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Role of Employers

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Below is a summary of the responsibilities employers and supervisors have under The Saskatchewan Employment Act to prevent and address workplace harassment.

Duties of Employers

For the purpose of duties in the workplace a worker includes a student that the employer allows to perform work or who is being trained by the employer.

  • Employers are required, as far as is reasonably practicable, to ensure the, safety, and welfare of their workers.
  • Employers are required, as far as is reasonably practicable, to ensure that workers, volunteers, and independent contractors are not exposed to harassment in the workplace.
  • Employers are required, as far as is reasonably practicable, to ensure that the activities of workers do not negatively affect the health, safety, or welfare of other workers, the employer or self-employed people in the workplace.
  • Employers are required to have and follow a written Harassment Prevention Policy.
  • Employers are required to ensure that an investigation is conducted into any incidents of workplace harassment.
  • Employers are required to prevent the alleged harasser, or others, from taking action against a worker because they made a complaint.
  • Employers themselves are also required to not take any action against a worker because they made a complaint.

What does reasonably practicable mean?

Employers and supervisors need to perform some duties as far as is reasonably practicable. Practicable means that it is possible. What is reasonably practicable depends on weighing the cost - in time, trouble and money – against the benefit of the action. If the cost outweighs the benefit by a considerable amount a prevention activity may not be considered reasonably practicable. This means that the more serious the possible consequences are the more costly steps need to be taken to stop it from possibly happening.

Employers’ duties extend to...

  • incidents that occur at the workplace or during work hours
  • conduct of workers, supervisors and of the employer themselves
  • incidents that occur outside of the workplace or after work hours that are connected to a worker’s employment, such as work-sponsored social events or conferences
  • conduct of third parties (discussed below)

Duties of Supervisors

  • Supervisors are responsible, as far as is reasonably practicable, for ensuring the health and safety of workers under their direct supervision and direction.
  • Supervisors must ensure that workers under their supervision comply with health and safety standards.
  • Supervisors are also required, to the extent that is reasonably practicable, to ensure that workers, volunteers and independent contractors under their direct supervision and direction are not exposed to harassment in the workplace.

Third Party Harassers

It is important to remember that workplace harassment includes harassment by more than just co-workers or employers – customers, clients, patients, contractors and others could be responsible for workplace harassment. Employers may have limited ability to investigate the conduct of third parties or to control inappropriate behaviour.

However, employers are required to take reasonable steps to prevent their workers from being harassed, regardless of who is responsible for the harassment. Steps an employer can take include posting an anti-harassment policy where it can be seen by third parties. They can also authorize workers to refuse service and ask the harasser to leave the workplace.

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