Workplace Harassment and Violence Policies - Health and Safety
(Your logo here) Violence and Harassment in the Workplace Bill 168.
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Transcript of (Your logo here) Violence and Harassment in the Workplace Bill 168.
Why?
Almost 1 in 5 violent incidents in Canada occur at work
9/10 Victims of violence reported the violent act to police, co-workers, friends and family, but NOT their employer
Research suggests that 70% of domestic violence victims are also abused at work
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Why Should We Care?
It’s the LawCompliance with Bill 168 is enforced
by the Ministry of LabourCompliance will be a key priority of
Health and Safety Inspectors Fines up to $500,000 for an
organizationFines up to $25,000 and/or 12
months jail time for individuals
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Workplace Violence is on the Rise
A 2004 Statistics Canada Survey entitled “Criminal Victimization in the Workplace” found that 17% of violent incidents in Canada occur at the workplace.
This represents 356,000 workplace violence incidents in a 12-month period across Canada.
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Workplace Violence is on the Rise
cont’dOC Transpo tragedy in 1999. A victim of severe workplace
harassment kills 4 co-workers and then kills himself.
47 year old Aysegul Candir killed in the parking lot of the high school where she worked in Brampton by her estranged husband in 2004.
37 year old Lori Dupont stabbed to death by her estranged boyfriend while at work at Hotel Dieu Grace Hospital in Windsor even though the Hospital knew that the boyfriend had been stalking Dupont for months
Isolated incidents?
Not according to statistics!!
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Workplace Violence is on
the Rise cont’d
In 2007, there were 2,150 lost time claims from assaults, violent acts, harassment and acts of war or terrorism in Ontario.
It is estimated that bullied employees waste between 10 and 50% of their time at work defending themselves, networking for support and agonizing over their situation.
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Bill 168
Bill 168 was introduced in the legislature on April 20,
2009.
Received Royal Assent on December 15, 2009 and
came into effect on June 15, 2010.
The new legislation imposes significant obligations
for employers to develop and implement policies to
address workplace violence and harassment, and to assess the risk of violence in the workplace.
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Bill 168 cont’d
The Bill also imposes a duty on us to address domestic violence in the workplace, requires certain procedures that must be followed if a violent incident occurs in the workplace, and requires that workers be informed if a person has a history of violence.
Workers will have the right to refuse to work if they feel they believe they are the target of workplace violence.
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What is Bill 168?
To protect workers against violence and threats of violence at work
To ensure we address incidents of harassment
To create an environment where concerns and complaints are welcome
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Respectful Workplace
A positive, safe and healthy workplace that results in the preservation of equal dignity and creates a culture that supports an individuals’ physical, emotional and social well-being.
Not only compliance to protect individuals from harassment and discrimination; it also places an obligation on employees to maintain a workplace that supports each individuals’ physical, emotional and social well-being.
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Workplace
All locations where Employees conduct business or social
activities (including after hours work events)
AND Where their behaviour may have a
subsequent impact on work relationship, environment or performance
This includes Incidents that occur by way of electronic
communication (i.e. e-mail and voicemail)
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Workplace Harassment
Workplace harassment is defined as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.
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Harassment
Not defined by intent but rather perception of:
Physical actions Patronizing or condescending behaviour or
language Inappropriate jokes and/or insults Displays of offensive materials or e-mail Behaviours which contribute to a poisoned
work environment; and Bullying (psychological harassment)
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Bullying
Behaviour by a person or group which intimidates or demeans another person, and includes, but is not limited to: Abuse of power Humiliation or embarrassment Persistent and unjustified criticism Threats, or Rumours/gossip
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What IS and IS NOT
Bullying?
Behaviour or language that frightens humiliates or degrades
Documenting poor performance
Teasing or making someone the brunt of a practical joke persistently
A decision not to award or provide a promotion
Taking action to demote, discipline or terminate
Following up on absences
Displaying materials that are offensive or degrading
Spreading rumours and/or gossip
Setting unattainable deadlines for an increased workload
Removing areas of responsibility
Taking a firm stand on an issue with employees
Yelling, threatening and/or using profanity
Criticizing a person’s approach
Blocking request for training, leave or promotion
Denying vacation request
Excluding or isolating a person
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Discrimination
Every person has the right to freedom from discrimination and harassment in the workplace because of:Race
Ancestry
Place of Origin
Colour
Ethnicity
Citizenship
Creed (religion)
Sex (gender)
Sexual orientation
Age
Record of Offences
Marital Status
Family Status
Disability
Can be either intentional or unintentionalResults in a person being treated unequally
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Workplace Violence
The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;
An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker;
A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.
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Forms of WorkplaceViolence
Violence by Strangers
Violence by Customers/Clients
Violence by Co-workers
Violence by Personal Relations
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Questions to ask ourselves
Could this behaviour be perceived to be unwelcome and/or offensive?
Would a “reasonable person” have known that the conduct was not welcome or offensive?
Have these actions humiliated, embarrassed, demeaned or harmed somebody else?
Is it a series of events or a single incident?
Note: A single serious incident may constitute harassment
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Violence and Domestic
Violence Policy
Obligation to disclose relevant information about anyone with a history of violent behaviour to others who may be impacted where there is a risk of violence at work
Obligation is to disclose relevant information about the risk when you are aware or reasonably should be aware of the risk of violence
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Violence and Domestic
Violence Policy cont’d
Reasonable measures to protect workers include: domestic violence training, security measures such as installation of a
panic button or additional door locks, developing a safety plan with potential
victims
Workers have the right to refuse unsafe work
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Employees Are
Expected To…
Promote and Contribute to a Respectful Workplace
Refrain from any violation of this policy
Report incidents where violations of this policy have occurred to any person with leadership and/or supervisory responsibility; and
Cooperate fully in any investigation
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Harassment and Respect in the
Workplace Policy
The policy must provide measures and procedures that allow workers to report incidents of harassment and,
Explain how the employer will investigate and deal with any complaints
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Additional Communicati
on Requirement
s
Employers are required to disclose personal information about those with a violent past
Confidentiality will be protected however, workplace safety is priority #1
Risk assessments will be conducted and communicated to staff
If you believe there is a risk of violence, please inform your manager and/or HR
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Specifics of Bill 168
Harassment Program Development
We have also developed a harassment policy to address workplace harassment
The program includes measures and procedures for: reporting incidents of workplace harassment to
managers and/or HR; and describing how we will investigate incidents or
complaints of workplace harassment.
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Specifics of Bill 168
Violence Risk Assessment We must assess the risks of violence by
taking into account common risks at similar workplaces and risks that are specific to the our business.
The results of the assessments must be provided to the Management Team.
We will reassess risks of workplace violence as often as is necessary.
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Specifics of Bill 168
Training of Supervisors and Staff Bill 168 requires the employer to
provide information and instruction to all staff and Supervisors on the contents of the workplace violence and harassment policies and programs.
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AssessingWorkplace
Risk
Assess the potential for workplace violence that: Can arise from the nature of the workplace; Can arise from the type of work or conditions of work;
Common risks that are similar in the industry.
Requirement to reassess the risk of workplace violence as often as necessary to ensure that the policies and programs protect workers.
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Commitment for safety to all
employees
Statement reflecting no tolerance Definitions of workplace violence and
harassment Behaviours constituting violence and
harassment Responsibilities of stakeholders Process for making complaints
Investigation process Corrective action Safe place provided if needed Confidentiality and discretion Reprisals and non-retaliation
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Complaint
Resolution
Options
Informal Internal Complaints
Formal Internal Complaints
External Complaints & Resources
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Informal Complaints Resolution
Process
1. Employee approaches person and asks that the behaviour stops
2. Employee keeps a record of discussions and any other incidents
3. Employee approaches leader, if problem persists and/or uncomfortable
Employee can speak to management or HR at anytime
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Formal Complaint Process
1. Employee issues complaint in writing to management or HR within 30 days of incident
2. Management immediately forward complaint to HR. Complaint will be investigated in an impartial and timely manner.
3. Investigator will arrange to interview complainant and notes will be taken
4. Complaint will be investigated thoroughly with any necessary consultation with other employees
5. Report including recommendations will be discussed with complainant’s manager
6. Investigator will provide both the complainant and the alleged with a written response.
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Key Points to
Remember
Use common sense and good judgment: if in doubt, don’t do it
Think before you say it or send in an email
Behaviour that does not rise to the level of unlawful harassment may still violate ACTA’s policy
Whether conduct is unwelcome depends on the other person’s perception and how a reasonable person would view that behaviour, not your intention.
Demonstrate respect – a civil, professional and healthy workplace begins with each of us, every day.
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Summary
Everyone has access to a copy of the Violence and Harassment policy from management
The Management Team will be reviewing our office and determining what risks are present and what we need to do to ensure everyone’s safety
The incident report can also be acquired from Management
It is everyone’s responsibility to make sure that we have an environment free from violence and harassment – not only a responsibility but the law
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For Discussi
on
Suzie was working late in the ACTA office one night, by the time she was ready to leave she was actually alone in the office (her manager did not know that she was working late). During the latter part of the day, a customer had come in to pay and Suzie had $2,500 in cash from the customer. It was December so by the time she left it was very dark outside. She had parked her car in the underground parking so had to walk through the lot to the door. All of the overhead lighting had burned out a couple of weeks ago. Suzie was very nervous walking out to her car.
What are the issues?
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Discussion
Walter starts working at ACTA in the ABC team. Walter is a quiet man with a lot of body hair. All the members of the ABC team have been given nicknames over the years, Pillsbury Dough Boy (due to size), Pork Chop (due to nationality). Even Management uses these nicknames to address people. Walter became nervous about the nickname the group was creating for him. When young the kids at school called him Werewolf and he was very anxious not to draw this attention to his bodily hair. Walter confided in his Manager that this would cause him a great deal of anxiety should anyone come up with that name. The next day his team members began to refer to Walter as Werewolf, when he corrected them and stated that his name is Walter, the team ignored him and said everyone has a nickname and if he is part of the team he needs to participate. Walter began to withdraw from the group, his performance deteriorated and he ended up on medical leave.
What are the issues?
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Discussion
Beth and Elmer are new employees at ACTA. Jack, a long term employee, likes playing practical jokes on people. At first it was things like unscrewing the doorknob on the washroom so that it fell off in Beth’s hand when she closed the door. He often uses an Elmer Fudd voice and asks Elmer if he would like to share some “wabbit” stew for lunch. He likes to tell blonde jokes and looks at Beth whenever he does (she is blonde). Both Beth and Elmer have complained to their manager, who tells them Jack is a good guy and is just having fun. He says Jack does this with all new employees, so maybe they should lighten up and pull a few pranks on Jack themselves. Things, however, got out of hand when Jack let the air out of one of Elmer’s tires. Elmer was furious and called Jack a “stupid jerk” saying he was going to complain to management. Jack said “Go ahead, management won’t take time out of their busy schedule to listen to some dumb blonde and Elmer Fudd complaining about a joke. Beth quit work the next day. Elmer is very unhappy and constantly worried about what Jack is to going to do next.
What are the issues?
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Tim starts working at ACTA in the XYZ team. Tim is a tall and very attractive man and in a committed relationship with his fiancé, Hannah. Tim despite being very good looking, struggles with the work and cannot seem to catch on to what he is supposed to do. The other members of the team (all women) begin to get frustrated because he just doesn’t seem to understand and proceed to discuss the situation with the manager, Julie. Julie defends Tim, saying that he will catch on, he just needs more time and besides “he is not too hard on the eyes”. She then starts working closely with Tim to train him personally on how to do the job. Tim begins to feel uncomfortable with the “extra attention” that he is receiving from Julie, but doesn’t know what to do. One afternoon, he is in Julie’s office working on a file and Julie tells him not to worry about the file, she would take care of it, it was okay just to sit there where she could get a good look at his abs. As Tim was leaving her office, Julie rubbed up against Tim and suggested they should get together for a drink after work. Tim has not shown up to work again.
What are the issues?
Discussion(your logo here)