Does the word “compliance” prompt unease instead of reassurance? The word is so broad, it’s hard to know where to even begin. In HR, compliance holds a specific meaning but has many applications. This can confuse even seasoned professionals, so we’re here to help make the process a lot easier. Read on for a brief overview of what you need to know as an HR professional to understand compliance and keep your organization running smoothly.
What is HR Compliance?
In HR, compliance describes how aligned your organization’s policies and procedures are to applicable laws and regulations. But legislation is dense and sometimes difficult to interpret. That’s where things can get tricky, and your list of to-dos can pile up.
The first step to achieving compliance is knowing which laws and regulations govern your organization. It all depends on your jurisdiction. Federally regulated workplaces must abide by federal laws and regulations, such as the Canada Labour Code. While some federal legislation applies to all organizations, including Canada’s Anti-Spam Legislation (CASL), workplaces not governed by federal laws generally follow provincial or territorial legislation. If you have employees working from multiple jurisdictions, you may need to consult more than one jurisdiction’s laws and regulations. There are also municipal laws, industry-specific regulations, and common law considerations that may affect your workplace.
Once you refer to applicable legislation to understand your requirements and obligations, you must create policies, practices, and training that ensure every employee in your organization knows and follows your guidelines. Certain legislation may also require you to provide specific types of policies, such as policies to prevent and address workplace violence and harassment. Not only do you have to set up your organization for success by creating policies, you also must enforce what you put on paper.
What’s the difference between an act and a regulation?
As you read through applicable legislation, you’ll encounter both acts and regulations. Acts usually contain more general requirements, while regulations give more specific requirements and things you should do or have. For example, an act might require certain organizations to implement a policy on a particular topic, while a regulation might list the information that must be included in that policy. Ensure you follow both acts and regulations to stay compliant, as they carry the same legal weight.
Acts and regulations change. Be aware of changing legislation in order to maintain compliance. Acts go through a legislative process and often take time to come into effect. Regulations, on the other hand, may change with little or no notice. Our Compliance Centre shares timely news and legislation updates, including important dates, suggested actions, and resources to help you make any required changes within your organization. You may also find recent changes on some government websites.
Below are a few legislated areas you should be aware of. This is not an exhaustive list, but it will help you start understanding HR’s role in compliance.
Employment standards
Employment standards legislation sets minimum requirements for hours of work, pay, time off, protected leaves, terminations, and more. It also describes the rights and responsibilities of both employees and employers in a particular jurisdiction.
Terminations are one of the most heavily legislated areas of employment, and not following employment standards when terminating can put your organization at risk of legal and financial consequences. Download our free termination resources to ensure you remain compliant with employment standards when letting an employee go.
Employment standards legislation may also require employers to post certain information in their workplaces, or otherwise communicate that information to workers. For example, Ontario employers governed by the Employment Standards Act, 2000 (ESA) must also distribute an employment standards poster to all employees, though it is no longer required to be posted in the workplace.
Occupational health and safety
At its core, occupational health and safety legislation ensures employers provide employees with safe work environments. Each workplace has its own set of unique hazards. Workplace hazard assessments should be completed at least annually to assess your workplace for potential hazards and the risks associated with them. As an employer, you must control or eliminate these hazards where you can. Communicate and train employees on the hazards they may face in the workplace and how they can control or mitigate them with personal protective equipment and other measures.
Workplace Hazardous Materials Information System (WHMIS)
Many employees must work with substances that are considered hazardous materials. Employees should know how to handle these substances in compliance with WHMIS. All employees should take WHMIS training to learn about the safe handling of hazardous materials, how to use safety data sheets, and the hazardous material emergency procedures in their workplaces. Let us help you stay WHMIS compliant with resources designed to keep your workers safe.
