Harassment or other inappropriate treatment at work
Harassment or other inappropriate treatment in the workplace may harm or endanger the health of employees. Preventing harassment and other inappropriate treatment is the common responsibility of the entire work community, i.e. the employer and employees.
What constitutes harassment under the Occupational Safety and Health Act?
The Occupational Safety and Health Act prohibits all kinds of harassment that can harm or endanger the health of employees. Harassment refers to systematic and persistent offensive conduct or behaviour. Examples of harassment include repeated threats, intimidation, malicious or suggestive messages, belittling or mocking remarks, continuous unwarranted criticism or hindering of work, questioning a person’s reputation or position, systematic exclusion in the workplace and sexual harassment.
Not all bad behaviour in the workplace constitutes harassment or other inappropriate treatment jeopardising health as referred to in the Occupational Safety and Health Act. By way of example, minor isolated acts, such as occasional inappropriate comments or differences of opinion related to work, do not constitute harassment. Sometimes decisions and measures that fall within the scope of the employer’s power of management may be considered inappropriate. However, the employer has the right to plan, manage and supervise the work of their employees. The employer also has the authority to make decisions on the nature and scope of work duties and on the working methods and workplace practices.
Preventive action in the workplace is of paramount importance
Employers have a duty to intervene in any workplace harassment that comes to their attention. Employers must also actively monitor whether harassment occurs in the workplace and intervene in any signs of workplace harassment proactively, because early intervention usually makes it easier to resolve the issue. Harassment can be prevented, for example, by establishing in advance ground rules for good workplace behaviour and instructions on what to do if inappropriate treatment occurs. It is also good to ensure that every member of the work community knows that cases of harassment will be dealt with systematically. Under the Occupational Safety and Health Act, employees have an obligation to avoid any inappropriate treatment that can harm the health or safety of others.
If inappropriate treatment occurs at work, the employer must, after becoming aware of the matter, intervene in it. More information on the management of inappropriate treatment at work and instructions for dealing with cases of inappropriate treatment are available on the website of the Occupational Safety and Health Administration
Occupational safety and health inspectors supervise compliance with provisions
Cases of inappropriate treatment and harassment must primarily be dealt with in the workplace. It is the duty of the occupational safety and health authority to supervise the activities of employers. The occupational safety and health divisions of the Regional State Administrative Agencies serve as regional occupational safety and health authorities.
If the employer does not take measures to stop the harassment or the harassment has not ended, you can contact the occupational safety and health authority's telephone service. The occupational safety and health authority can provide instructions and advice and, if necessary, ensure that your employer, after becoming aware of the matter, takes measures to end the harassment.