Investigations

Both parties must be told that there is going to be an investigation. If the matter is resolved by negotiation or conciliation after an investigation has been started the investigation is discontinued.

The employer or person designated to receive complaints selects an investigator. They must choose someone from a list of investigators previously created by the employer and their partner. If there is no list the investigator can be someone that the person who received the complaint and both parties agree on.

If there is no agreement about who should investigate within 60 days of when the Notice was filed an investigator is selected from a list created by the Canadian Centre for Occupational Health and Safety of people who have the required knowledge and experience. The person who received the Notice of Occurrence (either the employer or a person designated by them) must provide the investigator with all the information that is relevant to the investigation.

Investigators must..

• be trained in investigative techniques
• have knowledge, training and experience relevant to harassment and violence in the workplace
• have knowledge of the Canada Labour Code, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the workplace

The investigator must provide the person who received the complaint and both parties with a written statement that they do not have a conflict of interest regarding the matter.

If the employer or the person designated to receive complaints or either party suggest an investigator they must provide the others with the following information about the proposed investigator..

• their name
• if they are an employee of the employer, their job title and the name of their immediate supervisor
• a description of their knowledge, training and experience to show they have the necessary qualifications
• a description of any experience that they have which is relevant to what happened

After the investigation the investigator provides a report that must include...

• a general description of the occurrence
• their conclusions, including those related to the circumstances in the workplace that contributed to the occurrence
• their recommendations to eliminate or minimize the risk of a similar occurrence

The investigator could, for example, recommend specific training for the parties involved or recommend actions to address a workplace culture that contributed to the occurrence.

An employer must provide a copy of the investigator’s report to the person who made the complaint and the other party. If the complaint was given to a person designated to receive complaints they must also be given a copy of the report. The workplace health and safety committee or health and safety representative also receives a copy.

The employer and the workplace health and safety committee or health and safety representative must decide together which of the recommendations will be implemented. If they cannot agree the employer makes the final decision. If the employer does not implement a recommendation they must document the decision and their reasons for it.

These recommendations must be implemented within one year of the Notice of Occurrence being filed. If one of the parties is absent from work for more than 90 days, the employer has until one year after the filing or 6 months after they return to work – whichever is later.