In condominium communities, the focus is often on property management, resident satisfaction, and maintaining a harmonious environment. However, one of the most critical yet sometimes overlooked aspects of running a condominium corporation is safeguarding against workplace violence and harassment. This issue extends beyond resident interactions to include employees, contractors, and other workers who help maintain and manage the property. By addressing these concerns head-on, condominium corporations can ensure a safe and supportive environment for both their employees and residents.
Don’t forget to check out our other blog posts in the “Harassment in Condos” series:
2 of 6: “Harassment in Condos: A Troubling Trend and Its Impact on Condo Managers and Property Management Companies”.
4 of 6: “Getting Proactive About Preventing Harassment in Condos: Coming Together as a Community of Condo Managers, Directors, Vendors, and Residents”.
Workplace Violence and Harassment in Condominiums
Legal Responsibilities Under the OHSA
In Ontario, the Occupational Health and Safety Act (OHSA) plays a crucial role in protecting employees from workplace violence and harassment. Under the OHSA, condominium corporations are legally recognized as employers, and their properties are designated as workplaces.
This legal designation places the responsibility squarely on the shoulders of condominium corporations to ensure the safety of their workers, which may include superintendents, administrative staff, contractors, and other personnel.
Understanding Violence and Harassment in Workplace
Workplace Violence includes any form of physical force or threats that could cause harm to an employee. This can also encompass domestic violence when it spills over into the workplace. For example, a partner or former partner may target an employee with threats or violence at their workplace.
Workplace Harassment, on the other hand, refers to a series of unwelcome comments or actions that are vexatious in nature. This includes both general harassment and sexual harassment, such as inappropriate comments related to gender identity or sexual orientation.
Harassment can involve a single incident or a pattern of behavior, making it essential for corporations to define these issues clearly and adopt appropriate processes to address them.
The Corporation’s Obligations: Policies, Programs, and Procedures
Condominium corporations, as employers under the OHSA, have a legal obligation to provide a safe, harassment-free workplace for their employees. This responsibility extends to implementing policies, conducting risk assessments, and fostering a culture of accountability and safety. To meet these obligations, corporations need to take several key steps:
Drafting Written Policies
Corporations are required to draft and maintain written policies that specifically address workplace violence and harassment. These policies should be reviewed annually and prominently posted in the workplace if the corporation has six or more employees. Even if the corporation has fewer than six employees, it is strongly recommended to maintain written policies to ensure clarity and consistency.
Conducting Risk Assessments
Condominium corporations should conduct regular risk assessments tailored to their specific workplace environment. This includes considering the nature of operations, the types of workers involved, and the risks associated with the physical property itself. The insights gained from these assessments will help shape policies and strategies for mitigating potential risks.
Implementing Workplace Programs
Once policies are in place, corporations must establish comprehensive programs to ensure that these policies are not just words on paper, but actively protect employees. These programs should include clear procedures for reporting workplace violence and harassment, conducting confidential investigations, and notifying workers about the outcomes of these investigations.
Regular Training and Education
For workplace violence and harassment policies and programs to be effective, regular training is essential. Board members, managers, and employees alike must be educated about their roles in maintaining a safe and respectful workplace. This training helps workers recognize potential issues early and respond appropriately, which can significantly reduce the risks associated with violence and harassment.
Beyond Policies: Rules for Residents
While policies on violence and harassment apply to employees, they often don’t extend to residents. To bridge this gap, condominium corporations are encouraged to create rules that specifically address violence and harassment within the resident community. These rules help ensure that the same values of safety and respect are upheld throughout the condominium, not just in the workplace.
Policies vs. Rules:
Policies: Internal guidelines outlining the corporation’s commitment and procedures regarding workplace violence and harassment.
Rules: Legally enforceable guidelines that apply to all residents, creating a safer and more respectful community.
By setting these enforceable rules, corporations can promote shared responsibility, ensuring all members of the community—employees and residents alike—are accountable for maintaining a positive environment.
Practical Tips for Condominium Corporations
To help condominium corporations navigate these legal and practical responsibilities, here are some actionable steps they can take:
Annual Policy Reviews: Regularly review and update policies to ensure they align with legal changes and evolving community needs.
Training: Provide ongoing training for all staff members and board members on recognizing and addressing workplace violence and harassment.
Open Communication Channels: Foster an environment where employees feel comfortable reporting incidents without fear of retaliation.
Community Education: Educate residents about the corporation’s policies and their role in maintaining a safe and respectful living environment.
Be Proactive: Don't wait for an incident to occur. Proactively address workplace violence and harassment through training, risk assessments, and clear communication.
Check out more of our articles about Harassment in Condos:
Workplace Violence and Harassment in Condominiums
Workplace violence and harassment are not just legal concerns—they are fundamental issues that affect the well-being of employees and contractors working within the condominium community.
Condominium corporations that address these issues head-on, through clear policies, risk assessments, education, and resident rules, create safer and more respectful environments for all.
By taking proactive steps, condominium corporations can ensure they meet legal obligations and foster a culture of safety and respect, benefiting both employees and residents. As the industry continues to evolve, tackling workplace violence and harassment will remain a key aspect of effective property management.
-Stratastic Inc.
Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.
P.S. Subscribe now for more insights like these, into all things Condoland!
תגובות