UBC Phar400-employment law-02mar2012

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  • Finding, hiring, training, motivating, coaching, disciplining, and developing employees is one of the highest priorities in any business.
  • Long link:
  • Consider the human cost of staff turmoil (which is impossible to put a $$$ figure against) and the legal costs of disputes.
  • The four primary areas of employment laws will be discussed in more detail. Plus how PIPA applies to employees.First a few thoughtstarters…
  • Since the mid-1960s, federal and provincial legislation has greatly influenced human resource management.As a result, employers must ensure that managers and supervisors, as well as employees, understand the company’s and their obligations under the laws. For example, decisions as to who will be hired must be done without regarding to race, gender, religion, etc.
  • Poor HRM = a significant potential liability for any business in human and financial terms.
  • Today we are going to focus on the 10%... But first Leadership, Communication and Systems are the key to fairness and consistencyThe best way to create a positive workplace and combat workplace negativity is to keep it from occurring in the first place. 1. Make opportunities available for people to express their opinion about workplace policies and procedures. 2. Treat people as adults with fairness and consistency. Develop and publicize workplace policies and procedures that organize work effectively. Apply them consistently. 3. Do not create “rules” for all employees, when just a few people are violating the norms. 4. Help people feel like members of the in-crowd; each person wants to have the same information as quickly as everyone else. Provide the context for decisions, and communicate effectively and constantly. 5. Afford people the opportunity to grow and develop. Training, perceived opportunities for promotions, lateral moves for development, and cross-training are visible signs of an organization’s commitment to staff.6. Provide appropriate leadership and a strategic framework, including mission, vision, values, and goals. People want to feel as if they are part of something bigger than themselves.7. Provide appropriate rewards and recognition so people feel their contribution is valued. The power of appropriate rewards and recognition for a positive workplace is remarkable.
  • Effective communication is a learned skill.Communicating effectively with others will do more to make you successful than any other skill that you can develop.Three Elements of Direct Face to Face CommunicationFor effective communication all three parts of the message must work together and be consistent with each other.Words only account for 7 % of any message. Tone accounts for 38%. Emphasis and tone have the power to completely change the message that is being communicated. Often, when you say something to a person and they become offended. They tell you that it was your tone of voice that was the issue.Body language accounts for 55%. The most important part of good communication is clarity. Ask or say something clearly and then wait calmly and patiently for a complete answer.Ask questions to uncover real needs and concerns. Seek first to understand, then be understood.
  • Leadership is about motivation and getting employees to want to follow you.Talk to the head; but SPEAK to the heart
  • Forget customer service. It’s all about the customer experience. That is what they remember and tell others about and why they will come back.Give me five minutes shopping in a store and I can usually tell you how the staff feels about working there.How employees act with customers and each other will directly affect every company’s bottom-line.
  • The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians.It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada.The Federal Government and every Canadian province have legislation dealing with human rights, as well as human rights commissions to administer that legislation. They work together to ensure that the rights of every Canadian are protected and that all people are treated with equality and respect. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems.Each province has its own human rights law, usually called a Code in BC, that covers other types of organizations not included under federal legislation. Like...Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, as are provincial governments themselves.
  • In Canada, our domestic human rights laws operate in two jurisdictions: the federal and the provincial. At the federal level, the Canadian Human Rights Act is administered and enforced by the Canadian Human Rights Commission and Tribunal, and at the provincial level, the British Columbia Human Rights Code is administered by the BC Human Rights Tribunal. Both pieces of legislation are similar in the protections they provide although slight variations do exist. Neither the federal nor the provincial legislation trumps or supercedes the other. Rather, the appropriate legislation is determined according to which level of government regulates a specific area.
  • The most important human rights legislation at the federal level is the Canadian Human Rights Act.
  • Human Rights law protects individuals and groups from discrimination and harassment in many areas of employment.First and most important thing that is managed when it comes to Human resource Management.
  • If another statute, such as the Worker's Compensation Act, conflicts with it, the HR Code takes priority.Trumps everything else.
  • Effect not intention;Means that even if the person responsible for an action or comment didn’t “mean it”.Examples;Holding a required staff meeting at a time when religious services prevent some people from attending.A long standing policy to test new employees that is applied to new immigrantsAn older building that isn’t built for disabled persons
  • Harassment should be addressed by every employer and understood by each employeeWorkplace/Sexual harassment is illegal whether it happens in after-hour meetings to discuss work issues, business trips, office parties or lunch meetings.Employers must investigate and deal with any harassment allegation.
  • Re: the conviction point i.e. DUI
  • Recruitment and selection; interviewing, reference checking; When starting the recruiting process, it is important to be aware of certain legal issues in order to minimize risk. Job postings: You must not publish job postings or advertisements that give preference to: The Prohibited GroundsThe interview; Need to ensure the interview process is not intentionally or unintentionally asking questions on prohibited grounds. It is important to describe the job and requirements in a way that gives all applicants a chance to apply. For example, if a position requires regular overtime and has an irregular schedule, do not ask: “Do you have children?” as you would be assuming a person with children could not work longer hours. To ensure the candidate can work the schedule you need, you should ask: “This job requires regular overtime and has an irregular schedule, can you meet this requirement?” If a job requires heavy lifting, do not ask: “Do you have a bad back or any medical issues?” as you might be discriminating against a candidate with a disability. To ensure the candidate can meet the physical requirements for the role, you should ask: “This job requires periods of heavy lifting for most of the day. Are you able to do this?”Making the offer; In all steps of the recruiting process, remember the prohibited grounds and make sure all questions are asked in a way that gives all applicants a fair chance to respond based on your job needs. Minimize the risk and chance that you might be charged with discriminatory hiring practices. Checking referencesImportant: you cannot ask questions that you would not ask during the interview. For example, just as you cannot ask a candidate about a disability in the interview process, you cannot then ask their former employer, “How many sick days did they take last year?” However, you can ask if they were reliable and punctual. Social MediaMany unanswered questions about whether or not social media can be used in reference checking; still emerging; Especially after last year’s riotsSo what are employers doing? They are checking online before they even call people for interviews.
  • The provincial legislation, the BC Human Rights Code, applies to employers, service providers and all provincially regulated businesses and agencies. Examples of provincially regulated areas include:
  • If you are an employer in B.C., for most occupations the applicable legislation is the British Columbia Employment Standards Act. The Employment Standards Act of British Columbia, is legislation enacted by the provincial government to protect the rights of working people.
  • This Act applies to all employees other than those excluded by regulation. None of them are retail.If a collective agreement (or union contract) contains no provision respecting a matter set out in a provision, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms.Means that at the minimum employment standards are automatically included in a union agreement.Also means that if there is no provision mentioned in a CBA then the ESA is in force. For example; dispute resolution.
  • Wages and benefits; To employees, payday is an important event, and it’s something you MUST get right – every time.Pay administration; The ESA sets out obligations with respect to paying employees and maintaining payroll records. Paydays ; The ESA requires that employees be paid their wages at least twice a month, and within eight days of the end of a pay period. How wages are paid; Wages can be paid in a number of different ways, including by cash, cheque, draft or money order. Wages can also be paid through direct deposit into an employee's bank account, but only when this method is authorized by the employee or in a collective agreement.Payroll records; Employers must keep payroll records for all employees during their employment and for a period of two years after the employment terminates. Includes managers or salaried employees. Deductions; Except as required or permitted by law, it is a violation for an employer to directly or indirectly withhold or deduct any part of an employee’s wages for any purpose. Deductions that would violate the act may include deductions to cover shortfalls due to theft, employee damage to property or inventory, cash handling mistakes by employees, or any other circumstance in which an employee has caused loss to an employer.Assignments: An assignment is really just a form of formal permission, given by an employee to the employer, to deduct a certain amount from his or her wages. An assignment serves as an exception to the rule that prohibits employers from directly or indirectly withholding or deducting any part of an employee’s wages.Assignments arise most typically in two circumstances. Family Maintenance Enforcement Act. Union dues.
  • The BC Labour Relations Board is an independent, administrative tribunal with the mandate to mediate and adjudicate employment and labour relations matters related to unionized workplaces.As a result, not all organizations are covered by this legislation--only those that have unionized employees.
  • The Labour Relations Code is primarily concerned with collective bargaining and labour management relations in this province. Code guarantees the right of every employee to join a union.The Labour Relations Code (the "Code")governs all aspects of collective bargaining amongst the provincially-regulated employers and employees. Code provides the means for union to be legally recognized as the exclusive bargaining agent for those employees. Called “certification” and carries certain rights and obligations. The union acquires the right to bargain with the employer on behalf of the employees it represents (the bargaining unit). The union has the duty to represent all of the employees in the bargaining unit, whether or not those employees are members of the union.The Code provides various types of assistance to the parties to resolve both mid-contract and collective bargaining disputes.Notably grievance procedures, mediation and arbitration.The LRB sets up and conducts the mediation and arbitration.
  • Provisions governing wages, hours, overtime, discipline, promotions and transfers, training, health and safety, medical and health insurance, pensions, vacations and holidays, work assignments, seniority and the like.Is not a contract of employment; employees are hired separately and individually, but the tenure and terms are regulated by the CBA.The resolution of contract disputes is through a grievance procedure.Or by a private alternative dispute resolution mechanism, mediation or arbitration, usually the latter.
  • There are a few exemptions; none apply to retail.This legislation also provides a monetary payment if a person is injured on the job.
  • Employees' have a right to refuse to work without fear of reprisal if they believe it is unsafe for themselves or someone else. Legislation provides guidelines on specific rights, procedures, and penalties for non- compliance
  • Everyone must commitment to a safe and healthy workplace. Practices and behaviour aimed at preventing injury and disease and promoting good health. Framework for dealing with health and safety issues to help organizations comply with legal requirements.
  • Smoking and scents; OSH may include support for smoke cessation programs. The increasing prevalence of sensitivities to fragrances and allergies may trigger a need for a scent free policy.Workplace violence: Some workplaces and work situations are at higher risk than others. Robbery prevention and/or Hostage situationDealing with difficult or hostile customers.The CCOHS website covers workplace violence in detail.Working alone: No jurisdiction prohibits working alone. Some jurisdictions have specific legislated guidelines on working alone - for example, working at a worksite where assistance in case of emergency or illness is not readily available. Blood borne pathogensThis policy usually addresses precautions to be taken to ensure protection from the spread of blood borne pathogens such as HIV. Substance abuseSubstance abuse can impair work performance and increase absenteeism and the likelihood of accidents.The website for the Canadian Centre for Substance Abuse has current information on pre-employment testing, employer and employee rights and the application of human rights legislation.
  • Consider this list of stuff for starters...Employers and employees share responsibilities for making sure work environments are healthy and safe. Encourage everyone in your workplace to be accountable for health and safety.
  • Health and Safety committee; must hold regular meetings with minutes.Less than 20 workers a less formal requirement for meetings and minutes.An employer cannot unilaterally assign Health & Safety hours or duties to whomever they choose on the committee.Here are some key elements to cover in an OSH policy:Individual responsibilitiesWorkplace rules and procedures Employee orientation and trainingWorkplace inspections (preventive action)Reporting and investigating accidents and health and safety incidents Emergency procedures, medical and first aidHealth and safety committee (required in most provinces and territories in workplaces with a specified minimum number of employees)
  • WorkSafeBC is dedicated to promoting workplace health and safety for the workers and employers of this province. Consult with and educate employers and workers and monitor compliance with the Occupational Health and Safety Regulation.In the event of work-related injuries or diseases, WorkSafeBC works with the affected parties to provide return-to-work rehabilitation, compensation, health care benefits, and a range of other services.Assessments are a % of payroll and are based on classificationThe 2011 basic rate for retail Pharmacy is $0.72/$100.00 of payroll to a maximum wage per worker of $73,700/yearIncludes all work places whether union or not.Reporting Injuries to WorkSafeBCOwners and employers must immediately report accidents that resulted in death or the risk of death. They must report work related injuries and diseases within three days. Written report with witnesses.
  • FIPPA allows access to information held by public bodies (such as ministries, universities and hospitals) and determines how public bodies may collect, use and disclose personal information. PIPA sets out how private organizations (including businesses, charities, associations and labour organizations) may collect, use and disclose personal information
  • .
  • There are a number of legal requirements to consider when establishing employee records policy and procedures.
  • Employee Files and confidentiality; Organizations should be intentional regarding the information they keep in employee records to ensure privacy, and to manage administration and storage costs.The employee file must contain...The employee’s name, date of birth, occupation, telephone number and residential address; date the employment began; employee’s wage rate, whether paid hourly, by salary, commission, flat rate, piece rate or on some other basis; hours worked on each day, regardless of how the employee is paid; benefits paid to the employee; employee’s gross and net wages for each pay period; amount of and reason for each deduction made from the employee’s wages; dates of the statutory holidays taken by the employee and the amounts paid; dates of the annual vacation taken, the amounts paid, and the days and amounts owing; dates taken and amounts paid from the employee’s time bank, and the balance remaining.Other recordsEmployers are also required to keep records of agreements made with employees regarding: Substituting another day for a statutory holiday;Implementing an averaging agreement; and Reimbursing employees for cleaning and maintaining special clothing.The employee file should contain There are a number of items, in addition to information that is legally required, that organizations usually keep in employee records:Employee's resume; Letter of employment/employment contract; Performance related documentation including information such as appraisals, commendations, and disciplinary action; Tax forms Security of personnel filesOrganizations should establish a secure location for storing employee records - most often this location is a locked filing cabinet in a locked office, usually belonging to the executive director or the HR professional on staff.Employee accessAn employee has the right to review his or her own employee records. Organizations should specify how employees get access to their employee records. Compliance with the Act does not require the employer to hand over the entire personnel file to the employee. The key to dealing with access requests is to understand what types of information are covered by the Act and which categories of information must be disclosed to the employee.
  • To your business and professional success, thank you.

Transcript

  • 1. March 2, 2012Gerry Spitzner retailSOS.ca
  • 2. One of the biggest issues facing Canadian Businesses today is...
  • 3.  The Most Common Areas of Dispute ◦ Employment Contracts—interpretation and enforceability of terms, conditions and clauses. ◦ Employment Dismissals / Terminations—wrongful, constructive and for cause. ◦ Notice for Terminated Employees—disputes over severance packages and terms of dismissal. ◦ Workplace Issues—harassment, violence, privacy, electronic media use, disability, medical leaves and absenteeism. retailSOS.ca Gerry Spitzner 4
  • 4.  Overview of the main BC Employment and Labour Laws that govern the workplace Disclaimer: These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek competent legal advice concerning any specific issues affecting you or your business. retailSOS.ca Gerry Spitzner 5
  • 5.  What‘s the difference? ◦ EMPLOYMENT LAW in Canada generally refers to the law governing the relationship of an individual employee to an employer, ◦ as distinguished from LABOUR LAW, the law of unionized COLLECTIVE BARGAINING relationships. ◦ Employment law is concerned mainly with wrongful dismissal, and a complex mass of statute law dealing with minimum labour standards, human rights, occupational health & safety and workers compensation. retailSOS.ca Gerry Spitzner 6
  • 6.  Thoughtstarters Human Rights Act and BC Human Rights Code Employment Standards Act Labour Relations Workers Compensation Act Personal Information Protection Act (PIPA) retailSOS.ca Gerry Spitzner 7
  • 7. Managing The HR ProcessHuman resources management(HRM) is a process that can beeffectively and productivelymanaged. retailSOS.ca Gerry Spitzner 8
  • 8.  People Are An Investment in The Business ◦ Human resources (HR) are a substantial investment for most companies. ◦ Employees are your internal customers. ◦ People are your most important resource. ◦ HRM is an on-going process that constantly needs attention. ◦ Potential legal liability if HRM is not fair and consistent. ◦ Create a positive workplace retailSOS.ca Gerry Spitzner 9
  • 9.  Managing human resources is 10% law and 90% process – the fairness and consistency of your methods will determine your results Leadership, Communication and Systems are the key to fairness and consistency retailSOS.ca Gerry Spitzner 10
  • 10.  ―The most important thing in communication is hearing what isnt said‖ - Peter Drucker, management ‗guru‘ The 3 Elements of Direct Face to Face Communication ◦ Words only account for 7% of any message ◦ Emphasis and Tone accounts for 38%. ◦ Body Language accounts for 55%. retailSOS.ca Gerry Spitzner 11
  • 11.  ―You dont manage people; you manage things. You lead people.‖ – Grace Hopper ◦ Manage things including processes, tasks, jobs, numbers and information; lead people and teams. ◦ People are primarily emotionally driven; appeal to both the heart and the head. ◦ The quality of your employees work experience has a direct impact on the quality of your customers experience. retailSOS.ca Gerry Spitzner 12
  • 12.  Do positive employee relations and practices affect customer experience? ◦ Obtaining a new customer costs 5 times more than retaining a loyal customer, and replacing an employee will cost 100% or more of that employee‘s annual wages. ◦ Over 68% of customers leave a business relationship due to attitude and indifference. ◦ Consider the cost to acquire a customer and the potential Life Time Value ( L T V ) each one represents. ◦ Consider the cost of replacing & training a new employee. retailSOS.ca Gerry Spitzner 13
  • 13. There are currently four keymechanisms in Canada to protecthuman rights:1. the Canadian Charter of Rights and Freedoms,2. the Canadian Human Rights Act,3. Human Rights Commissions, and4. provincial human rights laws and legislation. retailSOS.ca Gerry Spitzner 14
  • 14.  Human rights laws operate in two jurisdictions: the federal and the provincial ◦ Canadian Human Rights Act is administered and enforced by the Canadian Human Rights Commission and Tribunal ◦ British Columbia Human Rights Code is administered by the BC Human Rights Tribunal ◦ Both pieces of legislation are similar in the protections they provide ◦ Neither the federal nor provincial legislation trumps or supercedes the other. Rather, the appropriate legislation is determined according to which level of government regulates a specific area. retailSOS.ca Gerry Spitzner 15
  • 15.  A statute originally passed by the Parliament of Canada in 1977 ◦ goal of extending the law to ensure equal opportunity to individuals ◦ based on a set prohibited grounds such as gender, disability, or religion ◦ applied throughout Canada, but only to federally regulated activities. (ie Fed Govt Dept‘s, Crown Corps, private companies such as airlines, banks, telephone, radio and TV stations) ◦ each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated retailSOS.ca Gerry Spitzner 16
  • 16.  Most significant impact on HRM comes from human rights legislation. Human rights law entitles every Canadian to equal opportunity to employment and the right to work each day free of discrimination and harassment. Specifically, the act falls under the jurisdiction of the Federal Justice Department Charter of Rights and Freedoms. retailSOS.ca Gerry Spitzner 17
  • 17.  Examples of areas regulated by the federal government and governed by the Canadian Human Rights Act would include employment and services of: ◦ the federal government and all its ministries; ◦ all arms of the federal government such as the R.C.M.P. the Employment Insurance Commission or Canada Post; ◦ telecommunications, which are regulated by the CRTC, all inter- provincial transportation such as Air Canada and Via Rail; ◦ chartered banks, but not credit unions; and ◦ all unions attached to any of the above. retailSOS.ca Gerry Spitzner 18
  • 18.  Prohibits discrimination in employment advertisements, wages, employment standards, and discrimination by unions and associations. If another statute, such as the Workers Compensation Act, conflicts with it, the BC Human Rights Code takes priority. retailSOS.ca Gerry Spitzner 19
  • 19.  Discrimination and Harassment ◦ Discrimination and harassment is defined by it‘s effect, not the intention, ◦ does not have to be intentional to be illegal under the Code. ◦ It is the employers responsibility to maintain working conditions free of discrimination and harassment, regardless of whether the employer is the cause of the discrimination or not. retailSOS.ca Gerry Spitzner 20
  • 20.  Workplace & Sexual Harassment ◦ Serious issue in todays workplaces and can be quite costly for organizations. ◦ Ensuring a clear policy to address concerns and steps to try to resolve issues is a firm step to creating and maintaining a healthy workplace and avoiding legal turmoil. ◦ Employers are responsible for protecting their employees. retailSOS.ca Gerry Spitzner 21
  • 21.  Prohibited Grounds of Discrimination ◦ race, colour, ancestry, place of origin ◦ political belief, religion ◦ marital status, family status ◦ physical or mental disability ◦ sex, sexual orientation ◦ age ◦ conviction for a criminal or summary conviction offence that is unrelated to the job in question retailSOS.ca Gerry Spitzner 22
  • 22.  Recruitment and selection ◦ Interviewing, reference checking ◦ Job postings ◦ The interview ◦ Making the offer ◦ Reference checks (calls from other employers) ◦ Social Media retailSOS.ca Gerry Spitzner 23
  • 23.  The BC Human Rights Code, applies to employers, service providers and all provincially regulated businesses and agencies. Examples of provincially regulated areas include: ◦ all provincial, local and municipal government departments, services and policies; ◦ schools and universities; ◦ hospitals and medical clinics; ◦ all private businesses & services such as stores, restaurants, movie theatres; ◦ credit unions; ◦ non-profit organizations and some of the services they provide; ◦ rental accommodations including hotels and rental property; and ◦ the purchase of either residential or commercial property. retailSOS.ca Gerry Spitzner 24
  • 24. ESA is legislation enacted bythe provincial government toprotect the rights of workingpeople. retailSOS.ca Gerry Spitzner 25
  • 25.  If you are an employer in B.C., for most occupations the applicable legislation is the British Columbia Employment Standards Act. The ESA--refers to the basic or minimum employment conditions in any organization. retailSOS.ca Gerry Spitzner 26
  • 26.  The purposes of this Act ◦ Sections within the act outline the employers responsibility to their employees, ◦ notably things such as minimum wage, meal breaks, dispute resolution and parental leave. ◦ The act also works to protect residents of the province by preventing employment discrimination. retailSOS.ca Gerry Spitzner 27
  • 27.  Scope of this Act ◦ applies to all employees other than those excluded by regulation. ◦ If a collective agreement contains no provision respecting a matter, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms. retailSOS.ca Gerry Spitzner 28
  • 28.  Wages and benefits Pay administration and payroll records Paydays How wages are paid Payroll records Deductions Assignments retailSOS.ca Gerry Spitzner 29
  • 29. Labour relations--governs therelationship between a tradeunion and an employer. retailSOS.ca Gerry Spitzner 30
  • 30.  The BC Labour Relations Board is ◦ an independent, administrative tribunal with the mandate to mediate and adjudicate employment and labour relations matters related to unionized workplaces. ◦ The role of the union is to be the voice of employees, particularly during collective bargaining. retailSOS.ca Gerry Spitzner 31
  • 31.  The Labour Relations Code is primarily concerned with collective bargaining and labour management relations in BC. The Labour Relations Code governs all aspects of collective bargaining amongst the provincially-regulated employers and employees. retailSOS.ca Gerry Spitzner 32
  • 32.  Collective Bargaining Agreements ◦ Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment. ◦ Frequently referred to by the acronym of CBA. ◦ The labour contract sets down the relationship between the employer and the employees and among the employees themselves. ◦ The resolution of contract disputes is through a grievance procedure. retailSOS.ca Gerry Spitzner 33
  • 33. This Act applies to allemployers, and all workers inBritish Columbia exceptemployers or workers exemptedby order of the Board. retailSOS.ca Gerry Spitzner 34
  • 34.  Workplace policies and practices must comply with applicable Occupational Health and Safety laws and regulations and with Workers Compensation laws and regulations, which deal with compensation for accidents and disease. retailSOS.ca Gerry Spitzner 35
  • 35.  Occupational Health and Safety (OHS) ◦ The OHS Regulation contains legal requirements that must be met by all workplaces under the inspection jurisdiction of WorkSafeBC. ◦ Many sections of the Regulation have associated guidelines and policies. ◦ Applies to all organizations and recent changes have placed more responsibility on employees for the creation and maintenance of a healthy and safe work environment. retailSOS.ca Gerry Spitzner 36
  • 36.  OHS policy needs to be specific and deal with any unique workplace issues. Here is a sample list of issues: ◦ Smoking and scents ◦ Workplace violence ◦ Working alone ◦ Blood borne pathogens ◦ Substance abuse retailSOS.ca Gerry Spitzner 37
  • 37.  Consider this list for Pharmacy... ◦ immunization, safe sharps disposal, returned medication disposal, compounding labs, hazardous materials, robbery prevention, ladders, box cutters, deliveries, repetitive motion, height of the counter, lighting, air conditioning, air quality, ventilation, first aid. retailSOS.ca Gerry Spitzner 38
  • 38.  Health and Safety Committee ◦ An employer must establish and maintain a joint health and safety committee ◦ (a) in each workplace where 20 or more workers of the employer are regularly employed, and ◦ (b) in any other workplace for which a joint committee is required by order. retailSOS.ca Gerry Spitzner 39
  • 39.  Work Safe BC ◦ Dedicated to promoting workplace health and safety for the workers and employers of BC. ◦ Consult with and educate employers and workers and monitor compliance with the Occupational Health and Safety Regulation. ◦ Assessments are a % of payroll and are based on classification retailSOS.ca Gerry Spitzner 40
  • 40. The Office of the Information andPrivacy Commissioner (OIPC) isindependent from government andmonitors and enforces BritishColumbias Freedom of Informationand Protection of Privacy Act(FIPPA) and Personal InformationProtection Act (PIPA). retailSOS.ca Gerry Spitzner 41
  • 41.  The federal government brought the Personal Information Protection and Electronic Documents Act (PIPEDA) into force in January /04. BC chose to introduce its own legislation, namely the Personal Information Protection Act (PIPA), which regulates the collection, use and disclosure of personal information by private organizations. retailSOS.ca Gerry Spitzner 42
  • 42.  Legal requirements ◦ To be in compliance with the Act, every organization in B.C. must have appointed a person to oversee their personal information policy. ◦ Provincial employment standards mandate the collection and retention of some specific employee information, particularly with respect to payroll. retailSOS.ca Gerry Spitzner 43
  • 43.  Employee files and confidentiality ◦ ESA requires employers to keep certain employment records. Security of personnel files ◦ establish a secure location for storing employee records Employee access Company website ◦ Privacy policy retailSOS.ca Gerry Spitzner 44
  • 44.  Defined Employment Law and Labour Law HRM is 10% Law/90% process; fairness & consistency Communication is key leadership characteristic Manage things; lead people Four key areas of law as it applies to BC Human rights, Employments Standards Act, Labour Code and Workers Compensation Act How Personal Info Protection Act applies to employees retailSOS.ca Gerry Spitzner 45
  • 45.  Questions? retailSOS.ca Gerry Spitzner 46
  • 46.  Find me... Follow Twitter: @passion4retail Connect LinkedIn: Gerry Spitzner Web: retailsos.ca Email: gerry@retailsos.ca Digital Biz card: gerryspitzner.tel Digital Biz card: retailsos.tel retailSOS.ca Gerry Spitzner 47