As an unsettled 2020 comes to an end, let?s look at what 2021 will have in store for our trucking and logistics workplaces.

The modernization of Canada?s Labour Code

In what our own Policy Analyst Marisha Tardif has likened to a ?legislative tsunami,? recent amendments to the Canada Labour Code include new labour standards, wage-fairness rules, and occupational health and safety requirements.

Many of these regulations took effect in September 2019 but several are yet to come. Notably, the amendments of Bill C-65 and the accompanying regulations which protect against harassment and violence in the workplace.

The Workplace Harassment and Violence Prevention Regulations, published in June, make a long-awaited detail official: new anti-harassment and violence provisions will take effect on January 1, 2021.

The regulations will apply to all workplaces covered under Part II of the Canada Labour Code, including many trucking and logistics employers.

NOC updates

Canada is now conducting its 10-year review of the National Occupational Classification (NOC), the federal system for categorizing job types in the country, including truck driving.

The next release includes new job-skill classifications that address concerns about how the federal government incorporates formal and informal training, education, and work experience into the NOC.

In early 2021 we will see how truck drivers are classified in the new system, and how it will affect federal programs.

Training and wage subsidies

With the events of 2020 clearly demonstrating how important this industry is, Trucking HR Canada was able to access federal funds for training and wage subsidies for jobs in trucking and logistics.

Our Career ExpressWay program has successfully supported the training and onboarding of close to 100 young people across the country, in driving positions, logistics, IT support, administration, and more. It provides up to $10,000 for driver training and up to $15,000 in wage subsidy per employee.

Our hope is that we can expand our program in 2021 to better connect our industry to Canadians of all ages looking for meaningful work in a sector with loads of career opportunities.

Diversity and inclusion

No longer buzzwords, workplace diversity and inclusion will remain a focus of Trucking HR Canada as we help employers expand the pipeline of talent into our industry.

One key initiative is our 2021 Women with Drive Leadership Summit, planned for March 10^th. ?With an international flair, we look forward to learning from and virtually connecting with a global network of women who have stepped up in their respective countries in responding to the challenges of COVID-19.

Driver shortages

Whether you believe it or not, we are on track for more acute driver shortages.

That is why Trucking HR Canada is planning to bring together industry stakeholders to define the root causes of our recruitment and retention challenges, from compensation structures to the nature of long-haul trucking driving itself.

The shortage of qualified drivers is an enduring issue. But there are always new approaches and new ideas that can inform innovative and practical solutions.

Growing our Top Fleet Employers

Now in its eighth year, our Top Fleet Employers program has grown steadily.

Our Top Fleet Employers are leaders in promoting a positive image of trucking and logistics and offering great places to work. By sharing sound HR policies and practices, they set an important example as we reach out to young people, women, and other job seekers.

Each year trucking and logistics companies undergo a rigorous application process but only the best are recognized as Top Fleet Employers. Applications close January 28, and you can click here to learn more: https://truckinghr.com/top-fleet-employers/

COVID-19

Where things will go in 2021 is anyone?s guess, but we know for sure that trucking and logistics will be pivotal to ensuring all essential goods?from food to fuel, and even more importantly, vaccines?get to all Canadians.

Rest assured that Trucking HR Canada and all of our partners are here to support you in ensuring you have the skilled workforce you need to make that happen.

Cheers to 2021.

The modernization of the Canada Labour Code is having a significant impact on federally regulated workplaces. In what some have likened to a ?legislative tsunami?, the Canadian government has introduced a sweeping array of changes, including measures to achieve wage fairness, updates to federal labour standards, and new requirements in occupational health and safety.

While the bulk of these updates entered into force in September 2019, significant changes still lie ahead.

Most employers in the federally regulated space are already familiar with Bill C-65, which develops a framework to protect against harassment and violence in the workplace. Bill C-65 initiated an amendment to the Canada Labour Code, which led to the introduction of the Workplace Harassment and Violence Prevention Regulations released in late June of this year. The publication of the regulatory text finally makes a long-awaited detail official: New anti-harassment and violence provisions are now set to enter into force on January 1^st, 2021. The Regulations will apply to all federally regulated workplaces covered under Part II of the Canada Labour Code, including many trucking and logistics employers.

The Regulations in a Nutshell

With this key date just around the corner, it?s worthwhile to go over what these changes mean for the sector.? Boiled down to the basics, the Regulations are about ensuring that federally regulated employers are all working from the same rulebook when it comes to handling workplace harassment and violence. New rules will bring consistency to what employees can expect from their company, as well as new rights, responsibilities, and guarantees. To achieve this, employers will have to take steps to prevent workplace harassment and violence, respond appropriately and in a timely manner if it occurs, and provide support to affected employees. While the new requirements build on provincial frameworks that may already be familiar to many human resources departments, it?s important not to underestimate the nature of the change ahead.

To meet their obligations under the Regulations, employers must:

• Develop a new Workplace Harassment and Violence Prevention Policy;
• Work jointly with their policy committee, workplace committee, or their health and safety representative in introducing and maintaining key changes to the workplace;
• Assess the risk of workplace harassment and violence;
• Provide training to all employees, and participate in training themselves;
• Respond to all reports of workplace harassment or violence (including complaints made by former employees) and follow specific requirements related to timelines, processes, and procedures;
• Appoint a designated recipient of workplace harassment and violence complaints;
• Provide more options for workers to have their issues resolved (and respect every employee?s right to request a formal investigation);
• Make information available regarding support services for employees affected by workplace harassment or violence; and
• Maintain records on every incident and report annually to the Ministry of Labour.

The list of requirements above is not comprehensive. Nevertheless, it is clear from this summary that the new Regulations will require major adjustments to policies and procedures for many employers. Given new requirements, it is important for both employers and employees to understand the nature of these changes ? including how these new obligations will impact them and their workplace.

Understanding the Issues

Over the past year, Trucking HR Canada has been working to better understand these issues and how they affect our sector.? Through industry surveys and through research on different tools, approaches, and best practices, we learned more about what is happening within our industry.

In working to uncover how, when, and where harassment and violence is experienced in our sector, we also sought to understand what kinds of hurdles employers will face in adapting to the new legislative agenda. We learned that new federal obligations would require a significant adaptation process for many trucking and logistics employers. What?s more, 40% of survey respondents reported that they were unaware or unsure of what harassment and violence resources are available for the trucking industry, indicating that they would welcome further supports.

Resources coming your way

In partnership with Labour Canada, the Canadian Trucking Alliance, and all provincial associations, we have assembled a comprehensive suite of resources, tools, and training materials to help you prepare for reaching compliance with the new Regulations.

Here is a list of what you can expect to see in time for the January 2021 timeline:

• Three bilingual online training modules focused on rights and responsibilities under the Regulations (for employers, for employees, and for incident response);
• An employer?s guide to harassment and violence prevention, response, and support;
• A workplace policy template with compliance and best practice tips;
• An employer?s checklist to the workplace policy under the Regulations
• A risk assessment template;
• An employer?s checklist for the risk assessment process;
• Legal ?how-to? guides for employers and employees; and
• Informative webinars.

Once the COVID-19 situation is stabilized, employers can also expect updates on in-person training options. As a turbulent 2020 winds to a close, make sure to check out our website for more details, and stay tuned as we bring more information your way.

The modernization of the Canada Labour Code is having a significant impact on federally regulated workplaces. Over the past year, the Canadian government has introduced several changes to federal standards including flexible work arrangements, vacation pay, employee termination policies, pay equity, and more.

One important new piece of legislation is Bill C-65, which protects against harassment and violence in the workplace. Bill C-65 introduced the Workplace Harassment and Violence Prevention Regulations, which were published in late June. The new legal framework will come into force on Jan. 1, 2021 ? just three months from now.

The new Regulations apply to all federally regulated employers, including trucking and logistics firms that operate outside of their home province. These employers now have a legal obligation to understand and implement an anti-harassment framework for their workplace.

Understanding the Issues

Trucking HR Canada is working with Labour Canada to prepare our industry for these changes. This work started a year ago and includes the following:

– Surveying more than 300 industry employees and 100 employers on how workplace harassment and violence affects them.

– Interviewing employers to probe further into how they manage these issues.

– Researching best practices in terms of policies and training.

– Developing resources and training that will help trucking and logistics firms address harassment and violence in the workplace while ensuring their legal obligations are met, if not exceeded.

Through this work, we have learned a lot about what kinds of issues will be important for the industry as we move closer to the entry into force of new Regulations.

For example, we have learned that trends in trucking and logistics follow those in the general workforce. The industry?s harassment and violence incidence rate of 15% is similar to the Canadian workforce average (16%). Incidences of physical assault (2%) and unwanted sexual attention (2%) are also on par with Canadian averages for these types of incidents, according to Statistics Canada?s most recent General Social Survey (GSS) conducted in 2016.

That doesn?t mean that addressing harassment and violence is any less of a priority for trucking and logistics. In fact, half of our industry workers responded that they have been affected by this issue over their career. And many of these incidents go unreported ? meaning that employers may not be aware of the degree to which harassment and violence is impacting their workplace. In fact, harassment and violence are more of a ?workplace? issue than many initially thought. While many respondents to our survey believe harassment or violence is more prevalent at a client or customer?s place of business, incidents are far more likely to occur at their own workplace.

Work to Do

Part of the rationale surrounding the emergence of Bill C-65 was to make sure that all federally regulated employers are working from the same rule book when it comes to addressing harassment and violence in the workplace. For the trucking and logistics sector, there may be an adjustment period as employers adapt to new federal obligations. For example, half of the employers we surveyed said they had no formal process for preventing or managing incidents of workplace harassment and violence, and 60% did not provide mandatory workplace harassment or violence training for their employees. This will all have to change under the new framework.

As an industry, we clearly have much to do. It is time to fully recognize workplace harassment and violence as a key moral and operational concern.

Join Us

Rest assured, Trucking HR Canada is here to help.

Please join us for an informational webinar on Nov. 30 with an attorney who specializes in employment law. The webinar will brief employers on what has changed with the arrival of Bill C-65, cover new Regulatory requirements, and discuss key compliance topics. ?Trucking HR Canada will also provide details on training and other resources we have developed specifically to support trucking and logistics employers.

For those interested in learning more about how workplace harassment and violence affect our sector, Trucking HR Canada will also soon be releasing a summary report on its research findings. Check out our website for more details, and stay tuned as we bring more information your way.

New Anti-Harassment and Violence Obligations for Federally Regulated Fleets

July 7, 2020 by Marisha Tardif

Many fleets in our employer community have been following developments surrounding Bill C-65 ? a piece of federal legislation that amends the Canada Labour Code by introducing new guidelines on how harassment and violence can be prevented in the workplace, and how to address it if and when it occurs. While Bill C-65 received Royal Assent in 2018, specifics surrounding employer obligations and compliance timelines remained to be confirmed. But as per recent updates, there is now new information surrounding detailed requirements that federally regulated employers will have to meet.

On June 24, 2020, the federal government published the?Work Place Harassment and Violence Prevention Regulations. The new framework will apply to the federally regulated private sector as of January 1st, 2021. Transportation companies that provide international and interprovincial services are regulated by the federal government and are therefore subject to these updates.

New rules will thus soon come into effect that will increase employers? responsibilities in matters of workplace health and safety. The new Regulations set a framework of obligations centered on three elements: the prevention of workplace harassment and violence, the delivery of a timely and effective response to incidents, and the provision of support for affected employees. Based on these three pillars, the new Regulations bring changes in the following main areas:

• Workplace harassment and violence prevention policy
  • Employers will be required to make available a workplace harassment and violence prevention policy that aligns with new Regulatory requirements.
• Workplace assessments
  • Employers will have to conduct assessments that identify risks of harassment and violence in the workplace and implement preventative measures to protect the workplace from these risks.
• Emergency procedures
  • Employers will be required to develop emergency procedures to be followed in situations where an occurrence of harassment and violence poses and immediate danger to the health and safety of an employee(s).

• Training
  • Employers will be required to identify and develop harassment and violence training and ensure it is delivered to all members of the organization, including to employers themselves but also to employees, and to the designated recipient of harassment and violence complaints in the workplace. Training will need to align to specific guidelines proposed under the Regulations, and will be delivered once every three years, including in the onboarding of new employees.
• Support measures
  • Employers will be required to make information available regarding support services that employees may access should they experience an incident of workplace harassment and violence.

• Resolution process
  • Employers will be required to respond to every notification of an occurrence of harassment and violence in their workplace, but also to structure their response around a more detailed web of specific requirements (including prescribed timelines, processes, and procedures).
• Records and reports
  • Employers will be required to keep records relating to harassment and violence in their workplace. They will also be required to submit annual reports to the Minister, as well as report on any fatalities that occur as a result of workplace harassment and violence.

It is clear from the above that the new Regulations will require major adjustments to policies, programs, and processes for many employers. Given new requirements, it is important for both employers and employees to understand the nature of these changes and how it will impact them and their workplace.

Trucking HR Canada is committed to providing trucking sector-specific resources to support the needs of the industry in adapting to these new changes. Central amongst these tools will be a bilingual suite of online and in-person training modules for employers, employees, and designated recipients of workplace harassment and violence complaints. Pamphlets that clarify employer and employee rights and obligations will also be made available, in addition to other forthcoming resources centered on best practices in workplace anti-harassment and violence. These supports will be made available in time for the January 2021 entry into force of the Regulations ? follow our website and social media channels to find out more.