instruction, and review the program at least annually.
In the first 10 months following Bill 132, from September 8, 2016, to June 30, 2017, the Ministry of Labour received 4,935 calls regarding workplace harassment, including sexual harassment. The calls resulted in 2,133 harassment complaints, including 156 specific to sexual harassment.
Here are the northern region stats from the Ministry of Labour:
[Sep 8, 2015-Jun 30, 2016 – Year prior to Bill 132 ]
Between September 8, 2015 and June 30, 2016, 7% (99) of the 1,374 complaints alleging workplace harassment occurred in Northern region, and 10% (12) of sexual harassment-related complaints occurred in Northern region.
[Sep 8, 2016 to June 30, 2017 – First 10 months after Bill 132]
Between September 8, 2016 and June 30, 2017, 8% (168) of the 2,133 complaints alleging workplace harassment occurred in Northern region, and 9% (14) of sexual harassment-related complaints occurred in Northern region.
Compared to the same time frame the previous year, this is a 136 per cent increase in harassment complaints and a 114 per cent increase in sexual harassment complaints.
"Keep in mind, too, that many cases of workplace harassment and sexual harassment are never reported," says the release.
Retail and restaurant sectors reported the most sexual harassment on the job, making up 26 per cent of the 156 sexual harassment complaints.
Industrial manufacturing employers are responsible for most of the remainder, including automotive, food, beverage, tobacco, and industrial services.
The Ministry of Labour also receives calls from workers who are no longer in the workplace, and who may have left due to harassment, and want to ensure other workers don’t have to go through the same thing. If workers are afraid to provide their names, the MOL also takes anonymous calls and calls from the general public.
Although the MOL cannot compensate a victim, as a workplace inspection authority and representative of the provincial government, it can visit the workplace, request documentation, order the employer to comply with the Occupational Health and Safety Act and its associated regulations and, if warranted, charge an employer for non-compliance. These actions serve as a “wake-up call” for the employer to improve workplace health and safety.
An information sheet, “Being Harassed At Work? Information for Workers,” issued by the Ontario government in May 2017, provides a list of resources for help in dealing with workplace harassment.
The MOL Health and Safety Contact Centre can provide callers with more information, and can be reached at 1-877-202-0008.
Related:
Effective Sept. 8: New Ontario workplace safety law regarding sexual harassment
Health and Safety Guidelines: Workplace Violence and Harassment: Understanding the Law
Code of Practice to Address: Workplace Harassment Under Ontario’s Occupational Health and Safety Act
