Harassment needs to be addressed

Harassment can be a health risk for the person experiencing it and lead to extended sick leaves. Actions to prevent workplace harassment are extremely important. Harassment can be prevented, for example, by establishing ground rules for professional conduct at work and by training supervisors to recognise and address harassment. Organising work clearly and assigning clear responsibilities also reduce harassment. Effective supervision and open communication in the workplace play a key role as well.

According to Section 18 of the Occupational Safety and Health Act, “employees shall avoid such harassment and other inappropriate treatment of other employees in the workplace that cause risk or hazard to their safety or health.”

This article uses the term ‘harassment’ to describe harassment or other inappropriate treatment that causes risk or hazard to health, as referred to in the Occupational Safety and Health Act. Harassment can take many forms. In everyday speech, harassment and other inappropriate treatment are often referred to as workplace bullying.

Not all bad conduct at work constitutes harassment or other inappropriate treatment that causes hazard to health within the meaning of the Occupational Safety and Health Act. Such conduct can include mild or the occasional inappropriate words or actions. Behaviours that are not considered harassment also include reasonable decisions made by the employer based on their authority, appropriate feedback on performance or giving a warning for a legitimate reason and discussing problems in the workplace together.

If an employee experiences harassment in the workplace, they should confront the person behaving badly as soon as possible. They can ask a colleague, the occupational safety and health representative or some other member of the staff, such as the shop steward, to join them in this confrontation. The person who has behaved badly should be informed of the behaviour that the employee has found inappropriate and asked to stop behaving in this way.

The employee should record their observations to help address the harassment case: what happened, when and where, and who were present at the time. The employee should also make note of their own actions in these situations.

If the employee finds it difficult to broach the issue with the person behaving badly or if the person continues to engage in bad behaviour despite being asked to stop, it is important to inform the supervisor or some other representative of the employer about the issue. There is a form on the website of the Occupational Safety and Health Administration of Finland (tyosuojelu.fi) for submitting a report. The workplace may also have a policy in place for dealing with harassment cases.

If the person receiving the report does not respond to the report within a reasonable amount of time, the employee can ask them how the case is being investigated. If the workplace does not start investigating the case, the employee may contact the occupational safety and health service of the Regional State Administrative Agency. One of the tasks of the occupational safety and health authorities is to monitor the actions of employers. Employees may also contact the occupational health service.

According to Section 28 of the Occupational Safety and Health Act, “if harassment or other inappropriate treatment of an employee occurs at work and causes risk or hazard to the employee’s health, the employer, after becoming aware of the matter, shall by available means take measures for remedying this situation.”

The employer should actively monitor the workplace for signs of harassment. After becoming aware of potential harassment, the employer should establish what has happened without delay in a fair hearing of all parties. After this, the employer should decide what measures will be taken to resolve the situation.

The employer should record the instructions and orders given to end harassment and monitor their compliance. If harassment continues, the employer should consider disciplinary action, such as issuing a warning to the party guilty of harassment.

On the other hand, if the employer, after investigating the case, finds that no prohibited harassment has occurred, the parties should also be informed of this decision and the reasons for it. There may also be some other issue (for example concerning the workplace) that the employer needs to address.

If the employer does not address harassment, the employer or their representative may be guilty of an occupational safety and health offence. The punishment for an occupational safety and health offence is a fine or imprisonment for up to one year.

The author works at TEK as an employment lawyer. 

More information on the website of the Occupational Safety and Health Administration: https://www.tyosuojelu.fi/web/en/working-conditions/unfair-treatment