Recognizing the Effects of Workplace Bullying

Anti-bullying | BCBusiness
New amendments to Bill 14 means employees can file WorkSafeBC claims for stress induced by workplace bullying.

WorkSafeBC will soon accept disability claims arising from stress and bullying at work, and employers will have to address the issue with formal policies.

There is no question that workplace bullying and harassment is costly to employers: lost productivity, absenteeism, employee attrition and human rights claims can be significant. The recent high-profile claims against the RCMP from existing or former employees alleging bullying and harassment also demonstrate that these claims can damage an organization’s reputation and brand.

Because of these costs, many employers already have policies addressing bullying and harassment. However, because of recent amendments proposed for the B.C. Workers Compensation Amendment Act, employers will also need to manage the risk of WorkSafeBC disability claims that may arise.

On May 2, 2012, the B.C. government introduced amendments to Bill 14 — Workers Compensation Amendment Act to address workplace bullying. Together with the changes to the act already proposed in the original version whereby employees would be able to make claims for disability arising from work-related stress, the bill will result in significant changes to how WorkSafeBC treats these kinds of claims.

Background

In November 2011, the government tabled Bill 14 to amend the Workers Compensation Act. The bill allowed workers suffering from cumulative work-related stress to apply for, and be granted, benefits. Previously, workers were only entitled to benefits for stress-related illness if the stress arose from sudden and traumatic
events.

New Amendments to Deal with Bullying

With the recent amendments to Bill 14, the definition of “violence” in the Workers Compensation Act will be expanded to include bullying, and employers will be required to implement formal plans to deal with bullying. The term “mental stress” in section 5.1 of the act will be changed to “mental disorder” and will now be compensable if it’s created by a significant stressor in the workplace.

For an employee to be eligible for compensation for a mental disorder, a diagnosis will be required from a psychiatrist or a psychologist, not simply a physician. Furthermore, the diagnosis must fall within the most recent American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. Thus, while the definition is expanded, Bill 14 will require more than an employee’s family physician’s say so, if compensation for mental disorder is to be awarded. Employers can be comforted by the fact the amendments clearly exclude from coverage any disorder that arises from discipline, termination of employment or a change in working conditions.

WorkSafeBC has also been tasked with developing a policy on bullying and harassment, as well as a toolkit for both employers and employees to help them understand and respond appropriately. The organization is seeking input from employers on both the policy and toolkit.

The changes to the Workers Compensation Act set out in Bill 14 will become effective on July 1, 2012. When it does, B.C. will join the ranks of Ontario, Manitoba, Saskatchewan and Quebec, which have addressed bullying and harassment either through changes to health and safety legislation or employment standards legislation.  (Federal workers in Canada have been protected from workplace bullying since 2008 through amendments to the Canada Occupational Health and Safety Regulations).