Selection of a Competent Person for Investigating Incidents of Workplace Violence

Section 20.9(3) of the Canada Occupational Health and Safety Regulations requires that a “competent person” be appointed to investigate any incidents of internal workplace violence where the matter is unresolved. The delegated manager, in consultation with the Regional OHS Advisor (ROHSA), and if warranted, the Workplace Health and Safety Committee (WHSC) co-chairs or Health and Safety Representative (HSR), will review the details of the incident and select an appropriate competent person to investigate the workplace violence.

The competent person may be a qualified person from ESDC, from another department, or external to the federal public service, but they must be someone who:

1. is impartial and is seen by the parties to be impartial;
2. has knowledge, training and experience in issues relating to workplace violence; and
3. has knowledge of relevant legislation;

Is Impartial and Is Seen By the Parties to Be Impartial

Once the delegated manager has selected a competent person, the parties will be informed by means of the notification letter (respondent) or the notification letter and consent letter (complainant). Upon receiving their letter(s), but prior to the competent person being appointed, if any of the parties believe that the competent person is not impartial, they may request that an alternate competent person be selected. This request must be made to the delegated manager in writing and clearly demonstrate the rationale for questioning the competent person’s impartiality. The delegated manager will review the request, and if they find that the competent person’s impartiality has been reasonably questioned they will select an alternate competent person using the standard selection procedure.

Workplace Violence Knowledge, Training and Experience

The competent person must have knowledge, training and experience relating to workplace violence, and in conducting administrative investigations.

Knowledge of Relevant Legislation

Knowledge of relevant legislation by a competent person shall include knowledge of the Canada Labour Code, Part II; the Canada Occupational Health and Safety Regulations, Part XX; the Privacy Act; and any relevant jurisprudence.

Competent Person’s Statement of Work

Any competent person selected to conduct investigations, pursuant to the Regulations and Policy, must be provided with a written Statement of Work that will authorize, govern and focus the mandate associated with the investigation. The competent person’s mandate must contain:

• A clear and detailed statement of the allegations contained in the complaint(s), together with a description of the purpose and scope of the investigation to be undertaken;
• A clear delineation of roles and responsibilities vis-à-vis the departmental representative(s), including the delegated manager;
• Specific instructions regarding issues such as security designation, Access to Information and Privacy (ATIP), the handling of new allegations, and requirements for handling information related to possible criminal activity or other information of wrongdoing under the Public Servants Disclosure Protection Act (PSDPA);
• The requirement that investigation file, including the final investigation report as well as any other documents collected or created by the competent person in relation to the investigation, are the property of the Department and must be relinquished to the delegated manager upon conclusion of the investigation process;
• Expected time frames within which the investigation is to be completed and the date by which the final report is to be submitted to delegated manager; and
• A description of the type of resources available to the competent person (e.g., clerical support, meeting space), if applicable.

If an external service provider is deemed to be the competent person to conduct the investigation, in the absence of a national master standing offer (NMSO) for workplace violence investigations, the delegated manager may access the NMSO for harassment investigations. The specific requirements are set out in the Catalogue for Investigative Services Related to Harassment in the Workplace (NMSO), published by Public Works and Government Services Canada under file no.: E60ZG-100004. The selection of a service provider is subject to departmental and Treasury Board contracting requirements.