Beyond Hard Hats: OHS Law Mandates Workplace Harassment Policy

Occupational health and safety law traditionally framed workplace safety in terms of physical risks. However, this year Nova Scotia took a pivotal step, recognizing psychological harm, namely harassment, as equally hazardous.

As of September 1, 2025, all employers in Nova Scotia must have a workplace harassment policy in place per Part 27 of the Workplace Health and Safety Regulations. The new regulations define workplace harassment and outline criteria for a workplace harassment prevention policy.

These changes flow from amendments to the Occupational Health and Safety Act (the “OHS Act”), under Bill 464, the Stronger Workplaces for Nova Scotia Act. While the OHS Act already imposed a duty on employers to take every reasonable precaution to protect workers, Bill 464 expanded that duty to include psychological health and safety.

To support compliance, the government has issued guidance through the Department of Labour, Skills and Immigration’s “Harassment in the Workplace: Guide for Employers” (the “Guide”)  and Nova SAFE which provides information on regulatory requirements.

What Counts as Psychological Harassment?

The new regulations define workplace harassment broadly. The Department of Labour, Skills and Immigration paraphrases the definition in the Guide as follows:

“a single or repeated unwelcome behaviour or action that degrades, intimidates, or threatens, including conduct based on personal characteristics or inappropriate sexual behaviour.”

Examples of harassment range from overt bullying and verbal abuse to more subtle forms of mistreatment including ableist remarks, persistent misgendering, racial, religious or sexual jokes, and malicious gossip.

Importantly, the Guide highlights that a perpetrator’s intention will not determine whether an action counts as harassment. Not intending to offend will not excuse conduct that has a humiliating, intimidating, or degrading effect on another person.

The Guide recognizes that workplace harassment can flow in multiple directions: between co-workers, from supervisors to staff, or even from clients or members of the public. However, the regulations emphasize that harassment does not include reasonable management actions such as assigning work, conducting performance reviews, scheduling, implementing safety measures, or enforcing workplace policies. It also excludes minor disagreements, differences of opinion, welcomed comments, or consensual workplace banter, so long as these do not escalate into harmful or discriminatory behavior.

Harassment Policy Requirements

Employers now face a statutory duty to address psychological harassment, comparable to obligations surrounding physical hazards. The consequences of failing to comply can include OHS orders, fines, and reputational harm.

The new regulations under Part 27 outline three main requirements for workplace harassment prevention policies:

1. Written Policy Requirements

Employers must create and implement a written policy to prevent workplace harassment.

The policy must include:

a) A statement that all employees are entitled to a harassment-free workplace.

b) A commitment by the employer to prevent harassment as much as reasonably possible.

c) A statement that every employee has an obligation not to engage in harassment

d) A statement that all employers are encouraged to report harassment.

e) Clear procedures for:

a. Recognizing, preventing, and responding to harassment.

b. Reporting incidents to the employer or supervisor.

c. Making a workplace harassment complaint to someone else if the employer/supervisor is involved.

d. Investigating complaints of workplace harassment.

e. Informing the complainant and the subject of the complaint of the result of the investigation or any corrective action that has been or will be taken as a result of the investigation;

f) A statement that the employer will not disclose information obtained in relation to a complaint unless legally required or necessary for investigation or corrective action.

g) A statement that the employer will not reprimand or seek reprisal against employees who report harassment in good faith.

h) A commitment to investigate all complaints of harassment.

i) A commitment to take corrective action against those who harass.

j) A statement clarifying that the policy does not limit employees' legal rights under other laws.

2. Training

Employers must ensure that employees are trained on the policy and its procedures.

3. Regular Review

The policy must be reviewed at least every 3 years and updated if needed. According to the Guide, employers are expected to seek input from employees, joint occupational health and safety committee (JOHSC) or health and safety representatives, management, and other relevant staff during this process.

Employer Takeaways

Employers must ensure their harassment policies comply with the new requirements under Part 27 of the Workplace Health and Safety Regulations. This should start with auditing existing policies and updating them to include clear definitions of harassment, reporting procedures, investigation processes, and commitments to corrective action. Beyond policy development, employers must train all employees on the policy and its procedures and commit to regular policy review.

When developing their policy, employers should approach compliance as more than a safeguard for avoiding fines or reputational damage. These new requirements reflect a broader shift towards prioritizing psychological health in the workplace. Meeting these standards means fostering a respectful, inclusive environment with zero tolerance for harassment. By incorporating these standards, employers reduce legal risk and foster safer, healthier, more productive workplaces.

For additional guidance, the government advises consulting the Canadian Standard Association’s Standard for Psychological Health and Safety in the Workplace; Nova SAFE; the Workers’ Compensation Board of Nova Scotia’s Psychological Health and Safety Resource Centre; and the Canadian Centre for Occupational Health and Safety’s fact sheets, courses, and other materials.

Employee Takeaways

Employer harassment policies will bolster employees’ right to a safe workplace. Workers have long had the ability to report unsafe conditions under the OHS Act. Now, psychological harassment is squarely within that regime.

If an employee knows of an occurrence of harassment in the workplace, they must report it to their supervisor (the employer). If the employer fails to adequately resolve the issue, the employee may then report the harassment to the JOHSC or health and safety Representative. If the harassment issue remains unresolved, the employee should then report it to the Occupational Health and Safety Department of the Government of Nova Scotia by calling 902-424-5400 or toll-free: 1-800-9LABOUR (1-800-952-2687).

When harassment occurs, workers should keep a record of key facts for each incident including dates, times, and witnesses. Employees who are fearful of reporting should remember that reprisal against an employee for reporting is prohibited under section 45(2) of the OHS Act.

In unionized workplaces, union representatives may assist in documenting and reporting harassment.

Final Thoughts: A Cultural and Legal Shift

The new workplace harassment regulations align with developments in Nova Scotia’s workers’ compensation law. Since September 2024, Nova Scotia’s Workers’ Compensation Act has recognized gradual onset psychological injuries as compensable. Taken together, these changes reflect a positive trend: protecting mental health is now a legal obligation, not an optional initiative.

For employees, these changes provide new tools to assert their rights. For unions, they strengthen enforcement mechanisms. For employers, they demand proactive compliance and a genuine cultural shift.

Our firm is monitoring these developments closely. If you are navigating policy development, investigating complaints, or seeking to understand your rights and obligations under the new regime, we are here to help.