Transcript Workplace Violence” - Canadian Society of Safety Engineering

“Profiting Through Prevention”
What are we talking about…
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Continuing disagreement regarding
the definition and parameters of
violence.
Two parameters:
– physical versus Non physical
– The source (who is the perpetrator)
Violence Definitions Vary
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BC – “…attempted or actual exercise by a person ,
other than a worker, of any physical force…”
Sask. – “…attempted, threatened or actual conduct
of a person that causes or is likely to cause injury…”
NS – “…attempted, threatened or actual conduct
that endangers the health & safety of the
employee…”
ON – “…threatened, attempted or actual exercise
of any physical force…” “ …vexatious comment or
conduct that constitutes a threat…”
Psychological Harassment
“…means an vexatious behaviour in the
form of repeated and hostile or unwanted
conduct, verbal comments, actions or
gestures, that affects an employee’s dignity
or psychological or physical integrity and
results in a harmful work environment…”
Quebec Labour Standards - June 1, 2004
Growing Pressure to expand
the Definition of Violence…
We recommend that workplace
violence be defined, not only as
physical violence but also as
psychological violence such as:
bullying, mobbing, teasing, ridicule
or any other act or words that could
psychologically hurt or isolate a
person in the workplace.
(OC Transpo Inquest – Recommendation #7)
Growing Pressure to expand
the Definition of Violence…
A Review of the Occupational Health and
Safety Act to examine the feasibility of
including domestic violence, abuse and
harassment as matters subject to
Ministry of Labour Investigation and
Action
Lori Dupont Coroner’s Inquest – December 11, 2007
Canada Labour Code II
Proposed Regulations December 15, 2007
“Any action , conduct, threat or gesture
of a person towards an employee in
their workplace that can reasonably be
expected to cause harm, injury or
illness to that employee”
The Evolution of “Bullying”
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Historically the focus of attention was
on “physical workplace violence”
Growing evidence to suggest that
interpersonal mistreatment has been a
contributor
This mistreatment has been described
as “verbal”, “indirect” and “passive”
A General Definition of
“Bullying”
Workplace bullying is the persistent
mistreatment of one or more employees,
sometimes by an employee in a position of
influence or authority, who, intentionally or
unwittingly, subjects others to behaviour that
humiliates, demoralizes or otherwise undermines
the victim’s credibility, effectiveness and
personal wellbeing.
Our Working Definition
“Any incident in which a person is abused,
threatened or assaulted in circumstances
relating to their work. These behaviors
would originate from customers, co-workers
at any level of the organization. This
definition would include all forms of
harassment, bullying, intimidation, physical
threats/assaults, robbery and other
intrusive behaviors” (IOL, 1999)
The Canadian Experience
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Women have 19% higher rate of physical
or psychological assaults than the US
Stats Can. 12,000 women 51% attacked
CUPE 1994 70% reported verbal
aggression, 40% struck, 30% grabbed
CIWV 1999, 66% increase
Sexual Harassment fastest growing
compliant since 1991 (Ont. Human Rights Commission)
Canada in a Global Context
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France, Argentina, Romania, Canada,
& England reported highest rates of
assaults & sexual harassment on the
job. (ILO, 1999)
Violence: An Interaction
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An interaction between three factors:
– Stimulus that leads subject to think this is the
only way out
– A viable solution to the problem at hand
– An organization that facilitates/permits
violence, or at least does not stop it from
occurring.
The Concept of “Control”
High Locus Control
Transitory Anxiety
Chronic Lack of Control
Perceived Injustice
Low Locus of Control
The Case of “Bullying” that
Changed Canada’s Legal
Landscape
The Letter
“ …I’m going to commit an unforgivable act…I
have no choice. I’m tired, exhausted and
completely backed against the wall…They will
never leave me alone. I can’t go on living like
this! They have destroyed my life, I will destroy
their life…OC Transpo and the unions can’t hide
from what they do to me…They will pay dearly
for what they’ve done to me. The people who I
hold responsible are: (four names listed) along
with many others …all I wanted was for them
to leave me alone, not to bug me but it was too
much to ask. They have spread lies, especially
that I was a rat who denounced my own union
members to try and have them stop laughing at
me.”
Legislative/Legal
Responsibilities
Common Law Liability
•Liability of the employer for the acts of its employees
• Liability of the employer for its own acts
Statutory Liability
• Occupier’s Liability Act
• Occupational Health & Safety Act
• Human Rights code
Criminal Code
Negligence of Employer
Rests on the employers awareness of events in its
workplace and has responded reasonably based
on that knowledge. In essence a duty of care.
• Negligent hiring
• Negligent retention
• Negligent Supervision
Statutory Liability
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Occupier’s Liability Act
– People who are in control over land
must ensure that their premises are safe
for persons who may be reasonably
expected to enter.
– There are a number of security steps
that can mitigate the risk - lighting,
intercom, alarm systems, electronic
access, ID tags, single reception, etc.
Human Rights Legislation
Every Canadian jurisdiction also
has Human Rights legislation that
protects each of us against
discrimination and harassment.
Some companies have specific
policies regarding harassment
and fair work practices.
The Human Rights policy may be
integrated into your workplace
violence prevention policy or it
may stand alone.
The Criminal Code
Some acts of violence fall under the Criminal Code
just because they happened in a workplace does
not change this fact. The Criminal Code covers acts
of violence such as:
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Criminal harassment
Uttering threats
Hostage taking
Sexual assault
Assault
Murder
OH&S Legislation
Every Canadian jurisdiction
(provincial/territorial/federal)
has its own Occupational
Health and Safety legislation.
This legislation is intended to
protect all employees against
hazards on the job, including
workplace violence.
Workplace Violence Legislation
Federal
Government
Ontario (Bill 29)
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Bill 29 introduced December 13, 2007
Passed first reading
To protect workers from harassment
and violence in the workplace
“Interfering with the performance or
safety of any worker”
Proposed COHS Regulations
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Employer must assess and identify
factors that contribute to workplace
violence.
Past experience
Similar workplaces
Reports of violent incidents
Measures currently in place
Proposed COHS Regulations
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Develop, establish & post a Policy
regarding workplace violence.
Commitment to a safe workplace
Dedicate resources to address violence
including bullying and teasing.
Communicate factors that might
contribute to workplace violence
Assist victimized employees
Proposed COHS Regulations
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Once a policy in place, the employer
must establish systematic controls
90 days after the risk assessment
Prevention measures may include
workplace design and processes
Reporting/Investigation
Training
Reviewed every 3 years
Your Road Map to Prevention
Policy
Hazard Assessment
Training & Education
Incident Follow-Up
Victim
Assistance
Continuous
Program Review
Emergency
Response Planning
Prevention
Measures
Reporting & Investigation
Training & Education
All employees should understand…
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Their rights and responsibilities under both the law and the
company policy
The scope of workplace violence and risk factors
Your organization’s prevention policy
Your organization’s procedures to minimize the risk of
violence
How they are to respond to an incident, including the
correct procedures for reporting, investigating and
documenting incidents
That follow-up and support services that are available
Where to From Here…
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Violence in the Workplace: Prevention Guide –
Canadian Centre for Occupational Health & Safety –
1-800-668-4284
Violence in the Workplace, Eric Roher,
Carswell Publishing – 1-800-387-5164
Human Resources Guide to Workplace
Violence, Norman Keith, Canada Law Book
Civil Liability for Sexual Abuse & Violence in
Canada, Elizabeth Grace, Butterworths
Any of these overheads –
[email protected]