The long awaited DSM-5 has arrived and the controversy rages. Meanwhile, no matter what employers may think about the changes, they have no choice but to deal with the inevitable fallout. DSM-5 is the “Diagnostic and Statistical Manual of Mental Disorders” as newly revised from the previous DSM-IV. It was formally introduced this week by… → Read More
WorkSafeBC’s Board of Directors has just published 3 new Occupational Health and Safety policies concerning workplace bullying and harassment. The following new policies take effect on November 1, 2013: · Employer Duties – Workplace Bullying and Harassment – D3-115-2; · Worker Duties – Workplace Bullying and Harassment – D3-116-1; and · Supervisor Duties –… → Read More
Tragic cases and more mundane legislative changes have everyone talking about bullying and harassment. For employers it is necessary to take a step back and consider what is not workplace bullying and harassment. In BC in particular, with the advent of the new mental disorder provisions of the Workers Compensation Act, there has been a surge… → Read More
In earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
A recent piece in the Vancouver Sun highlights some concerns with new mental illness diagnoses that likely are coming to your workplace. The Diagnostic and Statistical Manual of Mental Disorders is being revised. When DSM V comes out next May we will see new mental disorders and broadened definitions of existing disorders. It’s important because the DSM is basically the… → Read More
An employee in Ontario is facing a charge under that province’s Occupational Health and Safety Act. It is not for causing an injury. It is not for participating in unsafe work practices. He is being charged for failing to report an unsafe work situation that he observed. This is not a BC case, so it… → Read More
The bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
The new provisions in BC’s Workers Compensation Act about mental stress, bullying and harassment took effect July 1, 2012. See our previous post for a description of the changes.
The British Columbia government has introduced legislation to modify the WorkSafe BC approach to mental stress, and to compensate for bullying and harassment in the workplace. The proposed amendment to the Workers Compensation Act (British Columbia) is significant and will result in new types of claims for compensation under the Act. It is hard to predict… → Read More