Code of Conduct Request

Not too long ago, a client asked me to draft him a code of conduct for his small business. I asked him a couple of quick questions, to help me understand the situation. Do you have an existing employee policy manual, a harassment and discrimination policy? How about a safety policy? What has stimulated the need for this policy?

As expected, the answer to most of these questions was “no” and the reason for the need for the policy is a past situation that turned out poorly. This is absolutely typical of a small business. I totally respect the proprietor for choosing to contact me to help address the issue. In fact, you would surprised by the number of policies (and other things) that get dealt with as a direct result of an past incident. Just think – how did every safety device, personal protective equipment or policy originate.

However, in the case of a code of conduct, there are numerous linkages that need to be considered. It is not as simple as a policy. Let me paint you a picture. Lets say that you have a senior employee that comments about the smell every time a young immigrant employee heats up her lunch. The older employee believes he is making a joke. Other employees are conflicted when it happens. It is tolerated by management, as it seems like an insignificant situation. This type of situation happens all the time.

This situation could easily meet the common definition of harassment: “Behaviour toward another that you ought to have known offends or humiliates.” Consequently, it is a code of conduct issue that could be harassment and discrimination. Because harassment often is covered under safety legislation, it is now a safety issue. As a result, the incident should be investigated and an outcome determined. A reasonable outcome might be 1) the offending employee provided corrective action, 2) a code of conduct policy created (including a reporting and investigation processes), 3) training provided to staff and managers and 4) create a preventions strategy including adding training to the new hire orientation.

The good news is that the core framework of a good safety program can easily be amended to support code of conduct issues, harassment, violence and discrimination – not to mention other issues such as food safety and ethics. All of these programs have the same core features: Involve Stakeholders > Identify Risks > Investigate Incidents > Improve Actions > Inform Everyone.