Chapter 2

Legal Context for HRM &

Creating
Safe & Healthy Workplaces

© 2019 McGraw-Hill Education

Limited
 Learning Objectives
LO1: Explain the overall context and legal framework
for HRM in Canada
LO2: Discuss major areas of employment legislation
including their relevance and implications for HRM
L03: Identify the requirements and implications of
workplace health and safety
L04: Discuss the ways employers promote worker
health and safety

Chapter • 2
PSPC – One of Canada’s Best
Diversity Employers
■Public Services and
Procurement Canada
(PSPC)
– Programs to eliminate
language-related barriers
– Annual Indigenous
Awareness Week
– Formal guidelines for
gender transition
– Employee resource groups

Chapter • 3
 Introduction
■ Federal, provincial, and territorial governments set
some limits on HRM
■ Can gain competitive advantage by going beyond
legal compliance
■ Link fair and respectful employment and worker
safety with business goals
■ Legal landscape for HRM is complex, evolving, and
differs among jurisdictions

Chapter • 4
 Valuing Diversity and Inclusion
■ Diversity
– Having people of different backgrounds and experiences
represented in the workplace
– About differences—can be calculated, tracked, and reported
■ Inclusion
– A sense of belonging and feeling respected, valued, and
seen as individuals
– About behaviour i.e. the “how” that creates the environment
that people experience

Chapter • 5
The Legal Framework for HRM
Federal (6%) – Partial list Provincial/Territorial (94%)
■ Banks All other businesses not
federally regulated
■ Air transportation
■ For example:
■ Radio & TV broadcasting
■ Retail & hospitality
■ Telecommunications
■ Hospitals & health care
■ Many First Nations
activities ■ Schools, universities, and
colleges
■ Federal departments
■ Most manufacturers
.

Chapter 2 • 6
 Protecting Human Rights
■ Discrimination
– Treating someone differently, negatively, or adversely
because of a prohibited ground
■ Direct discrimination
– Policies or practices that clearly make a distinction on
the basis of a prohibited ground
■ Indirect discrimination
– Policies or practices that appear neutral but have an
adverse effect based on a prohibited ground

Chapter • 7
Prohibited Grounds of
Discrimination (Partial list in most
jurisdictions) National & Religion or
Race
ethnic origin creed

Sex & Sexual

Age Colour
Orientation

Pardoned Marital & family

Disability
conviction status

Chapter 2 • 1
 How Would You Know?
■ Differential treatment
– Treating people differently on the basis of a prohibited
ground of discrimination
■ Bona fide occupational requirement
– A necessary (not merely preferred) requirement for
performing a job
■ Duty to accommodate
– Employer’s duty
– Extends to the point of undue hardship

Chapter • 9
Protection from Harassment
■Harassment
– Involves any unwanted
physical or verbal behaviour
that offends or humiliates
■Sexual Harassment
– Unwelcome behaviour that is
of sexual nature or related to
a person’s sex or gender
identity
– Quid pro quo or hostile
(poisoned) work environment

Chapter • 1
Employment Equity Groups

■ Women
■ Members of visible minorities
■ Persons with disabilities
■ Aboriginal peoples

Chapter • 11
 What Other Protections?
■ Protection of Privacy
– e.g. PIPEDA – Federal law for how private sector
organizations may collect, use, and disclose
personal information
■ Employment/Labour Standards
– Provides minimum standards e.g. minimum wages,
overtime pay, hours of work, parental leave
■ Pay Equity
– Equal pay for work of equal value
Chapter • 1
 How Are the Laws Enforced?
■ Human Rights Commissions
– The federal government, provinces, and territories have
Human Rights Commissions to provide oversight and
enforce laws
■ Privacy Commissioners
– Ensure compliance with relevant legislation
– Publish guidelines e.g. “Guidelines for Social Media
Background Checks”
■ Employment/Labour Standards Offices
– Hear complaints, conduct investigations and make rulings

Chapter • 1
Workplace Health & Safety
■ Values-based commitment to
safe operations as a way to
protect people
■ Internal responsibility
system
– Employers and employees
share responsibility
■ Workplace health and safety
committee
– Jointly appointed
Chapter 2 • 1
 Duties of Employers, Managers &
Supervisors
■ Establish and maintain health and safety committee
■ Take every reasonable precaution
■ Train employees about hazards
■ Supply personal protective equipment
■ Immediately report critical injuries
■ Appoint competent supervisors

Chapter • 1
 Contemporary Issues

■ Legalization of cannabis for recreational use

– Conference Board of Canada reports that workplace
safety and impairment or intoxication at work are
top concerns
■ Use of mobile devices
– Associated with distractions and hazards
■ Worker fatigue
– Safety risks and workplace incidents
Chapter • 1
Employee Rights
The right to The right to The right to
refuse participate know

In workplace health About actual and

Work that is unsafe
and safety activities potential dangers

Chapter • 17
 Enforcement

■ Federal, provincial, and territorial governments

■ Bill C-45 (Westray Bill)
– Amendment to the Criminal Code (2004)
– Places legal duties on employers
– Anyone who directs the work of others can face
criminal conviction for failing to provide for health
and safety in the workplace

Chapter • 1
 Psychological Safety
■ Has become a significant focus
■ Human rights legislation prohibits behaviours such as
harassment
■ Workplace violence is a broad problem
– Certain occupational groups more at risk e.g. health
care workers, teachers, social service employees,
EMS workers
– Includes threatening behaviour, verbal abuse, and
physical attacks
Chapter • 1
Workplace Fatalities in Canada

Chapter • 2
Lost-Time Claims in Canada

Chapter • 2
Employer-Sponsored Health &
Safety
Identifying & communicating job • Job hazard analysis techniques
hazards • Technic of operations review
(TOR)
• Various groups have specific
risks
Reinforcing safe practices • Safety incentive programs
• Focus on specific jobs/injuries
Employee health and wellness • Improve well-being & overall
health
• Encourage preventative
measures
• May be passive or active
Employee assistance program • Confidential, .short-term
counselling
• May provide broad range of
services Chapter • 2
 Summary
LO1: Many organizations take a strategic approach to valuing
diversity and health & safety
LO2: Major areas of employment legislation include preventing
discrimination, harassment, and sexual harassment; protecting
privacy; employment/labour standards; and ensuring equal pay
for work of equal value
LO3: All jurisdictions have health and safety protections based
on the internal responsibility system
LO4: Employers promote worker health and safety through
safety awareness programs, identification, and communication

Chapter • 2