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WORKPLACE VIOLENCE
The Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes: · an attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and · a statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. This definition of workplace violence is broad enough to include acts that would constitute offences under Canada’s Criminal Code. Examples of workplace violence include: · verbally threatening to attack a worker · leaving threatening notes at or sending threatening e-mails to a workplace · shaking a fist in a worker’s face · wielding a weapon at work · hitting or trying to hit a worker · throwing an object at a worker · sexual violence against a worker · kicking an object the worker is standing on such as a ladder · trying to run down a worker using a vehicle or equipment such as a forklift. Under the legislation, the following areas must be addressed: · Workplace Violence Policy · Assessing the Risks of Workplace Violence · Health and Safety Representation · Continued compliance and ongoing revisions with a change of circumstance · Information and Instruction on Workplace Violence · Training of workers regarding summoning immediate assistance, incident reporting, investigation procedure · Supervisor’s responsibilities to protect a worker |
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DOMESTIC VIOLENCE Under the Occupational Health and Safety Act, an employer must take every precaution reasonable under the circumstances for the protection of workers when they are aware, or ought reasonably to be aware, that domestic violence may occur in the workplace, and that it would likely expose a worker to physical injury [Section 32.0.4]. A person who has a personal relationship with a worker – such as a spouse or former spouse, current or former intimate partner or a family member – may physically harm, or attempt or threaten to physically harm that worker at work. In these situations, domestic violence is considered workplace violence. An employer may become aware of domestic violence when an incident takes place at the workplace or when a concern is reported by a targeted worker, co-workers or someone else. Other indicators could include threatening emails and phone calls received at work or unwelcome visits at the workplace such as by an abusive partner. Even if a worker does not want any steps taken, the employer may still be required to take some action to protect the targeted worker and other workers, depending on the circumstances. The employer should work closely with the targeted worker to develop reasonable precautions to address the situation while attempting to respect the worker’s privacy and the sensitivity of the issue. The Occupational Health and Safety Act, does not require an employer to assess the risk of domestic violence occurring in a workplace. However, an employer may wish to conduct a review of violent incidents or threats of violence from all sources. This may help the employer determine the origins of workplace violence and the likelihood that violence will occur at a particular workplace. |
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AN EMPLOYEE’S RIGHT TO REFUSE WORK
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Worth in the Workplace |
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Worth Personnel Group |
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Worth in the Workplace |
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AN EMPLOYEE WITH A HISTORY OF VIOLENT BEHAVIOUR
An employer’s duty includes a duty to provide information, including personal information related to a risk of workplace violence from a person with a history of violent behaviour if:
· The worker can be expected to encounter that person in the course of his/her work, and · The risk of workplace violence is likely to expose the worker to physical injury
An employer’s disclosure of personal information in these circumstances must be limited to that which is reasonably necessary to protect a worker from physical injury |
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WORKPLACE HARASSMENT The Occupational Health and Safety Act defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker, in a workplace -- behaviour that is known or ought reasonably to be known to be unwelcome [Section 1]. The comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months or years). Workplace harassment can involve unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. It can also include behaviours that intimidate, isolate or even discriminate against the targeted individual(s). Workplace harassment often involves repeated words or actions, or a pattern of behaviours, against a worker or group of workers in the workplace that are unwelcome. This may include · making remarks, jokes or innuendos that demean, ridicule, intimidate, or offend · displaying or circulating offensive pictures or materials in print or electronic form · bullying · repeated offensive or intimidating phone calls or e-mails · inappropriate sexual touching, advances, suggestions or requests. This definition of workplace harassment is broad enough to include harassment prohibited under Ontario’s Human Rights Code, as well as what is often called “psychological harassment” or “personal harassment.” For example, workers must report the absence of, or defect in, any equipment or protective device of which the worker is aware [Section 28 (1) (b)] · refrain from engaging in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct [Section 28(2)(c)]. While this type of behaviour may not constitute workplace violence, it must not be allowed. If allowed to continue, this behaviour may escalate into workplace violence.
CONDUCTING CRIMINAL BACKGROUND CHECKS ON PEOPLE IN THE WORKPLACE The Occupational Health and Safety Act does not require employers or supervisors to do criminal background checks or to otherwise seek out information on workers or other people who are likely to be in the workplace. ESCALATION Workplace harassment may escalate to threats or acts of physical violence or a targeted worker may react violently to prolonged harassment in the workplace. It is important for employers to recognize these behaviours and to deal with them promptly because they could lead to workplace violence. The requirement for all workplaces to have a workplace harassment policy and program will help workplace parties recognize and deal with workplace harassment before it escalates into possible workplace violence. |
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Additional Information on Workplace Violence Additional Information on Workplace Harassment Official Government information is available at: http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.php
FOR MORE INFORMATION |
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ACTION PLAN
Provide a Workplace Violence and Harassment Policy · This document, which is customized to the needs of your specific company, is an extension of your existing Health and Safety policies. If none currently exist, we will work with you to implement them
Provide a Workplace Violence and Harassment Program · We will assess risks, and then include measures to control these risks, including emergency response and reporting procedures, incident procedures as well as employee complaint procedures · We provide a program which will manage Workplace Violence and Harassment risks and procedures in a manner auditable by OHSA inspectors
Conduct a risk assessment and communicate the results to your health and safety team and workers · This involves a documented assessment of identified risks and exposures, including existing controls for prevention and management, as well as a plan to continuously manage these risks; review controls as necessary · Risk Assessment includes personal interviews with owners, management and employees · As required, we assess comparative workplace environments
Provide information, where prudent, regarding another’s history of violence to determine a risk of injury We determine a written protocol as to how to respond to an incident
Provide a written protocol for work refusal Where workplace violence may likely endanger an employee’s safety
Provide a written process to identify, assess and control exposure to domestic violence in the workplace
Educate and Train each staff member |