HRM Legal Context & Safe Workplaces

Legal Context for HRM & Creating Safe & Healthy Workplaces

• Federal, provincial, and territorial governments set some limits on HRM
• A competitive advantage can be gained by going beyond legal compliance
• There is a critical link between fair and respectful employment, worker safety, and general business goals
• The legal landscape for HRM is complex, ever-changing, and it differs among jurisdictions

The Legal Framework for HRM

• Federal responsibilities cover 7% of businesses, while provincial/territorial responsibilities cover 93%
• Federal jurisdiction includes:
• Banks
• Air transportation
• Radio & TV broadcasting
• Telecommunications
• Many First Nations activities
• Federal departments
• Provincial/territorial jurisdiction includes:
• Retail & hospitality
• Hospitals & health care
• Schools, universities, and colleges
• Most manufacturers

Major Areas of Employment Law in Canada: A Summary

• Federal Jurisdiction:
• Enforces the Canadian Human Rights Act for human rights.
• Enforces the Canada Labour Code (Part III) for employment/labour standards.
• Enforces the Canada Labour Code (Part II) for occupational health & safety.
• Enforces the Canada Labour Code (Part I) for Labour/Industrial Relations
• Provinces/Territories Jurisdiction:
• Enforces jurisdiction specific Human Rights Act/Code for human rights
• Enforces jurisdiction specific Employment/Labour Standards Act for employment/labour standards
• Enforces jurisdiction specific Occupational Health and Safety Act for Occupational Health & Safety
• Enforces jurisdiction specific Labour (Relations)/Trade Union Act/Code for Labour/Industrial Relations

What's New in Canada – A Sampling

• Wage-fixing and no-poach agreements have become illegal
• Accessibility in employment is increasingly ensured through inclusive language and standards
• Gig workers are entitled to a minimum wage
• Pay transparency requires the inclusion of salary information in job ads along with no prohibition on employees discussing wages
• New rules for recruiting may require the disclosure of any use of AI to screen, assess, or select candidates

Valuing Diversity and Inclusion

• Diversity refers to having people of different backgrounds and experiences represented in the workplace
• Diversity metrics include tracking and calculating differences
• Inclusion refers to a sense of belonging, feeling respected, valued, and seen as individuals
  • Inclusion can be measured by gauging the "how" that creates the environment people experience.
  • DEIB initiatives include social justice aspects that requires representation and must account for diversity
• Equity accounts for diversity and requires representational equity

DEIB Metrics

• DEIB Metrics include outcome metrics and process metrics.
• Allies actively promote welcoming environments and act as allys
• Allyship can be shown by promoting equity, fairness, and inclusion through relationships and public sponsorship

Equity & Fairness – Protecting Human Rights

• Discrimination is defined as treating someone differently or negatively because of a prohibited ground
  • Prohibited grounds of discrimination include: Race, age, disability, gender, or religion.
• Direct discrimination involves policies or practices that clearly make a distinction based on a prohibited ground
• Indirect discrimination involves policies or practices that appear neutral but have an adverse effect based on a prohibited ground

Employment Equity

• Designated Groups: are women, members of visible minorities, persons with disabilities, and Indigenous peoples (Aboriginal peoples)
• Aims to increase representation to reflect labor market availability and remove workplace barriers to accessing jobs, training, promotions, and career development

Differential treatment

• Involves treating people differently on the basis of a prohibited ground of discrimination
• Includes microaggressions, which are subtle but impactful

Bona fide occupational requirement

• A necessary (not merely preferred) requirement for performing a job

Duty to accommodate

• An employer's duty extends to the point of undue hardship

What Other Protections?

• Protection of Privacy: PIPEDA is a federal law governing how private-sector organizations collect, use, and disclose personal information, including responsible development and use of generative Al
• Employment/Labour Standards: Provides minimum standards such as minimum wages, overtime pay, hours of work, and parental leave
• Pay Equity: Equal pay for work of equal value is legislated, however the Conference Board of Canada reports a 19% income gap between men and women, in 11th place globally

Workplace Health & Safety

• Values-based commitment to safe operations protects people with Internal responsibility systems
• Responsibility is shared between employers and employees with a workplace health and safety committee (jointly appointed)
• Safety-sensitive positions are those that, if not performed safely, cause direct and significant damage or injury to employees, others, the public, or the immediate environment
  • Safety sensitive positions include Mine workers, Transportation workers, Oil, gas & energy workers, Warehouse workers

Duties/Responsibilities of Employers, Managers & Supervisors

• Establish and maintain a health and safety committee
• Take every reasonable precaution
• Train employees about hazards
• Supply personal protective equipment
• Immediately report critical injuries
• Appoint competent supervisors

Duties/Responsibilities of Employees

• Work in compliance with OH&S requirements (including reporting safety incidents)
• Use personal protective equipment and clothing directed by employer
• Report workplace hazards and dangers,
• Works in a manner as required by the employer

Health and safety risks

• Associated with gaps between work rules and workplace practices
• Espoused values vs. enacted values
• Discrepancies may exist between good intentions and actual practices

Employee Rights

• The right to refuse unsafe work
• The right to participate in workplace health and safety activities
• The right to know about actual and potential dangers