To comply with the regulation, the workplace harassment code of practice must be:
• In writing
• Developed and maintained in consultation with the joint health and safety committee (JHSC), health and safety representative, or employees (in the absence of a JHSC or health and safety representative).
• Posted prominently in the workplace.
Making the code of practice available electronically – on a company Intranet, for example, is acceptable as long as all employees know how and where to find it and are trained on accessing it electronically
The code of practice must also:
• Include a statement that every employee is entitled to work free of harassment.
• Identify the person in the workplace responsible for implementing the code of practice.
• Identify the follow-up measures to be used with the employee(s), such as an incident available support services such as Employee Assistance Program, counselling, etc.
Tip
An effective code of practice should define workplace harassment as it appears in the regulation, and include examples, such as:
• Offensive or intimidating comments or jokes
• Bullying or aggressive behaviour
• Displaying or circulating offensive pictures or materials
• Inappropriate staring
• Workplace sexual harassment*
• Isolating or making fun of a worker because of gender identity or other personal characteristics
*Workplace sexual harassment includes unwelcome solicitation or advances from a manager, supervisor or another person who has the power to reward or punish the worker. (NB Human Rights Commission)
