Introduction to Lateral Violence

Infonex WorkshopCalgary

9 -10:30 am Aug 23rd

Chris Hylton, MA

403 264 5288chris@hylton.ca

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Introduction

Chris Hylton, MA HR & Benefits Background

Keep being drawn to mental healthGrace Hospital experienceHoly Cross Hospital experienceWorkshops, including anti-bullying

onesEAP

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Learning Outcomes

What we hope to achieve today: Define the issues- bullying as violence

and an OHS issue Identify examples of LV Understand the effect that this type of

behaviour has on your workplace Understand the organization’s

expectations regarding appropriate workplace behaviour

Identify resolution pathways to deal with LV problems effectively

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Agenda

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Definition Stats Causes / Effects Laws Solutions Solution Myths Case Study

This is your show

Are there any issues you would like me to specifically address in the talk today?

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“ Before we can change things, we must call them by their real name.” (Confucius)

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Violence is a pervasive part of our lives –on television, in songs, books, on the streets, in our workplaces,

Our workplaces? Some 60% of workplace assaults are concentrated in health services, social assistance, and personal care occupations ( NCCI, 2006).

Confucius would be proud

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synonyms interpersonal abuse, lateral violence, horizontal violence, workplace violence, interpersonal conflict, bullying, anger management

Definition

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lateral violence is “defined as any inappropriate behavior, confrontation, or conflict – ranging from verbal abuse to physical and sexual harassment.

Definition

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The International Council of Nurses (ICN) defines LV abuse as “behavior that humiliates, degrades, or otherwise indicates a lack of respect for the dignity and worth of an individual” (ICN, 2004).

Stats

about 35% of employees are bullied Women bullies target women 84% of the

time Men bullies target women 69% of the

time Vast majority of bullies are bosses (81%) In 70% of cases, the bullying only

stopped when the victim quit, was let go or transferred

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More stats………………..

Women are more likely to report bullying

About 1 victim in 100 either attempts or succeeds in suicide

Most people who are bullied report damage to their health

Overwhelming majority of bullies are repeat offenders

Bullying responsible for 1 resignation in 4

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Bullying starts early

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A study of student nurses reported that 53% had been put down by a staff nurse (Longo, 2007);

52% reported having been threatened or experienced verbal violence at work (ANA, 2011).

Healthcare Stats

2005 Stats Can data

34 per cent of the 12,200 respondents reported physical violence;

47 per cent experienced emotional abuse;

According to Work Safe BC, in BC in 2007, violence in the workplace, accounted for 12 % of all WCC claims in health care!

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Healthcare Stats

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While patients continue to represent the largest proportion of perpetrators overall, co-workers are responsible for up to 55 percent of all emotional abuse and 53 percent of all sexual harassment

Psychological risk in Cdn workplace

% employees reportingSector Serious

Concerns

Significant Concerns

% Reporting Risk

Manufacturing

5% 33% 38%

Public Administration

3% 29% 32%

Health Care & Social Assistance

4% 28% 32%

Retail Trade 4% 24% 28%

Finance & Insurance

2% 22% 24%

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Causes of LV

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Research finds a clear link between abuse for patients/residents and the workplace environment. There are higher rates of violence in work areas with short staffing, under-staffing, lack of support from management, and poor teamwork among health care disciplines.

What are Bullying Behaviors?

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Types of Bullies

                                         

                        

                      

Two Headed SnakeThe Screaming MimiCG Hylton

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Types of Bullies

              

The GatekeeperThe Constant Critic

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Workplace Bullying Behaviours

© Human Factor Australia

Verbal abuse Put downs, humiliating jokes and comments,

constant teasing Yelling, name calling, swearing, snide remarks,

sarcasm Unfair criticism Negative comments about someone’s sexual

orientation Unwelcome comments about someone’s race,

religion or background Threats and intimidation

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Workplace Bullying Behaviours (cont..)

© Human Factor Australia

Non-verbal Abuse Rude gestures and disrespectful facial

expressions Unfair workloads Withholding of resources or information

needed to undertake work Unnecessary changes in work patterns or

conditions Denying access to rights or promotions Isolation and exclusion Stalking Displaying offensive material Leering CG Hylton

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Workplace Bullying Behaviours (cont..)

© Human Factor Australia

Physical Abuse Unwelcome pranks, horse-play and

practical jokes Invading personal space and stand over

tactics Uninvited touching or brushing against

someone Pushing, shoving, hitting, tripping, spitting Damage to personal property

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EFFECTS of LV

Reduced efficiency, productivity & profitability Adverse Publicity/Erosion of Company image Increased absenteeism Staff turnover Costs associated with counselling, recruitment,

compensation claims Legal costs associated with defending civil or

criminal charges Loss of sleep, loss of appetite & low morale Feelings of anger, humiliation, frustration,

depression, stress, powerlessness

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Profile of the victim

Not all weak and incompetent Better than average performers Conscientious and diligent Popular, source of help and advice Tolerant, do not fight back or retaliate Strong morals, integrity Isolated, not part of a clique

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What are Disrespectful/Bullying Behaviours?

Separates target from co-workers Excludes from

participation Breaking

confidentiality Ridiculing, criticizing Intimidating Threats Sabotaging work Minimizing concerns

Silent treatment Labels target as a troublemaker Undermining authority Over-monitoring of

work Shaming/ insulting Spreading rumors/

gossip Overloaded with

deadlines, impossible tasks…..

And many more!!

Too many to list!!!!

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What employees want

Surveys of Best Practices tell us what employees want in the workplace:1. Respect2. Healthy and Safe work environment3. Trustworthy Leadership4. Work / Life Balance5. Sense of Pride and Accomplishment

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It is one where

Employees are valued and have opportunity for input and feedback

Communication is polite and courteous People are treated as they wish to be treated Conflict is addressed in a positive and

respectful manner Disrespectful behaviour and harassment are

addressed Anyone work in a place like this?

What is a Respectful Workplace

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What is a Toxic Workplace?

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Employees are devalued and little opportunity for input and feedback

Communication is non existent, gossipy

People are treated as they wish to be treated

Conflict is not addressed Disrespectful behaviour and

harassment are ignored Anyone work in a place like this?

Toxic Workplace

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SOLUTIONS

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If you are an employer where LV is occurring, what do you do, any ideas?

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Policies and Training

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Policies should have strong opening statements regarding the company’s attitude to harassment in the workplace

Awareness training among staff is a key strategy in addressing harassment

Zero tolerance approach

Whistleblower protection

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There must also be a policy that protects nurse from retribution if they report violent or aggressive behavior

What else can companies do?

Managers and supervisors need to play mediators in order to help resolve issues

Offer workshops that build team cooperation

Offer an EAP (Employee Assistance Program)

This program allows your employees to speak to a counsellor about any issues

Can be used as requirement to keep positions if attitudes or issues affect their work and the people around them

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Solution Myths

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It’s a personal issue

Myth 1: We don't need to train our staff about domestic violence. That is a personal issue that has nothing to do with the workplace.

Fact: Ignoring effects of domestic violence has a clear impact on org bottom line.  Each year, business owners pay out almost $728 million in lost productivity and 8 million paid workdays  -- the equivalent of more than 32,000 full-time jobs. 

Six-figure jury awards to victims or co-workers and their estates are not uncommon for employers who fail to properly and adequately address domestic violence at work.

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HR can deal with it

Myth 2: If a victim of domestic violence wants help, we have Human Resource staff available. All the battered worker has to do, is ask!

Fact: Battered workers usually will not approach their employer for help. Research on battered women demonstrates the primary reason the victim does not disclose abuse at home, is fear of job loss or retribution. Remember, her job may represent her only independence from the batterer.

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Just fire someone

Myth 3: It would be easier to just fire a battered worker.

Fact: Trained employees are an asset to your company.  The Society for Human Resources estimates that each employee you fire costs you 30% of their annual salary to replace them & train someone else to do their job.  It is far less expensive to help your employee obtain the resources s/he needs.

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There is no cost to us

Myth 4: Domestic violence doesn’t cost my business anything…why should I care?

Fact: Besides the employee absenteeism and lost productivity costs, the costs of intimate partner violence exceed $5.8 billion each year, $4.1 billion of which is for direct medical and mental health care services, much of which is paid for by the employer.

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Your policies

Are you aware of your workplace policies on Harassment & Workplace Bullying?

How many have a zero tolerance policy

How many still have workplace bullying?

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If you are the Ee being harassed…

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Any ideas please what you should do?

If you are the Ee being harassed…

Tell the person to stop!Report it to your: Supervisor/Manager HR Manager Field Officer/TrainerKeep a record of the harassment

When, Where, Who Saw ItCG Hylton

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So you have a Bully - what to do

Bully’s are smart they won’t bully you when others are watching...so write everything down that is said or done.

Do not keep this paper at work, it will be found by the bully.

Watch for the pattern that will appear once you start journaling all incidents

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What to do

It's not each incident that counts, it's the number, regularity and especially the patterns that reveal bullying

A bully can explain and/or charm away an incident but it’s harder to explain a pattern or series of events

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What to do

Keep copies of all letters, memos, emails, etc. Get and keep everything in writing otherwise the bully will deny everything later

Carry a notepad and pen with you to record everything that the bully says and does.

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What to do

Make a note of every interaction with personnel, management, and anyone else connected with the bullying

Expect to be accused of "misconduct" and "unprofessional behaviour" and a few other things when you do this

The bully will be angry and try to discredit you

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What to do

The bully will be angry and try to discredit you

Ask the bully to substantiate their criticisms and allegations in writing by providing substantive and quantifiable evidence

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The Bully

Do not underestimate

the bully's capacity to

deceive!!

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The Action Plan

Talk to your supervisor

Share your notes

Arrange a meeting with victim, bully and management or 3rd party mediator

SOLVE THE PROBLEM

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Break the cycle

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The goal is for the individual, having been educated about anger, self-insight, lateral violence, etc., to help break the cycle of violence by recognizing the abuse aimed at them and choosing to react differently, especially non-aggressively.

Stay calm

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For example if a colleague lashes out at you regarding your opinion on a unit issue, you should hear the person out, think about what and why it was said,

then respond to your colleague in a non-judgemental and non-argumentative tone.

If your colleague’s anger stays the same, leave the site.

What do you do?

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One of the first steps that must occur is to interrupt the violence.

Although difficult, it is imperative to address workplace violence early and to learn how to confront the person exhibiting the behavior that affects you.

It helps to objectively describe the behavior to the one exhibiting it.

Cognitive rehearsal

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Cognitive rehearsal asks the individual to hold in their mind information that they have just received, rather than react

During this time, the individual has the opportunity to process the information, and ponder it, rather than responding immediately.

For instance, if a colleague lashes out at you regarding your opinion on a unit issue, you should hear the person out, think about what and why it was said, then respond to your colleague in a non-judgemental and non-argumentative tone. If your colleague’s anger stays the same, leave the site.

LAWS

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Laws - Duty of Care

Employers have a responsibility to ensure the health & welfare of their workers under Workplace Health & Safety Rules

In the area of employment, employers can be held liable for the wrongs committed by their employees in the course of work

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Vicarious Liability

Means that if an employee harasses a co-worker, client, customer, employer can be held legally responsible for the actions of that employee and may be liable for damages

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2004: Quebec Labour Standards 81.18The first statutory law against "psychological harassment"

2007: Saskatchewan Occupational Health and Safety Act (Bill 66)The OHS regulatory approach defining bullying as an occupational health risk

2008: Canada Labour Code (Federal)

2010: Bill 168, OHS legislation Ontario

Canadian Anti-Bullying Laws

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Manitoba newest province to add legislation:

Workplace Safety and Health Regulations came into effect Feb 1, 2011

Obligation to protect workers from psychological harassment

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Alberta Response:

Workplace Safety and Health Regulations came into effect 2006

Part 27 of the Occupational Health and Safety (OHS) Code.

Section 390 of the OHS Code requires employers to develop a policy and procedures respecting potential workplace violence.

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Alberta Response

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Section 391 of the OHS Code requires employers to instruct workers how to recognize workplace

violence communicate the organization’s policy and

procedures related to workplace violence, develop appropriate responses to workplace

violence, and develop procedures for reporting, investigating

and documenting incidents of workplace violence.

Alberta Rights of Workers

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Under the Occupational Health and Safety Act, workers have the duty to refuse to engage in work that they perceive to threaten their safety and health beyond what is reasonable for the job. Section 35

Eg, a home care worker entering the home of a potentially abusive client might endanger the worker’s own health and safety, could refuse work.

Alberta Suggested Er Responses

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apology training referral to an EAP reassignment or relocation limiting access to certain areas of the

organization report to professional body discipline discharge filing a complaint or criminal charges

Alberta - Forms of Legal Action

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Workplace discipline Professional disciplinary action Human Rights complaint Occupational Health and Safety

complaint Civil suit Criminal or quasi-criminal charge

Workplace Discipline

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This may range from a verbal or written warning in relatively minor cases to suspension, or finally termination for the most serious offences

Progressive discipline normally imposed for offenses not considered serious enough to warrant immediate dismissal

For example, a worker engaged in verbal abuse, a first offense might result in a written warning, a second in suspension and further repetition in termination

Professional Disciplinary Action

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Where alleged abuser is member of a regulated profession, charges of professional misconduct may be brought before the relevant College / Assoc

The College / Assoc must then investigate and, if sufficient evidence is found, a disciplinary hearing would be held

A professional found guilty of misconduct could face one or more penalties, ranging from reprimand to financial penalties or loss of a license to practice

Alberta Human Rights Complaint

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complainant must prove that the abuse was a form of discrimination on one of the prohibited grounds — race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income or family status

Sexual orientation also included as result of 1998 Supreme Court of Canada

Alberta Suggestions for Policies

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Right to assistance statement anyone who believes they have been subjected to

violence and harassment has the right to access assistance in communicating their objections and, if warranted, in pursuing the complaint more formally.

At a minimum, assistance may be provided by a Human Resources representative and may also include support by a co-worker, a trained contact person, a union representative or a professional association representative.

The procedure should also include a statement indicating that individuals have the right to address their concerns to the Alberta Human Rights Commission.

Alberta Policy Suggestion

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Management of the offender The employer must address an incident of abuse in

an objective and consistent manner. In substantiated complaints, the following factors should be considered when determining corrective action:

(a) impact of the abuse on the victim (b) nature of the abuse (c) degree of aggressiveness and physical contact in

the abuse (d) period of time over which the abuse took place (e) frequency of the abuse (f) vulnerability of the victim

The Typical Organizational Response

Research demonstrates responses by supervisors/managers to be helpful in less than 20% of cases

The bully suffers consequences in only 13% of cases

Often failure to intervene at all; minimizing problem as ‘personality conflict’ or reinforcing the behavior by actually promoting the bully

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Case Study

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3000 healthcare workers, 2500 female Central Health developed a VP program

over a year in 2009 involved staff and unions

Negative effects on Employee absenteeism/ presenteeism damage to work performance depression, anxiety, PTSD impact on victims, witnesses, bystanders

Negative effects on Employer Recruitment, retention employee dissatisfaction loss of productivity costs including litigation damage to teams performance toxic workplaces

Why Do We Need a Respectful Workplace Program (RWP?

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Central Health Effect Stats

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Severe anxiety 76% Poor/disrupted sleep 71% PTSD 39% Clinical depression 39% Panic attacks 32%

Regulatory and Legal Environment

The increased need for policies and procedures in organizations

governments (Fed. and Prov.) Healthcare Industry Post-secondary Institutions Private Businesses

Legal challenges In less than 4 years, we have seen

damages in Canada go from $15,000 to $950,000.00

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Central Health’s Program

Program Development began in Jan./09

Advisory Committee formed as subcommittee of the Violence Prevention Committee.

unions (NAPE, CUPE, AAHP, NLNU) non-union, non-management labour relations EFAP management

Allocation of resources for 6 month Respectful Workplace Coordinator position

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Central Health’s Program

Information sessions held for all staff Policy reviewed though VP Committee

and OH&S Committees. Policy implemented in Aug/09 RWP advisors trained Feb/10 Investigation training March/10 Revised policy summer/10

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Respectful Workplace Program

Based on prevention and early intervention

Provides options for intervention and resolution

Provides formal and Informal complaints processes

Outlines other options available

Outlines roles and responsibilities

Clear definitions CG Hylton

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Respectful Workplace Policy

“Central Health will promote a safe and respectful workplace for all its

employees where disrespectful behavior, harassment and bullying are unacceptable anywhere in our

workplace, at any level”. This policy applies to all executive staff, managers, supervisors, physicians, staff, volunteers, students, contractors and all others working or carrying out duties on behalf of Central Health.

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Complaints Process

Informal complaint

Formal complaint

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INFORMAL

Deal directly with situation

Document discussions, keep copies of correspondence

Seek services of RWP advisor

Seek EFAP assistance

Counselling services

RWP program services may be recommended

Discuss concerns with program manager, or next level of management

Advise options available under RWP program

Supportive services can be provided

Facts will be gathered.

Options for resolution explored.

Recommendations made.Monitor and follow-up.

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Complaint is made in writing

Detail events, dates, times, names, witnesses

Complaint is forwarded to the VP of HR.

Decision to be made within ten days whether to proceed under the RWP

policy .

If proceeding, both the complainant and the

respondent are notified.

Investigator is assigned Investigator will submit a written report to the VP of HR.

Both parties may respond

VP of HR to make a decision for intervention

FORMAL

If not proceeding, complainant is notified. Other options provided

VP reviews, consults, and

gathers information.

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Role of RWP Advisors

To attend training re org’s RWP policy and participate in Advisors meetings to address skills and discuss issues re role.

Listen to employees who believe that they have been subjected to disrespectful/ bullying behaviors

To explain options for addressing behavior under the policy

To provide support throughout the process (i.e. helping them prepare what to say or accompanying them to see supervisors / EFAP Coordinator)

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Respectful Workplace Advisors Role

To deal with cases in the most confidential matter

To support the monitoring of the program though recording the number of cases in which advisors have been involved

To refer individuals for support where necessary

To model respectful behavior at all times

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Employee Family Assistance Program (EFAP) Coordinator’s Role

Consultation with HR, management

Arrange conflict resolution/ mediation services

Policy monitoring and development

Training and awareness sessions (conflict resolution, team building)

Counselling – victims and colleagues

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Are we there yet?

Most organizations are hierarchical organizations, Central Health is no exception

Cultural “drift” Accepting the way things have been Excusing behaviour Culture eats policy for breakfast

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Remember….

Addressing and preventing bullying is everyone’s responsibility.

Supervisors and managers should address disrespectful behavior IMMEDIATELY

Ultimately, it is the employer’s responsibility to provide a respectful and harassment free workplace

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Leadership is key

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Tone is set at the top

You have been a wonderful audience

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If I may assist you in any way please let me know.

Our offer to you88

Please call if you have any HR, or workplace issue that you are overwhelmed with

We can help you

We also are pleased to do Free Workshops for your organization (some limits apply) Let us know what your needs are and we will make it happen!

CG Hylton - Services

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Benefits, Pensions,

EAP Strategic

Planning Drug and

Alcohol programs

Dept re-orgs Leadership

compensation89

Tel 403 264 5288chris@hylton.ca

Thank you for the opportunity to meet today!

HR Consulting

Training Benefits,

Pensions EAP

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tel 403 264 5288chris@hylton.ca CG Hylton

Resources

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United Nurses of Alberta Workshops: http://www.una.ab.ca/resources/ohs/workshops

United Nurses of Alberta Report Form: http://www.una.ab.ca/resources/ohs/pdf/OH&Sform.pdf

WBI, US Workplace Bullying Survey: http://www.una.ab.ca/resources/ohs/pdf/2012-05-21-WBI-National-Survey-2010.pdf

American Nurses Association Resolution Workplace Abuse and Harassment of Nurses http://www.nursingworld.org/MainMenuCategories/WorkplaceSafety/Healthy-Nurse/WorkplaceAbuseandHarassmentofNurses-1.pdf

ANA’s Workplace Violence web page: http://www.nursingworld.org/MainMenuCategories/WorkplaceSafety/workplaceviolence

OSHA’s Workplace Violence web page: http://www.osha.gov/SLTC/workplaceviolence/

References please see notes below please