Workplace VIOLENCE What you REALLY did

not COVER

Protecting employees from violence in the work place is of critical importance across Canada. Although we do not normally go to

work expecting it to occur, violence can happen at any work place and it can have a serious impact on those affected, their families,

and the way employers do business.

What is covered What is workplace violence?Most people think of violence as a physical assault. However, workplace violence is a much broader problem. It is any act in which a person is abused, threatened, intimidated or assaulted in his or her employment. Workplace violence includes:• Threatening behaviour - such as shaking fists, destroying property or throwing

objects.• Verbal or written threats - any expression of an intent to inflict harm.• Harassment - any behaviour that demeans, embarrasses, humiliates, annoys, alarms

or verbally abuses a person and that is known or would be expected to be unwelcome. This includes words, gestures, intimidation, bullying, or other inappropriate activities.

• Verbal abuse - swearing, insults or condescending language.• Physical attacks - hitting, shoving, pushing or kicking.• Rumours, swearing, verbal abuse, pranks, arguments, property damage, vandalism,

sabotage, pushing, theft, physical assaults, psychological trauma, anger-related incidents, rape, arson and murder are all examples of workplace violence.

And includes a person showing workplace violence traits

Is any one at work showing

In the workplace

Violence Prevention in the Work Place, employers are responsible for:• developing a policy;• identifying contributing factors;• assessing those factors;• choosing controls and prevention measures;• responding to occurrences; and• ensuring employee education and training.

What are we talking about…

• Continuing disagreement regarding the definition and parameters of violence.

• Two parameters:– physical versus Non physical– The source (who is the perpetrator)

Violence Definitions Vary

• BC – Physical force by a person other than a worker. (HHSR, s. 4.27)

• AL – “…threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury (Code, s. 1)

• Sask. – “…attempted, threatened or actual conduct of a person that causes or is likely to cause injury…” (Regs, S. 37) (includes harassment)

• Man. - “…attempted or exercise of physical force against a person…” (includes harassment)

• Ont.– “…the exercise of physical force by a person against a worker in a workplace…” (includes harassment)

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…”

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.

The Evolution of “Bullying” (General/Personal Harassment)

• 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.

Violence: An Interaction

• 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.

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

Legislative/Legal Responsibilities

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

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.

Human Rights Legislation

OH YES THERE IS FEDERAL REGULATION

The Violence Prevention Regulations only cover violence occurring in the course of employment over which the employer has control, whether this employment takes place within or outside the work place. Violence in the work place includes:• acts between employees;• acts between an employee and a non-employee.• "Work place violence" is "any action, conduct, threat or

gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee."

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.

The Criminal CodeSome 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:

• Criminal harassment• Uttering threats• Hostage taking• Sexual assault• Assault• Murder

Required elements of a Workplace Violence Program

• To control the identified risks• For summoning immediate assistance when

workplace violence occurs or is likely to occur• For workers to report incidents• Set how the employer will investigate and deal

with incidents and complaints

Work Refusals

• Employees will have the right to refuse work if workplace violence is likely to endanger himself or herself

• No right to refuse work because of harassment

Employer Obligations: Workplace Harassment Prevention

The development and implementation of a policy and prevention program with respect to workplace harassment.

At a minimum:a. Procedures to report incidents of harassmentb. Procedures defining how the employer will investigate and address incidents and complaints of workplace harassment.

PolicyHazard Assessment

Reporting & Investigation Emergency Response Planning

Victim Assistance

Incident Follow-Up

Training & Education

Continuous Program Review

Prevention Measures

Your Company Road Map to Prevention

Your STAFF is the most important asset

YOU MUST DO A RISK ASSESSMENT

How do I know if my workplace is at risk?• Review any history of violence in your own workplace.• Ask employees about their experiences, and whether they are

concerned for themselves or others.• Review any incidents of violence by consulting existing incident

reports, first aid records, and health and safety committee records.

• Determine whether your workplace has any of the risk factors associated with violence.

• Conduct a visual inspection of your workplace and the work being carried out. Focus on the workplace design and layout, and your administrative and work practices.

Where are YOU the worker covered

“Any place where an employee is engaged in work for the employee's employer."• "Work place" includes any area where an employee is making a delivery for

the employer, any location where an employee is providing a service under the employer's direction, and any mode of transportation (e.g., train, plane) where the employee is traveling in the course of business.

• It does not include parking lots not controlled by the employer, modes of transportation for employees travelling outside working hours (e.g., going to or from work) or locations hosting non-mandatory recreational activities that may be sponsored by the employer such as a company picnic or golf tournament.

• Specific circumstances relating to a particular incident must be carefully considered in determining work-relatedness. An example would be the situation where an employee chooses to conduct work on a BlackBerry during unpaid time and receives a threatening e-mail response back from another employee.

Your written work policy must coverThe policy must SHOW• Be developed by management and employee representatives.• Apply to management, employee's, clients, independent contractors and anyone who has a relationship with your

company.• Define what you mean by workplace violence in precise, concrete language.• Provide clear examples of unacceptable behaviour and working conditions.• State in clear terms your organization's view toward workplace violence and its commitment to the prevention of

workplace violence.• Precisely state the consequences of making threats or committing violent acts.• Outline the process by which preventive measures will be developed..• Encourage reporting of all incidents of violence.• Outline the confidential process by which employees can report incidents and to whom.• Assure no reprisals will be made against reporting employees.• Outline the procedures for investigating and resolving complaints.• Describe how information about potential risks of violence will be communicated to employees.• Make a commitment to provide support services to victims of violence.• Offer a confidential Employee Assistance Program (EAP) to allow employees with personal problems to seek help.• Make a commitment to fulfil the violence prevention training needs of different levels of personnel within the

organization.• Make a commitment to monitor and regularly review the policy.• State applicable regulatory requirements.

Unfortunately, workplace violence isn't limited to the occasional murder rampage in a government building. It can and does happen anywhere. Every business regardless of its size and type should have a workplace violence program in place. This program should: • Understand the consequences of workplace violence

incidents • Organize a crisis management team • Develop and disseminate a workplace violence policy • Identify and evaluate potential threats of violence • Provide mechanisms for reducing or eliminating threats

Not everything is like the active shooter events in the news

Have you seen or noted any TRIGGERSPredicting human behavior is an inexact science at best but experience has shown that individuals who commit violent acts at work often fit one or more of several "at risk" profiles. There are no absolutes when classifying "at risk" employees but a red flag should be raised when an employee: • Exhibits emotional instability or violent behavior • Exhibits signs of extreme stress • Undergoes profound personality changes • Feels victimized by supervisors or the entire organization • Makes threats or alludes to acts of workplace violence • Exhibits signs of extreme paranoia or depression • Displays behavior inappropriate to the situation at hand • Exhibits signs of drug or alcohol abuse • Is involved in a troubled, work related romantic situation When an employee is thought to be "at risk", the organization must take immediate action. Responsibility for evaluating the risk and developing a response plan should be coordinated through the Crisis Management Team. Along with "at risk" profiles, the organization should be sensitive to "trigger situations".. These include: • Performance counseling sessions • Disciplinary actions • Termination, including non-disciplinary lay-off • Non-selection for promotion or a desired position • Criticism or harassment from coworkers • Failed or spurned work related romance • Significant non-work related personal crisis • Careful management of these and other "trigger situations" is an essential element of a Workplace Violence Program.

Show me your prevention measuresWorkplace design considers factors such as workplace lay-out, use of signs, locks or physical barriers, lighting, and electronic surveillance. Building security is one instance where workplace design issues are very important. For example, you should consider:• Positioning the reception area or sales or service counter so that it is visible to fellow employees or members of the public passing

by.• Positioning office furniture so that the employee is closer to a door or exit than the client and so that the employee cannot be

cornered.• Installing physical barriers, e.g. pass-through windows or bullet-proof enclosures.• Minimizing the number of entrances to your workplace.• Using coded cards or keys to control access to the building or certain areas within the building.• Using adequate exterior lighting around the workplace and near entrances.• Strategically placing fences to control access to the workplace.

Administrative practices are decisions you make about how you do business. For example, certain administrative practices can reduce the risks involved in handling cash. You should consider:• Keeping cash register funds to a minimum.• Using electronic payment systems to reduce the amount of cash available.• Varying the time of day that you empty or reduce funds in the cash register.• Installing and using a locked drop safe.• Arranging for regular cash collection by a licensed security firm.

Work practices include all the things you do while you are doing the job. People, who work away from a traditional office setting, for example real estate agents or home care providers, can adopt many different work practices that will reduce their risk. For example,• Prepare a daily work plan, so that you and others know where and when you are expected somewhere.• Identify a designated contact at the office and a back-up.• Keep your designated contact informed of your location and consistently adhere to the call-in schedule.• Check the credentials of clients.• Use the "buddy system", especially when you feel your personal safety may be threatened.

YOU THE BOSSES

The employer shall develop and post at a place accessible to all employees a work place violence prevention policy setting out, among other things, the following obligations of the employer:• to provide a safe, healthy and violence-free work place;• to dedicate sufficient attention, resources and time to address

factors that contribute to work place violence including, but not limited to, bullying, teasing, and abusive and other aggressive behaviour and to prevent and protect against it;

• to communicate to its employees information in its possession about factors contributing to work place violence; and

• to assist employees who have been exposed to work place violence

EMPLOYER “SHALL”The employer shall identify all factors that contribute to work place violence, by taking into account, at a minimum, the following:• its experience in dealing with those factors and with work place

violence;• the experience of employers in dealing with those factors and with

violence in similar work places;• the location and circumstances in which the work activities take place;• the employees' reports of work place violence or the risk of work place

violence;• the employer's investigation of work place violence or the risk of work

place violence; and• the measures that are already in place to prevent and protect against

work place violence.

Common but notwithstanding

Common factors that contribute to work place violence include:• threatening behaviour towards others, including

threats made verbally or in writing (e.g., in emails);• bullying;• intentional harmful teasing;• aggressive behaviour in the work place;• intentional damage of property belonging to

others.

Steps to correct and eliminate• The employer shall assess the potential for work place violence, using the factors

identified by taking into account, at a minimum, the following: – the nature of the work activities;– the working conditions;– the design of the work activities and surrounding environment;– the frequency of situations that present a risk of work place violence;– the severity of the adverse consequences to the employee exposed to a risk of work place

violence;– the observations and recommendations of the policy committee or, if there is no policy

committee, the work place committee or the health and safety representative, and of the employees; and

– the measures that are already in place to prevent and protect against work place violence.

• The employer, when consulting with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, shall not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.

Your WRITTEN assessment will show• The nature of the work activities, such as the type of work (handling valuables,

including cash; dealing with clients face to face), the make-up of the staff, and the type of client group;

• Working conditions, such as working alone or in remote locations or locations/areas under the control of the client, and the neighbourhood or region, in which the work place is situated;

• The design of the work activities and surrounding environment, such as characteristics of the work area (noise, stuffiness, uncomfortable temperatures and other conditions that may make someone more irritable) and interpersonal dynamics (being part of the same group for a prolonged period of time; working in close proximity);

• The frequency of situations that present a risk of work place violence;• The severity of the adverse consequences to the employee exposed to a risk of work

place violence;• Observations and recommendations of the policy committee or, if there is no policy

committee, the work place committee or the health and safety representative, and of the employees; and

• The measures that are already in place to prevent and protect against work place violence.

To be MEASURED COMPETENT• ,"competent person" means a person who:

– is impartial and is seen by the parties to be impartial;– has knowledge, training and experience in issues relating to work place violence; and– has knowledge of relevant legislation.

• If an employer becomes aware of work place violence or alleged work place violence, the employer shall try to resolve the matter with the employee as soon as possible.

• If the matter is unresolved, the employer shall appoint a competent person to investigate the work place violence and provide that person with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent.

• The competent person shall investigate the work place violence and at the completion of the investigation provide to the employer a written report with conclusions and recommendations.

• The employer shall, on completion of the investigation into the work place violence: – keep a record of the report from the competent person;

• provide the work place committee or the health and safety representative, as the case may be, with the report of the competent person, providing information whose disclosure is not prohibited by law and that would not reveal the identity of persons involved without their consent

Your INVESTIGATION covers

All three must be met

If the incident cannot be resolved, then a competent person appointed by the employer will conduct an investigation. However, the employer can address the situation without a competent person if all three of the following criteria are met:• A non-employee, such as a client, caused the work place

violence; and• It is reasonable to consider that the possibility of

intervening in violent situations is a normal condition of employment; and

• The employer has effective procedures and controls in place, involving employees to address work place violence.

Your PREVENTION is better than a CURE

• There is no guaranteed prevention program for workplace violence. Human nature is too unpredictable for that. There are however proven techniques for minimizing the risk of workplace violence by recognizing its danger signals and acting upon them.

• Organizations that accept the possibility of workplace violence and actively plan to prevent it stand an excellent chance of avoiding a violent incident. Organizations that choose to ignore the danger run the very real risk of becoming the lead story on the six o'clock news.