Workplace Violence Policy requirements following amendments to The Saskatchewan Employment Act

Last year, the Government of Saskatchewan passed An Act to amend The Saskatchewan Employment Act, 2023, which amends provisions of The Saskatchewan Employment Act (the “SEA”), including workplace violence policy obligations for employers.

Previously, section 3-21(1) of the SEA only required employers operating at a “prescribed placed of employment where violent situations have occurred or may reasonably be expected to occur” to develop and implement a Violence Policy Statement and Prevention Plan (“Violence Policy”). Effective May 17, 2024, the amendments introduced will broaden this requirement to all provincially-regulated workplaces.

Additionally, prior to the coming into force of these amendments, the SEA did not explicitly require employers to conduct an investigation into any incidents of violence at the workplace. Beginning on May 17, 2024 however, an investigation must be conducted by the employer with respect to all incidents of workplace violence.

What does this mean for employers?

It means that all provincially-regulated Saskatchewan employers must implement a Violence Policy which meets the requirements outlined in Part III of the SEA and s. 3-26(3) of The Occupational Health and Safety Regulations, 2020. This mandates that the Violence Policy be in writing and include the following:

• the employer's commitment to minimize and eliminate risk and review and update the plan every three years;
• identification of the worksite(s) where violent situations have occurred or may occur;
• identification of staff positions that have or could be exposed to violent situations;
• the procedures to inform workers about the nature and risk of violence at their place of employment, and any information the employer has about persons who have a history of violent behaviour who could become a risk to the workers;
• the actions an employer will take to minimize and eliminate the risk of violence including:
  • providing personal protective equipment;
  • establishing administrative arrangements; and
  • engineering controls (e.g., surveillance cameras);
• the procedures for reporting a violent incident to the employer;
• the procedures the employer will follow to investigate violent incidents;
• a recommendation that workers who have been exposed to violent incidents consult a physician for treatment or obtain a referral for counseling; and
• a commitment to provide a training program for workers that includes information about:
  • how to recognize potentially violent situations;
  • procedures, work practices, administrative arrangements and engineering controls that have been developed for their protection;
  • how to respond to violent incidents and obtain assistance; and
  • procedures for reporting violent incidents.

Employers may also benefit from reviewing their other workplace occupational health and safety policies and making any necessary updates to comply with the legislative amendments.

If you require assistance with implementing or reviewing policies in your workplace, McDougall Gauley’s Labour and Employment team has experience advising and assisting employers with respect to their legal obligations in this area.