Conducting Workplace Investigations

Posted on November 30, 2018 by Marijana Dabic

Workplace investigations are crucial when it comes to establishing a safe and welcoming work environment. There are many reasons you may have to conduct a workplace investigation, including:

Employee behaviour, including concerns of discrimination, harassment or threats
Suspected substance use
Violations of workplace rules and workplace theft

Investigations are often complex and can involve navigating sensitive topics and disputes. More than ever before, companies face irreversible reputational damage and negative publicity if they mishandle workplace investigations.

To navigate workplace investigations properly, detailed interviews are key. Interviews can provide a clear understanding of an incident and help employers determine what, if any, disciplinary action should be taken. Employers will want to decide:

Who to interview—Interviews should be conducted with respondents, complainants and witnesses at a minimum. It’s a good idea to only interview those who have information relevant to the case. It may also be helpful to have more than one investigator present during the interview.
What order to interview—Employers should be cognizant of the interview order. Generally, businesses should interview the complainant first, any witnesses second and the respondent third. Schedule follow-up interviews as needed. Each subject should be informed that the interview process is confidential.
What to ask during interviews—Questions should be written and prepared ahead of time. These questions should be a mix of open- and close-ended questions. Above all, interview questions should help investigators gather details related to times, dates, locations, individuals involved and other witnesses. Sample questions include:
1. What happened? When and where did it happen?
2. Who was present? Who did or said what?
3. Why did it happen? Is there evidence? Who else may have relevant information?

Interview responses and other relevant details should be recorded throughout the investigative process. Investigators should take detailed notes, which will help during the review process.

5 Tips to Make Your Passwords More Secure

Posted on November 23, 2018 by Marijana Dabic

Because identity theft and data breaches are becoming an ever-growing problem, it’s important to not only have a different password for each account, but to make those passwords easy to remember and hard to guess. The following are tips you can use to make your password harder to crack:

Change your passwords every 90 days. This might seem like a hassle at first, but hackers have a better chance at cracking your passwords if they never change. It’s also a good idea to avoid reusing passwords.
Make your passwords at least eight characters long. Generally, the longer a password is, the harder it is to guess.
Don’t use the same password for each account. Hackers target lower security websites and then test cracked passwords on higher security sites. Make sure each account has a different password.
Include uppercase letters and special characters in your password. Special characters include symbols like “#,” “*,” “+” and “>.” These symbols can make your password more complex and harder to guess.
Avoid using the names of spouses, kids or pets in your password. All it takes for a hacker to crack passwords that include these things is a little research on social media sites like Facebook and Twitter.

The Importance of Certificates of Insurance

Posted on November 16, 2018 by Marijana Dabic

No matter what industry you’re in, chances are your organization will, at some point, rely on the help of a third party to fulfill certain business needs. Regardless of who you work with, business arrangements with contractors and vendors can open you up to a number of risks—risks that need to be accounted for through insurance.

However, when accounting for risks related to contracted work, securing your own insurance is not always enough. It’s critical that your partners are covered as well. This is particularly important when you consider that, following an incident involving a contractor or vendor, your business could be the one held liable for any damages that occur.

To protect against this sort of risk, many organizations turn to certificates of insurance (COIs).

What is a Certificate of Insurance?

One of the main ways organizations manage and review the coverages of their partners is through COIs. A COI is a valuable—yet misunderstood—tool in the insurance industry. COIs are used across a variety of commercial business relationships and essentially serve as proof that a particular party has an insurance policy in effect.

While you may require your partners and vendors to carry insurance in your contracts, coverage needs can change quickly, making it necessary to regularly review the policies. In addition, contractors and vendors may not be honest about what risk management strategies they have in place, making you wrongfully assume you are protected.

Often only a few pages long, COIs are summary documents issued on behalf of an insurer that outline the name of the insurer and insured, essential terms and conditions, policy limits and the duration of the policy.

COIs also contain qualifying language that defines the document as informational. This means that COIs are not contracts or the legal equivalent of actual insurance policies.

The Purpose of COIs

For the insured, COIs serve as proof of coverage—proof that can be provided to customers, contractors or other third parties quickly and efficiently. COIs also indicate that the insured has the financial resources available to protect those who may be harmed by their actions.

It’s incredibly important for businesses to get COIs for every contractor or third party they bring onto a project. Even if you have worked with these third parties in the past and trust them, COIs prevent organizations from accidently taking on risks associated with the work of their subcontractors and vendors.

Before allowing contractors to perform work on your property or on your behalf, asking for a COI is a must. This can help you in several ways:

COIs can keep companies from taking on unnecessary risks if a contractor is responsible for a loss and is not properly insured.
COIs can provide protection in the event that a contractor is injured on your property while performing work.
COIs ensure organizations are compensated if contracted work is done improperly or not completed.

However, while collecting COIs is an important risk management strategy, there are a number of administrative considerations to keep in mind.

Managing COIs Effectively

Managing COIs can pose an administrative challenge, and businesses need to have procedures in place to collect and maintain them effectively. Many organizations choose to automate this process as much as possible, opting for systems that notify them when a COI is required but is no longer in effect.

In addition, when managing COIs, it’s important to ask yourself the following:

Is the COI provided on a proper form?
Is the company named on the COI the same as the one named in the contract?
Is the policy issued by a reputable insurer?
Is the COI signed by an insurance company or agency representative?
Are the types and limits of insurance listed on the form the same or greater than those required by you under the contract?
Are specific policy numbers listed on the certificate?
Are the dates of coverage adequate for the specified work?
Are there notice of cancellation provisions listed on the COI? Are they acceptable?
Does the COI indicate any special insurance requirements you have specified?
Do you require written contracts with every third party you work with, either by annual agreement for all work or by separate agreement for each project?
Are your files organized and do they account for contracts, COIs and any other additional insured endorsements?
Do you have a system in place (e.g., a certificate management system) for tracking expiration dates?

Learn More

Securing the right insurance policy, outlining specific insurance requirements in all contracts and requiring COIs can provide all parties with peace of mind. However, securing and managing COIs can be complicated, and it’s critical to enlist the help of an experienced insurance broker.

How New Rules for Police Record Checks Affect Ontario Employers

Posted on November 9, 2018 by Marijana Dabic

OVERVIEW

On Nov. 1, 2018, Bill 113, the Police Record Checks Reform Act, 2015, came into force in Ontario. Among other things, Bill 113 (the Act) standardizes the process for conducting police record checks, including checks requested by employers when screening an individual for employment purposes. The Act also limits the type of information that may be disclosed in response to a check.

These new changes could have a direct effect on employers, so it’s important to have a basic understanding of the Act.

BILL 113’s IMPACT ON POLICE RECORD CHECKS

As previously mentioned, Bill 113 looks to standardize how police record checks are performed. To accomplish this, the Act:

Outlines and defines three types of record checks—Under Bill 113, police officials may conduct three types of police record checks:
- Criminal record checks (includes applicable criminal convictions and findings of guilt under the federal Youth Criminal Justice Act)
- Criminal record and judicial matters checks (includes applicable criminal convictions and findings of guilt under the federal Youth Criminal Justice Act, absolute and conditional discharges, outstanding charges, arrest warrants and certain judicial orders)
- Vulnerable sector checks (includes information disclosed in a criminal record and judicial matters check, applicable findings of not criminally responsible due to a mental disorder, record suspensions related to sexually based offences and non-conviction-related information when a strict test is met)

Requires consent before a check can be conducted—In order for a record check to occur under Bill 113, record check providers must receive written consent from the individual the record check pertains to:

Before the check is conducted; and
Before the record check provider discloses information authorized for disclosure by the Act to the requesting organization or person

Specifies the type of information that can be disclosed in a record check—Bill 113 allows for the disclosure of certain types of information in relation to each type of check. However, Bill 113 only permits the disclosure of non-conviction information in response to a vulnerable sector check, provided the information satisfies the prescribed criteria for “exceptional disclosure.” Non-conviction information refers to details in instances where an individual was charged with a criminal offence, but the charge was dismissed, withdrawn, or resulted in a stay of proceedings or an acquittal. In the past, when potential employers carried out a police record check, they could receive a variety of non-conviction information, such as records of mental health detentions, complaints where charges were never laid, withdrawn charges and acquittals. This is no longer the case.
Limits the use of information—Bill 113 prevents individuals and organizations from disclosing the results of a check. However, information may be disclosed should it be requested or authorized by law.

CONSIDERATIONS FOR EMPLOYERS

Employers need to ensure that policies and procedures related to police record checks are in accordance with the new, standardized process. Of all the changes made by Bill 113, the following are the most noteworthy for employers:

Employers will no longer be able to obtain non-conviction information, unless the employer conducts a vulnerable sector check and the criteria for exceptional disclosure has been met.
Employers may not use or disclose the results of the check, unless it is requested or authorized by law.
Individuals being screened will be able to control the type of information disclosed.
Written consent for checks must specify the type of check that the individual is consenting to.
If a police record check is necessary, an employer will need to prepare for potential delays in obtaining the required information during the recruitment process.
Employers must take their Human Rights Code obligations into consideration when requesting or performing police record checks.

To learn more about Bill 113, employers should visit the government’s official page on police record checks.

The Cannabis Act is Now in Effect: What You Need to Know

Posted on October 30, 2018 by Marijana Dabic

While the medicinal use of marijuana has been permissible in Canada for some time, the Cannabis Act legalized the drug for recreational use nationwide as of Oct. 17, 2018. Also known as Bill C-45, this federal law is designed to establish a regulatory framework, particularly as it relates to the production, distribution, sale, cultivation and possession of cannabis across Canada.

Cannabis Act Items of Note

The following are some of the major items of note regarding the Cannabis Act:

Usage and growing limits—Those who are 18 years of age or older will be allowed to buy and grow a limited quantity of marijuana for personal use. Specifically, those of age can possess up to 30 grams of dried cannabis in public, share up to 30 grams of dried marijuana with other adults, and buy cannabis or cannabis oil from a provincially regulated retailer.
Criminal offences—The Cannabis Act will ticket individuals who exceed possession limits, enforce up to 14 years in jail for an illegal distribution or sale, and impose tough new penalties of up to 14 years in jail for those that give or sell marijuana to minors.
Provincial involvement—Under the Cannabis Act, the provinces and territories will authorize and oversee the distribution and sale of cannabis, which will be subject to minimum federal requirements. In areas where there is no regulated retail framework, individuals would be able to purchase cannabis online from a federally licensed producer via secure home delivery.

Recommendations for Employers

While it is uncertain how much the legalization of recreational marijuana will impact the workplace, it will likely have a direct effect on workplace health and safety, the use of motor vehicles for work purposes, the scope and type of disciplinary procedures, work performance and work attendance.

To appropriately respond to the Cannabis Act, employers should consider doing the following:

Review and understand cannabis legislation and guidelines that apply to the provinces in which they operate.
Review and amend existing workplace policies and procedures as needed. Provide copies of these policies to all employees.
Conduct a hazard and job-safety assessment.
Hold training sessions for all employees and managers.
Train management on how to identify signs of impairment and how to respond appropriately.

Addressing substance use and impairment in the workplace is a complex process. Employers are expected to establish policies and procedures for managing impairment and to do so in a confidential and empathic manner. In addition, if accommodations are necessary, employers must work alongside employees and medical professionals to ensure a collaborative, safe and healthy workplace.

This is a lot of responsibility, and it can be difficult to know where to turn to for supplemental information and assistance. In addition to seeking the advice of qualified legal professionals, your insurance broker can be an invaluable resource. Contact your insurance broker today to learn more.

Conducting Workplace Investigations

5 Tips to Make Your Passwords More Secure

The Importance of Certificates of Insurance

How New Rules for Police Record Checks Affect Ontario Employers

The Cannabis Act is Now in Effect: What You Need to Know

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