Bullying & Harassment and Mental Health Claims. Presented by Alex Booth Employers Advisers Office

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1 Bullying & Harassment and Mental Health Claims Presented by Alex Booth Employers Advisers Office

2 Employers Advisers Office Advice Assistance Education Representation No cost service

3 Bullying and Harassment OHS Prevention

4 Policies Under Workers Compensation Act Passed by Board of Directors in March 2013 Prevention of bullying and harassment in workplace Obligations on employers, workers and supervisors 4

5 WorkSafeBC Definition of Bullying & Harassment Includes any inappropriate conduct or comment by a person towards a work that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but

6 Definition of Bullying & Harassment Excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

7 Workers Compensation Act, Part 3 General health and safety obligations of workplace parties include prevention of bullying and harassment: Section 115 Employer Obligations Section 116 Worker Obligations Section 117 Supervisor Obligations

8 Concurrent Obligations Discriminatory Actions under WCA Human Rights Labour Relations Court System wrongful dismissal cases

9 Policy D Employer Duties Reasonable steps must be taken to address the hazard How? What does compliance look like?

10 Policy Statement Policy D Employer Duties Prevent/Minimize Bullying and Harassment Procedures Reporting/Investigating Training Supervisors and Workers Annual Review of Policy and Procedures

11 Policy D Worker Duties Not to engage in bullying and harassment Report if observed or experienced Comply with employer s policies/procedures

12 Policy D Supervisor Duties Not to engage in bullying and harassment Comply with employer s policies/procedures Investigating and taking corrective action

13 Policy Statement Complimentary to OSH Program Policy Zero tolerance for Bullying and Harassment Macro level statements

14 Reporting Establish protocols Clear methods Consider conflict of interest

15 Investigations Procedure How and when they will be conducted What should be included Roles and responsibilities of all parties Follow-up including correction actions Documentation

16 Training Workers and Supervisors General Training Specific Training

17 Annual Review Policy Statement Reporting Procedures Investigation Procedures Preventative Steps taken

18 Resources WorkSafeBC Bullying and Harassment Toolkit Workers Compensation Act Guidelines Generic Training Video Bulletins

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21 Implementation Prevention and enforcement activity begins November 1, 2013 No official grace period Initially will be consultative Complaint driven

22 Mental Health Claims Origins Key Changes Implications

23 Key Changes Bill 14 Mental Stress now Mental Disorder Traumatic events and gradual onset stress Predominant cause test Bullying and harassment Diagnosis by psychiatrist or psychologist

24 MHCU Claims Top Subsectors: July 1, 2012 June 30, 2013 Subsector Count Percent Health Care and Social Assistance % Transportation and Related Services % Accommodation, Food, and Leisure Service % Retail % Education % Public Administration % Business Services % Other Services (not elsewhere specified) % Deposit Sector 11 (formerly Class 13) % General Construction % Wood and Paper Products % Professional, Scientific, & Tech Service % Metal and Non-Metallic Mineral Products %

25 Accommodation, Food, and Leisure July 1, 2012 June 30, 2013 CU Count Percent Restaurant or Other Dining Establishment % Overnight and Short-term Accommodation % Building Management, Rental % Pub, Bar, Night Club, or Lounge % Casino or Other Gaming Operations % Industrial Catering % Organizing a Leisure, Social, Sport Club % Sports and Entertainment Facility % Bingo Operations % Marina or Boat Rental % Organizing or Operating a Private Camp % Organizing, Conducting Special Events % Ski Hill or Gondola Ride %

26 Policy C A. DSM Diagnosis B. Event(s) or Stressor(s) C. Traumatic Event(s) or Significant Stressor(s) D. Causation E. Exclusions

27 A. DSM Diagnosis DSM diagnosis by a psychiatrist or psychologist Psychiatrist or psychologist may be appointed All relevant medical evidence considered

28 B. Event(s) or Stressor(s) Must be identifiable Worker s subjective statements considered Must be verifiable

29 C. Traumatic Event(s) An emotionally shocking event Generally unusual and distinct Daily exposure not precluded Usually witnessed first-hand Reaction typically immediate but may be delayed Excessive in intensity and/or duration

30 C. Significant Stressor(s) Excessive in intensity and/or duration May include: bullying and harassment interpersonal conflicts if threatening or abusive

31 D. Causation (i) Traumatic Event(s) Two-part test: Arising out of and in the course of employment Event(s) are of causative significance

32 D. Causation (ii) Significant Stressor Causation Two-part test: arising out of and in the course of employment predominant cause of the mental disorder

33 D. Causation (iii) Aggravation of Pre-existing Mental Disorders Reviewed by WorkSafeBC Causation tests apply

34 E. Exclusions Business decisions regarding employment Policy provides guidance and examples

35 Psychological Impairment Arising from Physical Injury Section 5 applies RSCM Policy C Compensable if consequence No need for DSM diagnosis No need for psychiatrist or psychologist

36 Claim Adjudication Centralized Richmond Team Clinical support New treatment programs being negotiated

37 Employer s Rights Investigation Communication with worker Participate in Claim Protest Claim Assist with Return to Work Review/Appeal

38 How the EAO can help? (Claims, Assessment and Prevention) Advice and assistance Representation Education