THE EMPLOYERS' EDGE
Psychological Health and Safety in the Workplace - a new National Standard
In November 2012, it is expected that CSA Z1003/BNQ9700-803-5, a National Standard in Canada for Psychological Health and Safety in the Workplace, will be issued. The Standard creates detailed measures by which employers are to ensure the psychological health of employees. Although compliance with the Standard is voluntary there are instances where CSA Standards have been incorporated into legislation, (see for example section 25(2) of Regulation 629/94 under the Occupational Health and Safety Act (“OHSA”)). This new CSA Standard is designed to apply to all workplaces in an effort to ensure an organization has a psychological health and safety system in place, and sets out requirements that should be incorporated into a workplace psychological health and safety system. The draft circulated seeks to implement the Standard by having employer requirements addressed in the following categories:
1. Commitment, Leadership and Participation;
2. Planning;
3. Implementation;
4. Evaluation and Corrective Action; and
5. Management Review and Continual Improvement
As stated, the Standard when it is issued is voluntary unless specifically incorporated into legislation. However, what do employers need to know about this voluntary Standard with respect to occupational health and safety in the workplace? For example, in Ontario under the OHSA, section 25(2)(h) states that “(2) without limiting the strict duty imposed by subsection (1), an employer shall”, “(h) take every precaution reasonable in the circumstances for the protection of a worker”. As such, will it be reasonable to anticipate that health and safety regulators may require organizations to comply with this Standard by engaging the general duty clause under the OHSA, or will it be enough that there has been compliance with the psychological harassment obligations under the OHSA and the Bill 168 amendments? CCP will continue to monitor and report on activity under this Standard once it has been issued and employers are encouraged to familiarize themselves with the Standard to assess whether their workplaces would comply with the requirements set out in the Standard.
Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.