Psychological Safety Is an OHS Obligation: A Checklist for B.C. Employers on Bullying, Harassment, and Mental-Stress Risk

Many employers still see bullying, harassment, and psychological safety as just "HR issues.” However, in British Columbia, they are also recognized as concerns related to occupational health and safety (OHS) compliance. The framework set by WorkSafeBC views workplace bullying and harassment as hazards in the work environment that employers are responsible for proactively preventing and addressing once notified, following established procedures. 

Below is Greyston Law’s practical playbook for reducing regulatory, litigation, and operational risk.

1. Treat bullying and harassment like any other workplace hazard

WorkSafeBC’s guidance is clear: employers must have procedures for responding to incidents or reports of bullying and harassment, and those procedures should lead to a reasonable response focused on addressing the incident and preventing it from happening again.

WorkSafeBC also clarifies an important point related to performance management: bullying or harassment can involve conduct that a person knew or should have known would humiliate or intimidate a worker, whereas reasonable management actions aimed at directing or managing workers are not considered bullying or harassment.

As the new work calendar year begins, ensure leaders can explain and demonstrate the difference between firm, documented performance management and conduct that becomes humiliating, personal, or retaliatory.

2. Confirm you have compliant, usable procedures—not just a policy

A policy statement is not enough. WorkSafeBC expects employers to implement procedures that cover, at minimum: how and when investigations will be conducted; what will be included, roles and responsibilities, follow-up and corrective actions, and how records will be maintained. 

Your procedures should be capable of handling both informal concerns and formal complaints. WorkSafeBC’s materials emphasize documenting investigations and maintaining records (while generally not submitting them to WorkSafeBC unless requested). 

A practical investigation framework should include:

• Assessing immediate safety risks, retaliation risk, and whether interim separation or scheduling changes are needed.

• Defining the scope: what allegations are being investigated, what standards apply, and what outcomes are possible.

• Collecting evidence: interviews, documents, messages, schedules, prior complaints, and relevant performance documentation.

• Ensuring procedural fairness: allow each party a meaningful opportunity to respond to allegations that affect them.

• Findings and Action: determine what happened on the balance of probabilities and implement proportionate corrective steps.

• Closing the loop: communicate outcomes at an appropriate level of detail and monitor for recurrence.

For high-risk or conflict-of-interest matters keep a short list of external investigators

3. Understand why the Pickering decision matters to employers

A key 2025 B.C. Supreme Court decision, Pickering v. Workers’ Compensation Board, 2025 BCSC 376 (CanLII), the Court found the Workers Compensation Act “labour relations exclusion” overly broad and indicated it should be narrowed to good-faith management decisions, with the practical implication that more psychological claims may be accepted (subject to any appeal). 

On November 14, 2025, the WorkSafeBC Board of Directors revised its policies regarding mental disorder claims under section 135 of the Workers Compensation Act to align with the Pickering decision. The policy updates modified the section on the labour relations exclusion. WorkSafeBC also reorganized the guidance to the sentence, “It only applies to employer decisions on generic processes and actions taken in good faith.” Additionally, the guidance clarifies that an employer decision must relate to a general process and be made and enforced in good faith, noting that the existing examples from the Act and policy illustrate employer decisions “on generic processes” about a worker’s employment. Revisions were also made to the section describing bad faith to state that, for the policy’s purposes, good faith simply means the absence of bad faith, and the draft references to negligence, egregious conduct, and legitimate workplace purpose were removed. WorkSafeBC’s updated guidance also clarifies that decisions communicated to the worker in an abusive or threatening manner are regarded as made in bad faith.

The take-way for employers is that best risk management after a complaint is running a workplace process that is timely, fair, well-documented, and demonstrably aimed at prevention.

4. Reduce manager-driven risk: train for the moments that trigger complaints

The highest exposure often comes from manager conduct after an issue is raised, for example, dismissing the report, delaying action, escalating conflict, or reacting defensively when employees discuss psychological safety concerns.

As such, employers should use the new work calendar year to: 

• Update policies and procedure so they align with recent legal developments;

•  Implement refresher training for managers and workers, including 

• What constitutes bullying/harassment versus reasonable management action;

• Establishing reporting channels (including options outside the direct manager).

• Anti-retaliation expectations;

• Documentation do’s and don’ts (objective facts, not character attacks).

When to seek legal advice

Consider early legal advice where allegations involve senior leaders, potential human rights issues, threats of litigation, a unionized environment with parallel grievance processes, or significant disability/medical factors. Early guidance can help preserve fairness, confidentiality, and defensibility, and Greyston Law can help you. Contact Us.

Legal Disclaimer

This blog is provided for general informational purposes only and does not constitute legal advice. Employment law is fact-specific and varies by jurisdiction; you should obtain legal advice regarding your particular circumstances.

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