Amendments to Workplace and Violence Prevention Framework

On December 4, 2024, the Government of Alberta streamlined workplace harassment and violence obligations by amending the Occupational Health and Safety Code (“the Code“). On that date, two orders from the Minister of Jobs, Economy and Trade introduced significant changes to Part 27 of the Code, “Violence and Harassment,” aiming to consolidate employer requirements. Unlike the prior framework in which employers were required to develop and implement separate harassment and violence plans, the newly amended Code now requires one plan that addresses both topics.

Consolidation and Efficiency for Employers

By combining these two crucial topics, the Government of Alberta aims to reduce unnecessary overlap in employer obligations in recognition of the similarity between harassment and violence in the workplace. Much of the substantive requirements remain in effect in the new policy changes to preserve the importance of preventing both types of conduct.

The new consolidated rules regarding workplace violence and harassment prevention include new requirements related to confidentiality for complainants. These new rules aim to ensure that individuals who have either suffered or witnessed incidents of physical or mental injury as a result of violence or harassment in the workplace feel secure to report their experiences to workplace supervisors or human resource professionals.

Temporary Transitional Period

The new consolidated violence and harassment prevention framework is being implemented following a transitional period, which will expire on March 31, 2025. During this transitional period, employers can comply with either the old or the new framework.

Violence and Harassment Prevention Plan Measures

Under the new consolidated framework, Alberta employers are required to implement a violence and harassment prevention plan with specific features meant to protect against violence and harassment in the workplace. Specific requirements for these policy changes include the following:

1. measures to eliminate or, if that is not reasonably practicable, control the hazards of violence and harassment to workers;
2. procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats of violence or harassment that exist or may exist;
3. procedures to report violence or harassment;
4. procedures to investigate complaints and incidents of violence or harassment;
5. provisions to protect the confidentiality of all parties involved in a complaint or incident, except where disclosure is
   1. necessary to
      1. investigate the complaint or incident,
      2. take corrective action, or
      3. inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident,
   2. necessary to inform workers of a specific or general threat of violence or potential violence, or
   3. required by law.

These requirements were drafted in response to suggestions reported in the provincial government’s review of the Code conducted in 2024. As such, the new consolidated prevention plan aims to encourage employer compliance by streamlining policy obligations.

Additional Requirements

In addition to the above general requirements, workplaces, including retail fuelling outlets and some convenience stores and retail outlets, must comply with additional violence and harassment prevention plan requirements.

In these workplaces, employers are also required to ensure that:

• safe cash‑handling procedures are developed and implemented, including procedures that minimize the amount of cash readily accessible to a worker at the work site,
• good visibility is maintained into and out of the work site,
• access by the public is limited in the interior of any buildings in the work site,
• the work site is monitored by video surveillance,
• signs at the work site are visible to the public indicating that the work site is monitored by video surveillance, and
• each worker working alone is provided with a personal emergency transmitter monitored by the employer or the employer’s designate.

Involving Affected Parties

Under the new Code framework, Alberta employers are required to consult with the workplace’s joint health and safety committee, health and safety representative, or affected workers when drafting these required updates to employer violence and harassment prevention plans. These consultations must take place throughout the plan’s development and implementation. These consultations aim to ensure that the resulting policy changes are informed by those individuals most affected by it, ensuring relevance and effectiveness.

Review of Prevention Plan

Importantly, the new requirements under the Code require employers to review their prevention plan in certain circumstances. Such circumstances include:

• when an incident of violence or harassment indicates a review is required;
• where there is a change to the work or work site that could affect the potential for violence or harassment to occur; and
• if the joint health and safety committee or the health and safety representative requests a review.

In addition to these triggering circumstances, employers are otherwise required to review their prevention plan at least once every 3 years.

Importance of Policy Changes

Employers facing new policy changes may find the updates to be onerous and confusing. The recent harassment and violence prevention changes implemented by the Government of Alberta, which on first blush suggest a simple consolidation of existing requirements, create in actuality new substantive requirements that employers will be expected to comply with. These updates not only aim to consolidate in the interest of efficiency but also attempt to ensure that Alberta’s workers are protected from both violent acts and conduct constitutive of harassment.

Keeping policies up to date in accordance legal framework changes is the best way to ensure that your business is protected from liability. This protection not only comes from demonstrating one’s compliance with legal requirements, it also plays a major part in avoiding and mitigating incidents of harassment and violence before they endanger workers.

These recent additions to the Code‘s violence and harassment prevention plan policy attempt to assist employers looking to comply with their obligations in a cost- and time-efficient manner. The Government of Alberta’s recent changes create the possibility of increased compliance and, therefore, safer and more respectful workplaces throughout the province.

Reliable Alberta Employment Lawyers Are Here To Help

Alberta employers looking to keep updated with changing employment law obligations can easily be overwhelmed by the detailed provisions and subparagraphs of provincial regulations. The need to constantly modify policy documents to ensure compliance can leave otherwise responsible business owners feeling discouraged.

Working with the experienced employment lawyers at Getz Collins & Associates is an excellent way for Alberta employers to stay on top of the latest legislation and regulations. We proudly serve clients across Alberta, including Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar, and all surrounding areas. To discuss your employment matter with a member of our team, please reach out online or call 587-391-5600.