Law to Prevent and combat psychological harassment and sexual violence in the workplace - effective September 27, 2024
By Adrienn Lukács
September not only marks the start of school, but also the approaching deadline of September 27, 2024 for workplaces to implement the Law to Prevent and combat psychological harassment and sexual violence in the workplace. Just to clarify, prior to the September 27, 2024 deadline it had already been mandatory for employers to have a psychological harassment and sexual violence policy in place; however, from now on, there are also specifications available on what exactly has to be included in the policy and the accompanying procedures.
What does this mean for our non-profit?
Simply put, to ensure a safe environment for all workers, employers must have a policy and related procedures in place to prevent and address psychological harassment and determine how to go about it if it occurs. Employers also have to ensure that it's easily accessible for everyone at the workplace, like having access to it internally online or displaying it in a place where all staff can see it. As both employers and workers play a role in preventing harassment, it's a good idea to involve staff in developing the policy.
What has to be in the policy? According to CNESST, organizations must:
Have methods and techniques in place to identify, control, and eliminate the risks of psychological harassment, including those related to behavior of a sexual nature, whether it's through words, actions, or gestures.
Offer information and training programs that are specifically designed to prevent psychological harassment for all workers, and for those designated by the employer to handle complaints or reports.
Include some helpful recommendations for how workers have to conduct themselves during work-related social activities.
Have procedures ready in place to support your employees in case you ever need to make a complaint or report to the employer.
Identify the people who are designated to receive and handle complaints or reports.
Take measures to ensure the protection of individuals affected by psychological harassment, as well as those who have assisted in processing a related complaint or report.
Have a clear process in place to address psychological harassment if it arises, including when an investigation needs to take place.
Ensure the confidentiality of complaints, reports, information, and documents received.
Ensure the confidentiality of documents created or obtained while addressing incidents of psychological harassment, with a minimum retention period of 2 years.
The act is effective on a rolling basis. Although the act came into effect earlier this year in March, there are certain elements that have to be added by September 27, 2024. Furthermore, by October 1, 2025, measures that concern, in particular, the provision of training, the investigation process and the confidentiality of handling complaints or reports will also have to be integrated into organizations’ action plans and policies for preventing and managing psychological harassment.
Feeling overwhelmed and unsure how to squeeze in another task when your plate is full to write a comprehensive policy and procedures before September 27, 2024? No need to panic! CNESST offers a free template in French. If you want more comprehensive and expert-supported guidance in English, Social Impact Consulting has developed a package for nonprofit organizations to comply with this law. Reach out to us for a quote (we have a sliding scale) and consult us on how to implement this efficiently.
We’ve got your back so you can create a safe environment for your workers!
Recommended further readings:
Based on publicly available resources, such as CNESST - La Commission des normes, de l’équité, de la santé et de la sécurité du travail