Paul Berry, District PrincipalHealth and SafetyComox Valley School District

Preventing Workplace Bullying

and Harassment Training Materials for Comox

Valley School District Staff

September, 2017

o Why a Health and Safety Concern?o Workers Compensation Acto Recognizing what is and is not workplace

bullying and harassmento Employer, supervisor, and worker obligationso Reporting procedureso Investigating incidents or complaintso What co-workers can do to stop bullying and

harassmento Talking to a bullyo Scenarioso Additional information-your questions

Workplace bullying and harassment might result in:

o Health and safety issues- Section 5.1 Mental Disorder Claims

o Distracting someone who is performing dangerous tasks

o Physical and/or psychological injury

o Lower productivity

o Lower morale

o Higher absenteeism

o Staff turnover — targets of bullying and harassment and their co-workers

o WSBC policy recognizes that all workers are exposed to pressures and tensions

o For events to be traumatic, they must be emotionally shocking and unusual and distinct from the duties and interpersonal relations connected to the worker’s employment

o ie… an emotional outburst from a child or parent would not be uncommon in our work experience..

Note: Please click on the link below to view the video. Once the video has played, click your browser’s back button to continue on with the training presentation.

https://www.worksafebc.com/en/resources/health-safety/videos/what-does-bullying-harassment-mean-for-you-and-workplace?lang=en

Duties of employers (sect:115), workers, (sect:116) and supervisors (sect: 117)

o Ensure or protect health and safety

o Includes workplace bullying and harassment

o Inform, instruct, train and supervise

o Take reasonable steps to prevent and or remedy hazardous situations

o …bullying and harassment

o Behaviour that humiliates or intimidateso Examples might include:

o Verbal aggression or insultso Vandalizing personal belongings o Sabotaging worko Spreading gossip or rumourso Humiliating initiation practices/hazingo Personal attacks based on private life, personal traitso Aggressive/t threatening gestureso Cyber-bullyingo Physical assaults

o Can come from co-workers, supervisors, employers, external sources

Bullying and Harassment includes:

o Inappropriate conduct or comment(s)

o By a person towards a worker

o Known or reasonably ought to have known that the conduct was humiliating or intimidating

o Expressing differences of opiniono Offering constructive feedbacko Making a legitimate complaint about another

worker’s conducto Reasonable management action, including

decisions about: Job duties and work to be performed Workloads and deadlines Layoffs, transfers, promotions, and reorganizations Work instruction, supervision, or feedback Work evaluation Performance management Discipline, suspensions, or terminations

o Ensure Health and Safety

o Draft a workplace policy statement

o Prevent or minimize bullying and harassment

o Develop reporting procedures

o Develop procedures for dealing with / investigating incidents or complaints

o Inform, Instruct, Train workers and supervisors

Supervisor’s Duties includes:

o Not engaging in bullying or harassment of workers, other supervisors, the employer or persons acting on behalf of the employer; and

o Applying and complying with the employer’s policies and procedures on bullying and harassment.

o Protecting own safety

o Protecting the safety of others

o Take reasonable steps to prevent and address hazardous conditions…

o Not engaging in bullying or harassment of other workers, supervisors, the employer or persons acting on behalf of the employer;

o Reporting if bullying or harassment is observed or experienced in the workplace- a requirement under legislation

o Applying and complying with the employer’s policies and procedures on bullying and harassment.

Hazardous Conditions = Bullying and Harassment

o Workplace bullying and harassment is unacceptable and not tolerated

Policy 3065 and 3065R1(Regulation) Bullying and Harassment Prevention

Policy 3065

Bullying and Harassment Prevention

http://www.sd71.bc.ca/About/departments/hea

lthsafety/Documents/3065R1.pdf

1. The Board and its employees recognize the right and responsibility of

employees, to work in an environment free from bullying and harassment.

2. It is in the interests of all concerned that the Board and its employees cooperate

in attempting to resolve, in a confidential manner, any complaints of workplace

bullying and harassment which may arise in work-related situations.

3. It is in the interests of all concerned that those who conduct business with the

Board and its employees do so in an environment free from workplace bullying and

harassment.

4. Complainants who are covered by a collective agreement shall follow

the provisions of their applicable collective agreement. This policy covers

circumstances where the employee complainant does not have specific recourse

through a collective agreement.

5. The Board affirms that workplace bullying and harassment is not acceptable and

will not be tolerated.

Procedures for Reporting,

Investigation, and Remedy

Reporting the Incident

Persons who believe that they are being bullied or harassed should take the

following

steps to stop the harassment and prevent reoccurrences:

• communicate immediately their disapproval or unease to the offending person

• if unable or unwilling to do so, to report the incident to an appropriate third party,

and keep a written record of dates, times, the nature of the behaviour, and

witnesses, if any.

•If the incidents do not stop after procedure #1, individuals who believe that they

have been bullied or harassed should report the incident(s) to the immediate

supervisor.

•If the alleged bully or harasser is the immediate supervisor the report should be

directed to the Superintendent of Schools or designate.

Procedures for Reporting,

Investigation, and Remedy cont..

Reporting the Incident

• At all times, incidents of a serious nature should be

reported to the immediate supervisor, or, if the alleged

harasser is the immediate supervisor, to the Superintendent

of Schools or designate.

•If the alleged harasser is the Superintendent of Schools, the

report

should be directed to the Chairperson of the Board of

Education.

Investigation

•Complaints of alleged harassment shall be handled with all possible

confidentiality, sensitivity and dispatch by the immediate supervisor. If deemed

desirable, when receiving a report, the Superintendent of Schools or designate,

(or the Board Chair) may refer the matter to a third party to undertake an

investigation and provide a report.

•In some cases the immediate supervisor or senior district official may choose to

involve representatives of the Union(s) to resolve the matter, particularly when

the dispute is between two members of the same Union(s).

•If the complainant consents, a meeting may be sought with the alleged bully or

harasser with a view to resolving the dispute on the basis of a resolution that is

satisfactory to the complainant and the harasser.

•The name of the complainant or the circumstances of the complaint will not be

disclosed to any person except where disclosure is necessary to investigate the

complaint, or to take related disciplinary measures, or where disclosure is

provided for at law. No documentation on the harassment will be placed in the

complainant's personnel file.

Investigation cont…

•If the investigation fails to find evidence to support the complaint, there

will be no documentation concerning the complaint placed in the file of

the alleged harasser.

•In all circumstances, an individual who is accused of harassment will be

given the opportunity to fully explain themselves to the investigator and

have those explanations properly considered.

•At any time during the course of the investigation the parties may reach

resolution or settlement of the matter. Where both parties agree,

mediation may be used to facilitate resolution. Any resolution or

settlement agreement reached shall be put in writing and signed by

both parties. At this point the process is discontinued.

Where it is found that bullying or harassment has occurred the following may be

forms of action:

• education and training of individuals or groups

•monitoring of the behaviour of individuals or groups in the workplace

and/or learning environment

•effecting changes in the workplace and learning environment including

but not limited to transfers, reassignments, and schedule changes

•corrective and/or disciplinary action ranging from warnings up to and including

dismissal

•other strategies designed to eliminate and/or prevent harassment; and any other

remedies or penalties appropriate to the particular circumstances of the matter.

Resolution of Bullying and Harassment

Complaints Policy 3065R1

Resolution of Bullying and Harassment

Complaints Policy 3065R1 Cont…

•Review of related policies, procedures and/or practices in the workplace

•Should the Superintendent of Schools or designate, (or the Board Chair)

conclude that a complaint is not filed in good faith she/he will consider

appropriate disciplinary actions

•Persons who make bona fide complaints of harassment will not be subject to

threat of reprisal or discipline.

The extent to which employers are required to involve worker and employer

representatives of the joint health and safety committee, as well as whether the

employer must provide the joint health and safety committee with the results of a

bullying and harassment investigation, is currently being reviewed for further Policy

development by WorkSafeBC. Further direction on the obligations of employers in

conducting investigations will be communicated by that Policy.

While more detailed Policy on the role of the joint health and safety committee is

being developed, it is important to note that section 115(2)(g) of the Act requires

employers to consult and cooperate with joint committees and worker health and

safety representatives at the employer's workplace. It is expected that employers

will engage in ongoing consultation with the joint health and safety committee or

worker health and safety representative regarding the nature and effectiveness of

their bullying and harassment program, and to engage with the joint health and

safety committee in the course of the annual review.

Printed from the WorkSafeBC OH&S Guidelines

INVOLVING THE SITE

SAFETY COMMITTEE IN

THE INVESTIGATION

Note: Please click on the link below to view the video. Once the video has

played, click your browser’s back button to continue on with the training

presentation.

https://www.worksafebc.com/en/resources/health-safety/videos/worker-to-

worker-bullying-harassment?lang=en

• Listen to the target

• Don’t gossip

• Offer support (e.g., employee assistance program, counsellor)

• Document details of what you see to share in an investigation– Dates

– Details

– Witnesses

• Tell the bully to stop

Note: Please click on the link below to view the video. Once the video has played, click your browser’s ‘back’ arrow to continue on with the training presentation.

https://www.worksafebc.com/en/resources/health-safety/videos/employer-addresses-bullying-harassment-complaint?lang=en

If you are the target of, or witness to, bullying and harassment:

Tell the bully what behaviour was inappropriate

Make it clear the behaviour is unwanted and unacceptable

Stay calm

Don’t retaliate

Report it

Note: Please click on the link below to view the video. Once the video has played, click your browser’s ‘back’ arrow to continue on with the training presentation.

https://www.worksafebc.com/en/resources/health-safety/videos/when-the-employer-is-the-bully?lang=en

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I have viewed this entire training presentation on bullying and harassment in the workplace and understand my rights and obligations to contribute to a safe and respectful work environment for all as an employee of School District No. 71 (Comox Valley); or

I have viewed this entire training presentation on bullying and harassment in the workplace and do not understand my rights and obligations to contribute to a safe and respectful work environment for all as an employee of School District No. 71 (Comox Valley). I will seek further training and clarification from my union and/or my supervisor. By clicking on the link below, I acknowledge that I’ve read this page.

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