WORKPLACE VIOLENCE COMPLIANCE KIT

Transcription

1 WORKPLACE VIOLENCE COMPLIANCE KIT

2 2 WORKPLACE VIOLENCE COMPLIANCE KIT INTRODUCTION Canadians are among the world s most decent and peace loving peoples. But when they go to work, something apparently possesses them. According to Statistics Canada, 17% of all self-reported violent incidents in Canada, including physical and sexual assault and robbery, occurred in the victim s workplace that s a shocking 356,000 incidents of workplace violence in the course of a single year! And 71% of these incidents involved physical assaults. These incidents don t always lead to fatal or serious injury, of course. But they all have serious consequences. The Lori Dupont case is a particularly sad illustration of the devastation wrought by workplace violence. In November 2005, the Ontario nurse was stabbed to death at the Hôtel- Dieu Grace Hospital where she worked. What makes the story especially chilling is that her killer was her co-worker and former boyfriend, Dr. Marc Daniel. He later committed suicide. Senior hospital administrators were aware of Daniel s unstable behaviour and knew he had threatened Dupont. But nobody took it seriously. And on the day she was murdered, Dupont and Daniel were assigned to work together on the same shift. Dupont s estate is now suing the hospital. Physical violence and its only slightly less dangerous cousins, harassment and bullying, affect the safety and security of every worker. The emotional trauma and physical injury experienced by the victims, their families and co-workers extract a high personal cost and hurt a company s bottom line. Studies have shown that the threat of violence increases absenteeism and diminishes the productivity of workers who do show up. In short, workers are much less productive when they fear for their safety. If moral and economic compulsion isn t enough, there s another very good motive to take workplace violence very seriously. The law requires you to. The employer s obligation to safeguard its workers from the risk of violence at work exists in every part of Canada. In most places, that duty is spelled out in the form of a specific piece of legislation or regulation. On June 15, 2010, Ontario became the ninth jurisdiction to adopt a workplace violence law when the law previously known as Bill 168 took effect. But even in jurisdictions that don t have specific laws like Bill 168, the duty to prevent workplace violence is an implied part of the OHS laws. And it s not just OHS laws. As explained in Chapter I of this Kit, workplace violence exposes employers to potential liability under about a half a dozen different legal theories, including the risk of being sued for damages in a negligence lawsuit. THE WORKPLACE VIOLENCE COMPLIANCE KIT This workplace violence kit was created to help you accomplish 2 important objectives. The first is to prevent violence, harassment and bullying at your own workplace. The second is to ensure that you comply with your duties under OHS and other laws so that if violence does occur, you won t be held liable. Here s how the Kit works and why it will help you achieve these objectives. To start out, there s one thing you need to understand. Although the details vary slightly by jurisdiction, Canadian workplace violence laws require employers to take the same 4 basic steps: Conduct a hazard assessment to evaluate the risks of violence at your workplace; Establish policies to deal with workplace violence and harassment; Adopt a program to implement your workplace violence policies that provides for, among other things, investigation of workplace violence complaints and the imposition of appropriate discipline against workers guilty of violent offences; Educate and train workers on your workplace violence policy and build awareness of the risks that violence poses and their roles in preventing those risks. The cool thing about this Kit is that it outlines a step-bystep strategy for doing each of these things. Better yet, it also provides the TOOLS you need, including Model Policies, Procedures, checklists, assessment and other forms, management briefings, Safety Talks and other training materials, posters and other materials to implement each of the 4 steps in the violence prevention strategy. Editor Glenn S. Demby, Esq. Managing Editor Catherine Jones President Robert L. Ransom The information presented herein has been compiled from various sources believed to be reliable; however, it cannot be assumed that all acceptable safety measures are contained in this publication or that other additional measures may not be required under particular or exceptional circumstances. While every effort is made to ensure that information and recommendations contained within this publication are the best current opinions on the subject, no guarantee or warranty is made by Bongarde Holdings Inc., as to the absolute correctness or sufficiency of any representation contained in this publication herewith. Please honour our copyright on this publication. If you require additional copies, please call us at , TOLL FREE. Sales: Fax: Main Office:

3 WORKPLACE VIOLENCE COMPLIANCE KIT 3 TABLE OF CONTENTS PROLOGUE 5 THE LAW OF WORKPLACE VIOLENCE Appendix 1: Know the Laws of your Province Definitions of Violence and Harassment Under OHS Laws p. 10 Appendix 2: Know the Laws of your Province Working Alone Requirements Under OHS Laws p. 11 MODULE 1 12 HAZARD ASSESSMENT Appendix 1: Know the Laws of your Province Violence Hazard Assessment Requirements p. 16 TOOL 1: Model Workplace Violence Risk Assessment Checklist #1 p. 17 Checklist #2 p. 18 Checklist #3 p. 19 TOOL 2: General Physical Environment Assessment p. 20 TOOL 3: Assessment for Specific Risk: Direct Contact with Clients (CC) p. 23 TOOL 4: Assessment for Specific Risk: Handling Cash (HC) p. 27 TOOL 5: Assessment for Specific Risk: Working with Unstable or Volatile Clients (VC) p. 33 TOOL 6: Assessment for Specific Risk: Working Alone or in Small Numbers (WA) p. 37 TOOL 7: Assessment for Specific Risk: Working in a Community-based Setting (CS) p. 41 TOOL 8: Assessment for Specific Risk: Mobile Workplace (MW) p. 45 TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA) p. 48 TOOL 10: Assessment for Specific Risk: Securing/Protecting Valuable Goods (SV) p. 53 TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG) p. 57 TOOL 12: Webinar CD - Attached TOOL 13: Worker Violence & Harassment Survey p. 62 TOOL 14: Supervisor Violence Survey p. 63 MODULE 2 64 WORKPLACE VIOLENCE & HARASSMENT POLICIES Appendix A: Know the Laws of your Province Workplace Violence Policy Requirements p. 68 TOOL 15: Workplace Violence Policy p. 69 TOOL 16: Workplace Harassment Policy p. 70 MODULE 3 71 WORKPLACE VIOLENCE PROGRAM Appendix A: Workplace Violence Incident Investigations: 9 Common Pitfalls to Avoid p. 75 Appendix B: Discipline: Are Threats of Violence Grounds for Discipline? p. 78 Appendix C: Workplace Violence Work Refusals: 9 Common Pitfalls to Avoid p. 81 TOOL 17: Model Safe Work Procedure for Working Alone p. 84 TOOL 18: Sample Safe Work Procedure for Retail Workers (Preventing Robberies) p. 85 TOOL 19: Workplace Violence Reporting Policy p. 86 TOOL 20: Report of Workplace Violence Threat/Incident (Long Version) p. 87 TOOL 21: Report of Workplace Violence Threat/Assault (Short Version) p. 90 TOOL 22: Employee Report of Supervisor Abuse p. 92 TOOL 23: Domestic Violence Threat Report p. 94 TOOL 24: Model Emergency Response Plan p. 96 TOOL 25: Workplace Violence Prevention Program Threat Assessment Team p. 98 TOOL 26: Threat Assessment Team Guidelines p. 99 TOOL 27: Checklist for Threat & Assaults p. 100 TOOL 28: Threat Assessment Team Survey p. 101 TOOL 29AB: Model Incident Investigation Policy for Alberta p. 102 TOOL 29BC: Model Incident Investigation Policy for British Columbia p. 103 TOOL 29F: Model Incident Investigation Policy for Companies that are Subject to Federal OHS Regulations p. 105 TOOL 29MB: Model Incident Investigation Policy for Manitoba p. 106

4 4 WORKPLACE VIOLENCE COMPLIANCE KIT TABLE OF CONTENTS, Cont'd MODULE 3, Cont'd TOOL 29NB: Model Incident Investigation Policy for New Brunswick p. 108 TOOL 29NL: Model Incident Investigation Policy for Newfoundland & Labrador p. 109 TOOL 29NS: Model Incident Investigation Policy for Nova Scotia p. 111 TOOL 29ON: Model Incident Investigation Policy for Ontario p. 112 TOOL 29PE: Model Incident Investigation Policy for Prince Edward Island p. 114 TOOL 29QC: Model Incident Investigation Policy for Quebec p. 115 TOOL 29SK: Model Incident Investigation Policy for Saskatchewan p. 116 TOOL 30: Witness Statement Form p. 118 TOOL 31: Incident Investigation Report p. 119 TOOL 32: Progressive Discipline Policy p. 121 TOOL 33: Health & Safety Work Refusal Procedure p. 122 TOOL 34: Work Refusal Report p. 123 MODULE TRAINING & EDUCATION TOOL 35: Safety Talk on the Front Desk & Reception Area: The Front Line of Workplace Security p. 126 TOOL 36: Safety Talk: How to Prevent Violence by a Co- Worker or Outsider p. 127 TOOL 37: Safety Talk: Avoiding Road Rage p. 129 TOOL 38: Safety Talk: Security & Protecting Yourself from Robberies p. 131 TOOL 39: Safety Talk: Terrorism: Disarming the Threat p. 133 TOOL 40: Safety Talk: Domestic Violence in the Workplace p. 135 TOOL 41: Safety Talk: Stop Workplace Bullies p. 137 TOOL 42: Safety Talk: Report Threats of Violence p. 138 TOOL 43: Safety Talk: Safety When You re All Alone p. 140

5 WORKPLACE VIOLENCE COMPLIANCE KIT 5 PROLOGUE: THE LAW OF WORKPLACE VIOLENCE All employers in Canada are required to take steps to protect their workers from the risk of workplace violence and harassment. The italicized sentence above is, of course, 100% true. Isn t it? Yes, it is true that employers have a legal obligation to control the risks of violence in their workplaces. But I wonder how many of you know exactly where that legal duty comes from. It may sound like a matter of academics. But if you re going to rely on the fact that workplace violence prevention is a legal requirement to get your organization to invest in a program, you better be good and sure you can point to the laws you re seeking to comply with. So where in the law does it say that an employer must guard against workplace violence? Actually, there s not 1 answer but 6. Stated differently, an employer s failure to make reasonable efforts to prevent workplace violence runs the risk of: Fines and other penalties under the province s Occupational Health and Safety (OHS) laws; Having to pay damages for violating Human Rights laws; Having to pay wrongful dismissal and other damages to an employee for committing what s known as constructive dismissal ; Having to pay damages to the victim for negligent hiring or retention ; Having to pay damages for negligent infliction of mental distress; and/or Being found liable for a criminal offence under the law once known as Bill C-45. Let s go through each of these laws one at a time. 1. LIABILITY UNDER OHS LAWS (Including Bill 168 in Ontario) Provincial OHS laws across Canada require employers to protect their workers from violence and harassment in the workplace. Each of the 10 provinces, 3 territories and the federal jurisdiction has its own OHS laws. But the duty to protect against workplace violence is required under all 14 of them. Bill 168 & the Other 8 Jurisdictions with a Specific Workplace Violence Law On June 15, 2010, Bill 168 officially took effect in Ontario. Bill 168 added a new section to the Ontario OHS Act that specifically requires employers to take measures to prevent workplace violence. Although it was greeted with great fanfare within the province, Bill 168 is no big deal outside Ontario. It s not simply because Ontario laws don t apply to employers in other provinces and territories; it s the fact that 8 jurisdictions, including Fed, AB, BC, MB, NL, NS, PE and SK, already had specific workplace violence laws on the books. Moreover, almost all of the requirements of Bill 168 are ones already contained in the laws of those other jurisdictions. Those requirements include the employer s duty to: Perform a risk assessment: Under Bill 168, employers must conduct an assessment of the risk of workplace violence and report the findings to the JHSC, safety representative or the workers (if there s no JHSC or safety representative). The other 8 jurisdictions also require risk assessments. Adopt violence policies: Under Bill 168, employers in Ontario must prepare policies on workplace violence and harassment and review them at least annually. If an employer has 5 or more workers, the policies must be in writing and posted conspicuously in the workplace. But guess what? Those other 8 provinces also require written policies. No new ground broken here. Violence program: Bill 168 requires employers to develop a program to implement the workplace violence policy. That program must include measures: hh To control risks of workplace violence identified in the assessment; hh To summon immediate assistance when workplace vio- lence occurs;

6 6 WORKPLACE VIOLENCE COMPLIANCE KIT PROLOGUE: THE LAW OF WORKPLACE VIOLENCE, Cont'd hh For workers to report incidents or threats of workplace violence; and hh For employer to deal with incidents, complaints and threats of workplace violence. The same requirements are part of the OHS regulations of those other 8 specific duty jurisdictions. For the most part, then, Bill 168 is a copycat law. It requires employers in Ontario to do the same things that employers in those other jurisdictions already have to do. However, there are 2 requirements of Bill 168 that are original to Ontario: Domestic violence: With the passage of Bill 168, Ontario became the first jurisdiction in Canada to require employers to protect workers from domestic violence within the workplace. The new law requires employers to take reasonable precautions to protect workers if they become aware, or should reasonably be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace. However, the new law doesn t spell out the specific precautions employers should take. So it remains to be seen exactly how companies will fulfill this duty. Arguably, employers in other parts of Canada who know that a worker could be victimized by domestic violence at work would also have a duty to prevent it. But that duty would have to be implied. Ontario is the only province that spells out the duty. Right to refuse work: Bill 168 also specifically extends workers right to refuse dangerous work to include refusals based on the risk of workplace violence. That is, a worker may refuse work if he believes that workplace violence is likely to endanger him. Of course, all workers in Canada have the right to refuse dangerous work and it could be argued that fear of violence is a danger justifying refusal. But, again, Ontario is the only jurisdiction that specifically says that fear of violence is grounds for refusal. The 5 Implied Duty Jurisdictions So far we ve talked about Bill 168 in Ontario and the other 8 jurisdictions that have specific OHS laws covering workplace violence. In the other 5 jurisdictions NB, NT, NU, QC and YT the OHS laws don t mention workplace violence at all. Does that mean the employers in those places aren t required to do anything about workplace violence? The short answer is no. The explanation is the OHS act in each of these jurisdictions has what s called a general duty clause that requires employers to provide a reasonably safe workplace and protect workers from foreseeable hazards that can cause serious injury or death. And this general duty is typically interpreted as requiring employers to protect their workers from workplace violence. This has been confirmed in the form of guidelines and other issuances by government authorities in most of these jurisdictions. OHS Laws & Workplace Harassment As with the duty to protect workers from violence, the duty to protect workers from harassment is imposed by the OHS laws in 2 different ways: The OHS laws of 3 provinces MB, ON and SK specifically require employers to take steps to assess and minimize the risk of harassment in the workplace. Manitoba defines harassment more narrowly than Saskatchewan as any objectionable conduct, comment or display by a person that: hh Is directed at a worker in a workplace; hh Is made on the basis of race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, political belief, political association or political activity, marital status, family status, source of income, disability, physical size or weight, age, nationality, ancestry or place of origin; and hh Creates a risk to the health of the worker; Saskatchewan also includes such conduct in its definition of harassment but goes further to include conduct that: hh Adversely affects the worker s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and hh Constitutes a threat to the health or safety of the worker. The remaining 11 jurisdictions Fed, AB, BC, NB, NL, NT, NS, NU, PE, QC and YT don t specifically address workplace harassment in their OHS laws. But as with workplace violence, the general duty clause in each of these jurisdiction s OHS laws likely requires employers to protect their workers from workplace harassment. Québec, of course, is slightly different. It does impose a specific duty to address workplace harassment, including violence, on employers but not in labour standards rather

7 WORKPLACE VIOLENCE COMPLIANCE KIT 7 PROLOGUE: THE LAW OF WORKPLACE VIOLENCE, Cont'd than its OHS law. An act respecting labour standards requires employers to prevent workplace psychological harassment, defined as including unwanted conduct, verbal comments, actions or gestures that affect a worker s physical integrity. This requirement applies to not only non-physical acts of harassment but also more extreme forms of harassment, such as physical violence. Protections for Workers who Work Alone There s one more aspect of OHS laws that addresses workplace violence. Remember that workplace violence includes violence from not only fellow workers but third parties. The latter form of violence is a particular danger for workers who work alone without a co-worker to assist them in case they need help. This is especially true if the job the isolated worker performs involves contact with the public. Consequently, several jurisdictions have adopted specific OHS protections specifically requiring employers to protect workers who work alone from not only violence but other dangers. AB, BC, MB, NB, NL, NT, NU, PE, QC and SK impose a specific duty on employers to take steps to protect workers who work alone. NT, NU and QC simply require employers to set up a means of communication or surveillance for workers working alone. The others generally require employers to: hh Conduct a hazard assessment of the risks faced by a worker working alone; hh Establish procedures to eliminate or minimize the iden- tified risks; and hh Set up an effective communication system to check on the worker s status and allow him to receive emergency assistance if needed. The remaining 4 jurisdictions Fed, NS, ON and YT don t set specific requirements for protecting workers who work alone. But as with workplace violence, the duty to protect workers working alone is implied under the general duty clause of the jurisdiction s OHS act. Some of the implied duty jurisdictions have made it clear that they consider protecting workers who work alone to be part of the employer s general duty under the OHS act. 2. HUMAN RIGHTS VIOLATIONS Provincial human rights laws protect workers from discrimination on the basis of disability, family status, gender, race, religion and other personal characteristics. A failure to protect workers from such discrimination can result in claims against the employer for human rights violations. An employer s obligation under these laws is twofold: hh To refrain from engaging in harassment (and other forms of discrimination) itself; and hh To ensure that other people the worker works with don t engage in this kind of behaviour. Violence against or harassment of a worker could violate human rights law but only if those actions are based on a protected characteristic. For example, human rights laws bar discrimination on the basis of religion but not weight. So bullying a worker because he s Muslim would be a human rights violation, while bullying a worker because he s overweight wouldn t be. 3. CONSTRUCTIVE DISMISSAL According to the Canada Safety Council, a 2003 survey found that 82% of workers who have been the target of a bully felt they had no choice except to leave their jobs to escape the intolerable behaviour. If workplace violence or harassment becomes so bad that the victim feels compelled to quit, he could sue the employer for constructive dismissal. That is, the worker could argue that by allowing such conduct to go on, the employer essentially fired him. Example: The owner of a company hired his uncle, who had problems dealing with women in general and one female worker in particular. The uncle made bigoted comments and regularly used profanity. In a meeting, he shouted and demeaned the worker. He also made threatening comments and gestures while leaning over and pointing in her face. At one point, he kicked open the worker s office door. The worker, who was beginning to have health problems from the stress, quit because she couldn t take it anymore. She sued the company for constructive dismissal. An Ontario court ruled that the company had failed to provide the worker with a decent, civil and respectful workplace and so had violated its duties to her. Thus, the worker was entitled to treat the employment contract as terminated [Stamos v. Annuity Research & Marketing Service Ltd., [2002] O.J. No. 1865, May 13, 2002].

8 8 WORKPLACE VIOLENCE COMPLIANCE KIT PROLOGUE: THE LAW OF WORKPLACE VIOLENCE, Cont'd 4. NEGLIGENT HIRING & RETENTION Not all laws come from statutes and regulations. Some laws are rooted in what s called common law, or law made by judges one ruling at a time. Each decision serves as precedent that judges look to in deciding subsequent cases. Over time, these cases form a body of law with rules of its own. One example of common law that everybody is familiar with is called negligence. To win a negligence lawsuit and collect money damages, a victim called a plaintiff must prove 4 things: The defendant owed him a duty of reasonable care; The defendant didn t meet that duty of reasonable care; The plaintiff suffered an injury as a result of that breach of the duty of care; and Money damages can compensate the plaintiff for the injury. Workers who get hurt on the job generally aren t allowed to sue their employers for negligence because of workers compensation. In other words, workers comp is a tradeoff: workers get automatic coverage for work-related injuries without having to show the employer was at fault; in exchange, they give up their right to sue the employer for negligence over their injuries. However, the so called workers comp bar doesn t apply to third parties injured by a worker. Thus, acts of violence by workers at work that injure visitors, members of the public and others could lead to negligence lawsuits against the employer. The victim could make 3 kinds of negligence claims: The employer was negligent in not preventing the attack; The employer was negligent in hiring the attacker in the first place this is the kind of claim that a nursing home patient might make if he were attacked by a nurse who had a criminal background that the nursing home either ignored or failed to uncover before hiring him; and/or The employer knew the worker was prone to violence and was negligent to retain him as an employee. 5. INFLICTION OF MENTAL DISTRESS Like negligence, infliction of mental distress is a tort, i.e., a common law wrong giving the victim a right to sue in civil court for money damages. Victims of workplace violence and harassment, including workers and non-workers, may be able to sue their employers for the intentional infliction of mental distress. To win such a case, the person must show that: hh The conduct at issue was outrageous and went beyond mere assertiveness or aggressiveness; hh The individual attacking or harassing the worker delib- erately tried to hurt the victim; and hh The victim visibly suffered as a result of this conduct. These cases are hard for workers to prove but it can be done: Example #1: A supervisor was known for intimidating, yelling and swearing at his staff in general and one worker in particular. In one incident, the supervisor yelled at the worker and pushed her away. He then threatened her with a performance review and told her to get the hell out of his office. When the worker complained to HR, the company did little to discipline the supervisor. The worker went out on sick leave and eventually long-term disability. She was diagnosed with major depression, anxiety and post-traumatic stress disorder. The worker sued the company and supervisor for, among other things, intentional infliction of emotional distress. An Ontario court concluded that both the company and supervisor had a duty of care to the worker to ensure that the workplace was safe and free from harassment. The supervisor s abusive conduct clearly breached that duty. It held the company and supervisor jointly responsible for paying the worker $500,000 in damages [Piresferreira v. Ayotte, [2008] CanLII (ON S.C.), Dec. 3, 2008]. Example #2: A supervisor in Alberta bullied a mentally frail female worker for over three years. He humiliated, insulted, manipulated and harassed her at every turn. His language and actions towards the worker grew progressively more violent as she tried to resist his attempts to dominate her. His actions made the worker fear physical harm and, in fact, on one occasion, he did physically hurt her. The worker had a mental breakdown and sued the employer for the intentional infliction of mental distress. The federal court held the employer responsible for the supervisor s actions and ordered it to pay the worker $35,000 in damages [Boothman v. Canada, [1993] F.C.J. No. 400, April 29, 1993].

9 WORKPLACE VIOLENCE COMPLIANCE KIT 9 PROLOGUE: THE LAW OF WORKPLACE VIOLENCE, Cont'd 6. CRIMINAL LIABILITY UNDER C-45 If a victim of workplace violence is killed or suffers serious bodily harm, the company could be charged with criminal negligence for the wanton or reckless failure to protect the worker. How? Bill C-45 added Sec to the Canadian Criminal Code (Code), which says that every person who undertakes, or has the authority, to direct how another person does work or performs a task must take reasonable steps to protect that other person from bodily harm arising out of the work. Criminal negligence that is, the act of doing something forbidden by the law or omitting to do something one has a legal duty to do when the act or omission shows wanton or reckless disregard for the lives or safety of others was already a crime under the Code when C-45 was enacted. But by adding the new Section duty, C-45 made it possible to hold a company or individual guilty of criminal negligence for failing to meet the duty to protect a person doing work if the failure to protect was the result of wanton or reckless disregard for life or safety and caused death or serious bodily harm to the worker or a person affected by the work. Because of the nature of harassment and the lack of physical injury that results from such conduct, incidents of harassment can t lead to C-45 charges against an employer. And few incidents of workplace violence would result in C-45 charges. But if the victim is killed or seriously injured and the company was aware that the worker was in danger and wantonly or recklessly failed to do anything about the threat, a company and its senior management could be faced with criminal charges as a result.

10 10 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX ONE: KNOW THE LAWS OF YOUR PROVINCE DEFINITIONS OF VIOLENCE AND HARASSMENT UNDER OHS LAWS Here s how the OHS law in your province or territory defines violence and/or harassment: FEDERAL: Defines work place violence as 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 [Canada OHS Regs., Sec. 20.2]. Doesn t define harassment. ALBERTA: Defines violence as, whether at a work site or work related, the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury [OHS Code 2009, Sec. 1]. Doesn t define harassment. BRITISH COLUMBIA: Defines violence as the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that he or she is at risk of injury [OHS Reg., Sec. 4.27]. Doesn t define harassment. MANITOBA: Defines violence as (a) the attempted or actual exercise of physical force against a person; and (b) any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used against the person [Workplace Safety & Health Reg., Sec. 1.1]. Defines harassment as any objectionable conduct, comment or display by a person that (a) is directed at a worker in a workplace; (b) is made on the basis of race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, political belief, political association or political activity, marital status, family status, source of income, disability, physical size or weight, age, nationality, ancestry or place of origin; and (c) creates a risk to the health of the worker [Sec. 1.1]. NEW BRUNSWICK: Doesn t define either violence or harassment. NEWFOUNDLAND/LABRADOR: Defines violence as the attempted or actual exercise by a person, other than a worker, of physical force to cause injury to a worker, and includes threatening statements and behaviour that gives a worker reason to believe that he or she is at a risk of injury [OHS Regs., Sec. 22(1)]. NORTHWEST TERRITORIES/NUNAVUT: Doesn t define either violence or harassment. NOVA SCOTIA: Defines violence as any of the following: (a) threats, including threatening statements or threatening behaviour that give a worker reasonable cause to believe that the worker is at risk of physical injury; and (b) conduct or attempted conduct of a person that endangers the physical health or physical safety of a worker [Violence in the Workplace Regs., Sec. 2(f)]. Doesn t define harassment. ONTARIO: OHS law doesn t currently define either violence or harassment. But Bill 168 would amend the OHS Act to define workplace violence as a) the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker; and b) an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker. Bill 168 would also amend the Act to define workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought to be reasonably known to be unwelcome. PRINCE EDWARD ISLAND: Defines violence as the threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury [OHS Reg., Sec. 52.1]. QUÉBEC: OHS law doesn t define violence or harassment. But labour standards law does define psychological harassment as any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects a worker s dignity or psychological or physical integrity and that results in a harmful work environment for the worker [An act respecting labour standards, Sec ]. SASKATCHEWAN: Defines violence as the attempted, threatened or actual conduct of a person that causes or is likely to cause injury, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that the worker is at risk of injury [OHS Regs., sec. 37(1)]. Defines harassment as any inappropriate conduct, comment, display, action or gesture by a person: (i) that either: (A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or (B) subject to subsections (3) and (4), adversely affects the worker s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and (ii) that constitutes a threat to the health or safety of the worker [OHS Act, Sec. 2(1)(l)]. To constitute harassment for the purposes of paragraph (1)(l)(i)(B): (a) repeated conduct, comments, displays, actions or gestures must be established; or (b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker must be established [Sec. 2(3)]. For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer s workers or the place of employment [Sec. 2(4)]. YUKON: Doesn t define either violence or harassment.

11 WORKPLACE VIOLENCE COMPLIANCE KIT 11 APPENDIX TWO: KNOW THE LAWS OF YOUR PROVINCE WORKING ALONE REQUIREMENTS UNDER OHS LAWS Here s what the OHS law in your province or territory requires employers to do for workers who work alone: FEDERAL: OHS law doesn t have specific working alone requirements. ALBERTA: Employers must conduct a hazard assessment for a worker working alone, eliminate or control the identified hazards and provide an effective communication system between that worker and people capable of assisting him if there s an emergency or the worker is injured or ill [OHS Code, Part 28]. BRITISH COLUMBIA: Employers must conduct a hazard assessment for a worker working alone, eliminate or control the identified hazards and set procedures for checking on the worker. Late night retail workplaces are subject to additional requirements [OHS Reg., Part 4]. MANITOBA: Employers must identify the risks faced by a worker working alone and implement safe work procedures to address those risks, including the establishment of an effective communication system [Workplace Safety & Health Reg., Part 9] NEW BRUNSWICK: Employers must establish a code of practice to ensure the health and safety of a worker who works alone. Codes of practice must identify the risks, include procedures for minimizing those risks and detail how the worker can get emergency assistance if needed [Code of Practice for Working Alone Reg.]. NEWFOUNDLAND/LABRADOR: Employers must conduct a risk assessment of workers working alone and develop written procedures for checking on those workers wellbeing [OHS Regs., Sec. 15]. NORTHWEST TERRITORIES/NUNAVUT: When a worker is working alone, the employer must provide a means of checking the wellbeing of that worker at intervals that, under the circumstances, provide adequate protection [General Safety Reg., Sec. 14]. NOVA SCOTIA: OHS law doesn t have specific working alone requirements. But a government guide for new retail workers indicates that employers should have specific procedures and safeguards for working alone. ONTARIO: OHS law doesn t have specific working alone requirements. But according to the MOL website, an employer s duty to protect workers working alone is based on the General Duty Clause in the OHS Act. PRINCE EDWARD ISLAND: Employers must develop and implement written procedures to ensure the health and safety of a worker working alone. Procedures must identify the risks, include steps for minimizing those risks and detail how the worker can get emergency assistance if needed [OHS Reg., Part 53]. QUÉBEC: When a worker works alone, an efficient means of surveillance, whether continuous or intermittent, must be installed [Reg. respecting occupational health and safety, Sec. 322]. SASKATCHEWAN: Employers must conduct a hazard assessment for a worker working alone and take all reasonably practicable steps to eliminate or control the identified hazards, including providing an effective communication system [OHS Reg., Sec. 35]. YUKON: OHS law doesn t have specific working alone requirements.

12 12 WORKPLACE VIOLENCE COMPLIANCE KIT MODULE 1: HAZARD ASSESSMENT MODULE 1 MODULE 1

13 WORKPLACE VIOLENCE COMPLIANCE KIT 13 THE VIOLENCE HAZARD ASSESSMENT BEFORE YOU BEGIN Why do you have to conduct a workplace violence hazard assessment? The simple answer: The law says you do. As noted in the previous chapter, jurisdictions in Canada have specific workplace violence requirements in their OHS statutes or regulations. The requirement to do a hazard assessment is an element in just about all of these statutes and regulations. Moreover, hazard assessment is recognized as a best practice in managing any workplace danger, including but not just workplace violence. Accordingly, doing a hazard assessment is an implied requirement of the 5 jurisdictions that don t have specific OHS workplace violence requirements but still require employers to address the problem as part of their general duty to guard against known and foreseeable risks. Check Appendix A of this Module to see what your province says about workplace violence hazard assessments. Of course, doing something just because the law requires you to is not exactly the world s strongest motivation. What you need to think about is why hazard assessments are required (believe it or not, most legal requirements are rooted in some practical logic). The reason hazard assessments are a universal legal requirement is that they enable you to identify and prevent potential problems before they explode into actual violence. Explanation: Many, if not most incidents of workplace violence are preceded by warning signs. Typical red flags include threatening behaviour, frequent conflicts with co-workers and supervisors, fascination with weapons or acts of violence, drug and alcohol abuse, mood swings, suicidal thoughts, deterioration in hygiene and job performance and absenteeism. The hazard assessment requirement is there to make sure employers make a proactive effort to detect and prevent problems before they explode into violence. HOW TO CONDUCT A WORKPLACE VIOLENCE HAZARD ASSESSMENT STEP 1: LAY THE GROUNDWORK Instructions: Be warned: Workplace violence risk assessments can be a sensitive issue. Management and workers may consider them intrusive and unnecessary. Although awareness of workplace violence has increased in recent years, there are still too many companies who believe that it can never happen to them. HR directors, safety coordinators and others involved in the assessment process need to overcome this false sense of security to conduct risk assessments and implement effective prevention programs. That s why it s important to involve both workers and management in your efforts, including at least one member from the Security, HR and EHS departments. If your company has a Joint Health and Safety Committee, make sure that at least one member participates. If you have a Health and Safety Representative, he or she should be part of the assessment process. Last but not least, you want to ensure that you have a representative of each work area, shift and department. If you have a small company, don t hesitate to include all employees in the assessment process. Make sure all members of the group understand the purposes and goals of the assessment and violence prevention program. You need buyin from all sides. STEP 2: ASSESS HAZARDS POSED BY THE PHYSICAL ENVIRONMENT A workplace violence assessment isn t a hazard assessment but a series of them, each of which focuses on a set of factors that affect the risks your workers face. The first set of factors is the physical environment in which they work. So we suggest you start the assessment process by considering the physical components of the workplace setting. Consider both the inside and outside of the setting, including entry and access points, parking lots, reception and other common areas and the geographic area in which the facility is located, e.g., a rough neighbourhood in an urban area. Physical characteristics to consider within each area could include: hh Lighting levels; hh Lighting design features, e.g., illumination upon motion detection; hh Entry and access controls, e.g., locks, card entry devices; hh Alarms; hh Cameras; hh Mirrors; hh Sightlines; hh Communication devices available; hh Physical obstructions; and hh Potential hiding places. MODULE 1 MODULE 1

14 14 WORKPLACE VIOLENCE COMPLIANCE KIT THE VIOLENCE HAZARD ASSESSMENT, Cont'd Instructions: Tool 1 is a series of Workplace Violence Hazard Assessment Checklists that incorporates all of the elements of an assessment, including the physical environment. Tool 2 is a more detailed Physical Environment Assessment form. Although it comes from the Health and Safety Council of Ontario, it works in any part of Canada. Just keep in mind that the Tool is generic and needs to be modified to meet the physical conditions of your own workplace. One assessment probably won t work for multiple sites since each site has its own physical characteristics. So unless sites are identical in physical features, do a separate assessment for each one. STEP 3: HAZARDS POSED BY THE WORK The next level of hazard assessment involves evaluating the risks posed by the nature of the work your workers do. Certain types of work activities carry an inherently higher risk of violence, such as handling cash. You also need to account for the people that workers encounter on the job. Thus, workers in prisons, mental health institutions or airline counters (who often have to deal with irate passengers) are typically at greater risk of violence. Think about work not just in terms of what workers do but the conditions in which they do it. Work condition factors that may affect the risks of violence include hours worked, neighbourhood worked and whether workers work alone, travel between sites and other things affecting how, when and where workers do their jobs. Instructions: The checklists furnished in Tool 1 address work-related factors in a general way. The Toolkit also includes the following forms that can be used to assess the hazards associated with specific kinds of work and work conditions: hh Tool 3 is for jobs that involve direct contact with clients; hh Tool 4 is for jobs that involve handling cash; hh Tool 5 is for workers who work with unstable or volatile clients; hh Tool 6 is for workers who work alone or in small numbers; hh Tool 7 is for those who work in community-based settings; hh Tool 8 is for mobile workplaces; hh Tool 9 is for those who work in high-crime areas; hh Tool 10 is for operations that involve the securing or protection of valuable goods; and hh Tool 11 is for those who transport people or goods. STEP 4: ASSESS PREVIOUS INCIDENTS Previous experiences with violence in your own company is the first place to look for an indication of how likely violence is likely to occur in the future. Consider not just acts involving extreme forms of physical violence but things like pushing and shoving. It s often the seemingly minor incidents that escalate into more serious violence. Also look into incidents of nonphysical abuse and harassment. Keep in mind that incidents of violence don t always get reported. So don t let the lack of previous incidents lull you into a false sense of security. Nor should you limit your inquiry to physical acts. You also need to look at incidents involving harassment, such as intimidation, bullying and verbal abuse. Subtle forms of abuse can explode into physical violence, like in the O.C. Transpo tragedy in Ottawa, Ontario, when a worker who was bullied and teased because of a speech impediment finally snapped and shot four workers before turning the gun on himself. At the very least, nonphysical violence poisons the work environment, increases absenteeism and lowers productivity and it may eventually escalate into acts of physical violence. In addition, without rules of procedure, the chairs or cochairs of the JHSC may wind up running everything, thus marginalizing the rest of the committee. Creating the rules of procedure engages all members of the JHSC and helps them to understand their roles on the committee. Instructions: Use the checklists incorporated into Tool 1 to assess previous acts of violence at your workplace. STEP 5: ASSESS THE PEOPLE WHO WORK FOR YOU Violence is authored by people. So you need to consider the physical and mental characteristics of the people who work for you. In essence, you need to determine whether any of your workers is likely to engage in acts of violence. Predicting human behaviour is anything but an exact science, even for trained psychologists and other behaviour experts. However, all you re being asked to do is make reasonable predictions on the basis of the information available. Previous acts of violence are probably the best indication of a potential danger. Other behavioural red flags include: MODULE 1 MODULE 1

15 WORKPLACE VIOLENCE COMPLIANCE KIT 15 THE VIOLENCE HAZARD ASSESSMENT, Cont'd hh Overt or veiled threats; hh Intimidating, belligerent, harassing and other inappro- priately aggressive behaviour; hh Frequent conflicts with supervisors and co-workers; hh Bringing a weapon to work; hh Showing a fascination with weapons and acts of violence; hh Statements indicating thoughts of suicide; hh Drug or alcohol abuse; hh Increased absenteeism; hh Mood swings; hh Deteriorating hygiene; hh Deteriorating job performance; and h h Extreme changes in behaviour. Instructions: We ll go into much more detail about dealing with people who commit or threaten violence in Module 4. But for now, you need to factor human characteristics of your workers into your hazard assessment. Use the checklists in Tool 1. But perhaps the best way to make judgments about individuals is to listen to the CD labelled Tool 12, the Webinar on the Violence Hazard Assessment. STEP 6: SURVEY THE PEOPLE WHO WORK FOR YOU Your employees and supervisors aren t just a potential source of workplace violence; they re also a resource in identifying and preventing risks of workplace violence. When it comes to preventing violence, the people who work for you are your eyes and ears. Or at least they should be. They re aware of what goes down at work and where the potential danger lies. You should, of course, review reports of previous incidents. But this is no substitute for going directly to the workers themselves. First of all, many of the subtle forms of workplace violence don t get recorded in incident reports. Compounding the problem is the fact that workers don t always report workplace violence they witness or experience. In fact, workers tend to brush off threats, harassment and other forms of violence because they don t think it s a problem and don t want to be accused of overreacting or making trouble. Hesitancy to report is especially likely if the person engaging in the violent or harassing behaviour is in a position of authority, such as a supervisor. Instructions: Incorporate feedback from your workers and supervisors as part of your hazard assessment. One effective method is to ask employees to complete an anonymous survey. Tool 13 is such a survey that you should adapt to your workplace. Ask employees if they ve witnessed or been the victim of violence; ask them to identify individuals that they think may be violent. Include a definition of violence so they understand that you re targeting more than just flagrant physical acts; and reassure them that they won t be the subject of reprisals for naming names or speaking candidly. Asking workers about their experiences with workplace violence isn t enough. You also need to survey supervisors. After all, they re on the front line and so may have the best perspective on the likelihood of violence in the workplace. Again, an effective and efficient way to get this information is to have each supervisor complete a survey that asks them about key factors indicating the potential for workplace violence. Tool 14 is a Model Supervisor Survey that s based on a violence hazard assessment form from the Education Safety Association of Ontario that you can adapt for use in your workplace. STEP 7: SHARE ASSESSMENT WITH JHSC Share the results of the hazard assessment with your company s Joint Health and Safety Committee or Health and Safety Representative. STEP 8: CONDUCT NEW ASSESSMENTS AS EXPERIENCE DICTATES Hazard assessment isn t something you do once. Assessing hazards is a dynamic, continuous process a work in progress that needs continual updating. So the final step in the hazard assessment process isn t a final step at all but the recommencement of the cycle. Instructions: Conduct new assessments when circumstances change, e.g., new work practices are introduced that heighten the risk of violence, and in any event at least once a year. Go back to the beginning of this chapter and follow the same instructions and use the same Tools, making refinements to reflect what you ve learned from your actual experiences and previous assessment. MODULE 1 MODULE 1

16 16 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX ONE: KNOW THE LAWS OF YOUR PROVINCE VIOLENCE HAZARD ASSESSMENT REQUIREMENTS Here s what the OHS law in your jurisdiction says about workplace violence risk assessments: FEDERAL: Employer must assess the potential for workplace violence, using the factors identified under Sec. 20.4, by taking into account, at a minimum, the following: a) the nature of the work activities; b) the working conditions; c) the design of the work activities and surrounding environment; d) the frequency of situations that present a risk of workplace violence; e) the severity of the adverse consequences to the worker exposed to a risk of workplace violence; f) the observations and recommendations of the policy committee or, if there s no policy committee, the JHSC or the health and safety representative, and of the workers; and g) the measures that are already in place to prevent and protect against workplace violence [Canada OHS Regs., Sec. 20.5(1)]. ALBERTA: Workplace violence is considered a hazard for the purposes of Part 2, which requires employers to assess a work site and identify existing and potential hazards before work begins at the work site or prior to the construction of a new work site [OHS Code 2009, Sec. 389]. BRITISH COLUMBIA: 1) A risk assessment must be performed in any workplace in which a risk of injury to workers from violence arising out of their employment may be present [OHS Reg., Sec. 4.28(1)]; and 2) the risk assessment must consider: a) previous experience in that workplace; b) occupational experience in similar workplaces; and c) the location and circumstances in which work will take place [Sec. 4.28(2)]. MANITOBA: An employer must identify and assess the risk of violence in the workplace in consultation with: a) the committee at the workplace; b) the representative at the workplace; or c) when there s no committee or representative, the workers at the workplace [Workplace Safety & Health Reg., Sec. 11.1(1)]. NEW BRUNSWICK: Doesn t address workplace violence in its OHS laws. NEWFOUNDLAND/LABRADOR: Employer must conduct workplace violence risk assessment that considers: a. previous experience in the workplace; b. occupational experience in similar workplaces; and c. the location and circumstances in which work may take place [OHS Regs., Sec. 22]. NORTHWEST TERRITORIES/NUNAVUT: Don t address workplace violence in its OHS laws. NOVA SCOTIA: 1) Employers must conduct a violence risk assessment for each of their workplaces to determine if there s a risk of violence in the workplace and prepare a written report concerning the violence risk assessment detailing the extent and nature of any risk identified by the assessment [Violence in the Workplace Regs., Sec. 5(1)]; 2) in conducting a violence risk assessment, employers must consider all of the following: a) violence that has occurred in the workplace in the past; b) violence that s known to occur in similar workplaces; c) the circumstances in which work takes place; d) the interactions that occur in the course of performing work; and e) the physical location and layout of the workplace [Sec. 5(2)]; 3) employers must consult with any committee established or representative selected at the workplace when conducting a violence risk assessment and must provide them with a copy of the written report of the assessment [Secs. 5(3) and (4)]; 4) employers must conduct a new violence risk assessment for a workplace in any of the following circumstances: a) the employer becomes aware of a type of violence occurring in similar workplaces that was not taken into consideration when the previous violence risk assessment was conducted; b) there s a significant change in any of the following: (i) the circumstances in which work takes place; (ii) the interactions that occur in the course of performing work; (iii) the physical location or layout of the workplace; c) the employer plans to construct a new facility or renovate an existing facility; d) the employer s ordered to do so by an officer [Sec. 6(1)]; and 5) employer must conduct a new violence risk assessment for each of their workplaces at least every 5 years [Sec. 6(2)]. ONTARIO: 1) Employers must assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work [OHS Act, Sec (1)]; 2) the assessment shall take into account: a) circumstances that would be common to similar workplaces; b) circumstances specific to the workplace; and c) any other prescribed elements [Sec (2)]; 3) employers must: a) advise the JHSC or a health and safety representative, if any, of the results of the assessment and provide a copy if the assessment s in writing; and b) if there s no JHSC or health and safety representative, advise the workers of the results of the assessment and, if the assessment s in writing, provide copies on request or advise the workers how to obtain copies [Sec (3)]; 4) employers must reassess the risks of workplace violence as often as is necessary to ensure that the workplace violence policy and the related program continue to protect workers from workplace violence [Sec (4)]; and 5) the requirements regarding the results of the assessment also applies to the results of the reassessment [Sec (5)]. PRINCE EDWARD ISLAND: 1) Employers must conduct a risk assessment of the workplace to determine whether or not a risk of injury to workers from violence arising out of their employment may be present [OHS Reg., Sec. 52.2(1)]; and 2) such risk assessment must include a consideration of: a) previous experience of violence in that workplace; b) occupational experience of violence in similar workplaces; and c) the location and circumstances in which the work will take place [Sec. 52.2(2)]. QUÉBEC: Requires employers to prevent psychological harassment but doesn t specify methods [Act, regarding labour standards, Sec ]. SASKATCHEWAN: Doesn t specifically require a violence risk assessment. But does require designated employers to develop written violence policies that include, among other things: a) the identification of the worksite or worksites where violent situations have occurred or may reasonably be expected to occur; and b) the identification of any staff positions at the place of employment that have been, or may reasonably be expected to be, exposed to violent situations [OHS Regs., Sec. 37(3)(b) and (c)]. In addition, identifying potential and actual health and safety hazards is also an element that a mandatory OHS program must include [Sec. 22(1)(b)]. YUKON: Doesn t address workplace violence in its OHS laws. MODULE 1 MODULE 1

17 WORKPLACE VIOLENCE COMPLIANCE KIT 17 TOOL 1: MODEL WORKPLACE VIOLENCE RISK ASSESSMENT CHECKLIST #1 A workplace violence risk assessment should cover, but not necessarily be limited to, the following factors: The attributes of workers, including: FF training and experience FF age and gender FF appearance FF health FF personalities and attitudes The nature of the work environment, including: FF work locations FF staff complement (including situations where workers work alone) FF workplace layout, including furniture placement FF lighting and security provisions FF hours of operation Activities that increase risk of violence Do workers engage in any of the following activities?: FF handling cash FF protecting or securing valuables FF transporting people and goods FF a mobile workplace (such as a vehicle) FF public or community contact FF working with unstable or volatile people FF working alone or with just a few people FF working late nights or very early mornings. Past history of incidents in your workplace and similar operations, including: FF number and frequency of violent incidents FF type and severity of incidents FF time and location of incidents FF job classifications affected FF attributes of both the workers and the clients involved FF nature of the interactions between workers and clients MODULE 1 MODULE 1

18 18 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 1: MODEL WORKPLACE VIOLENCE RISK ASSESSMENT CHECKLIST #2 FACILITY DESIGN Public Interface FF Does your reception area lock if unattended? FF Is the receptionist visible to others? FF Can the receptionist view incoming and outgoing staff and visitors? FF Are there physical barriers, e.g. pass-through windows? FF Are doors to unoccupied areas (e.g. closets) locked when not in use? Accessibility FF Is there centralized access to the facility? FF Are the entrances and exits clearly marked? FF Are there secure entrances for workers only? FF Are visitors required to be identified (e.g. badge) or be escorted? FF Is there an unobstructed exit or escape route? FF Are external doors numbered? Visibility FF Are parking lots secure (e.g., visible security)? FF Is there sufficient lighting in all areas, including garbage areas, parking lots and garages, etc.? FF Are there hidden corners that can be eliminated? FF Does the landscaping allow a clear view? WORK PRACTICES Check-in procedures for workers working alone/off-site FF Do workers have designated contacts? FF When and how often do workers check in? FF Do workers have code words for trouble? FF Are there procedures to follow if a worker doesn t check in? Visitor procedures FF Must visitors identify themselves? FF Must visitors sign in and out of the building? FF Are visitors escorted in certain areas? FF Must visitors wear identification badges? FF Are there set visiting hours? FF Is there a list of restricted visitors who may be denied access or allowed controlled access only? MODULE 1 MODULE 1

19 WORKPLACE VIOLENCE COMPLIANCE KIT 19 TOOL 1: MODEL WORKPLACE VIOLENCE RISK ASSESSMENT CHECKLIST #3 PRIOR INCIDENTS: YES NO Has anyone ever been suspected of being under the influence in the workplace? F F Has anyone ever been suspected of using drugs or alcohol in the workplace? F F Have weapons of any kind ever been found or seen in the workplace? F F Has anyone ever been assaulted, threatened, yelled at, pushed or verbally abused in the workplace? F F Is violence thought to be part of the job by some managers, supervisors or other workers? F F Have workers been threatened by supervisors or other workers or staff with physical or verbal abuse? F F Have there been any reports of theft? F F WORKER READINESS ASSESSMENT: YES NO Have workers, supervisors and managers been trained how to recognize and respond to threatening, aggressive, or violent behaviour? F F Have workers, supervisors and managers been effectively informed about steps to prevent violence? F F If workers have a protective order against an individual, do they keep a copy on their person and provide a copy to their immediate supervisor and campus police? F F Do workers keep their belongings in a locked or safe place? F F Are workers required to report incidents or threats of violence regardless of injury or severity of damage? F F Do workers work with at least one other person? F F Have workers been trained in the proper response during a criminal act? F F Have workers been trained in procedures to use for reporting suspicious persons or activities? F F FACILITY PREVENTION MEASURES ASSESSMENT: YES NO Is lighting bright in the parking and adjacent areas? F F Are emergency telephone numbers for emergency response, law enforcement, fire, medical services posted in areas where workers have access to a telephone with an outside line? F F Is the workplace security system adequate, such as cell phone availability, emergency response, functioning door locks, secure windows, physical barriers and containment systems? F F Is access and freedom of movement within the workplace restricted for persons other than workers? F F MANAGEMENT PREVENTATIVE MEASURES ASSESSMENT: YES NO Are incidents reported and reviewed by security department and Human Resources to identify incidents of workplace violence? F F Are medical and counselling services available and offered to workers who have been assaulted? F F Are threats and violent acts, damage or other signs of strain or pressure in the workplace always handled effectively by management by being recorded, investigated and corrective action taken? F F Is the policy to assure that worker disciplinary and/or discharge procedures handled fairly and administered effectively? F F Is an EAP service provided, offered, and utilized by workers who may be experiencing personal problems, who may have exhibited aggressive behaviour or who have made other workers fearful of being assaulted? F F MODULE 1 MODULE 1

20 20 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 2: General Physical Environment Assessment This assessment focuses on the nature of the workplace. It takes you through a survey of your workplace s physical environment and its security measures. There are spaces for you to note the controls that are already in place, and to identify what additional controls may be suitable for your workplace. You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to your workplace s circumstances and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) Have you assessed the following? Outside building and parking lot Bolted entries / locks Designated public entry doors Clear sightlines (look at landscaping, layout, and bushes) Good lighting Motion/movement detectors Entry control and security system Coded doors / security doors Employee ID cards and guest passes with sign-in/out Clearly labelled staff areas Closed-circuit video system Metal detectors Alarms (silent or sounding) Mirrors Reception and waiting areas Clear sightlines Means of communication Signage (re: hours) No heavy or sharp objects See the Assessment for Specific Risk: Direct Contact with Clients (page 29) for more suggestions. Public counters Widened service desks Barriers (e.g., unbreakable screens) Silent, concealed alarms Other means to summon help See the Assessment for Specific Risk: Direct Contact with Clients for more suggestions. Interior design, hidden areas (utility rooms, etc.), and lightings Restricted public access Clear sightlines Locked doors Mirrors Angled corners Continued on Page 21 MODULE 1 MODULE 1

21 WORKPLACE VIOLENCE COMPLIANCE KIT 21 TOOL 2: General Physical Environment Assessment, Cont'd Continued from page 20 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) Have you assessed the following? Stairwells and exits Exit signs Good lighting No obstructions Panic bars to allow escape Requirements of Fire Code and Building Code Elevators and washrooms Clear sightlines Restricted public access Communication devices or alarms Locks that can be accessed by security Public meeting rooms, interview, treatment or counselling rooms Clear sightlines Communication devices or alarms Furniture layout Weighted furniture Extra exit Isolated areas Location of cash, goods, and medicines Workplace location (shared building, neighbouring businesses, neighbourhood) Are individual security devices necessary to protect workers? Clear sightlines Means of communication Mirrors Angled corners Restricted access See the Assessment for Specific Risk: Working Alone or in Small Numbers for more suggestions. Locked and hidden storage Security tours Cameras Secured grounds Assessments for Specific Risks may have more detailed examples of controls. Individual security devices could include: personal alarms cell phones two-way radios GPS tracking devices or other locating devices Assessments for Specific Risks may have more detailed examples of controls. Continued on Page 22 MODULE 1 MODULE 1

22 22 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 2: General Physical Environment Assessment, Cont'd Continued from page 21 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) Have you assessed the following? If used in your workplace, are security systems and individual security devices tested? If used in your workplace: Test the security systems regularly Test individual security devices prior to use and regularly while in use Keep records of tests Is there a designated safe area where workers can go during a workplace violence incident? For emergency purposes, a safe area (for example, a safe room, the business next door, etc.) should be identified. If using a safe room, it should: have clear entry have a lock that can be used from the inside, but which can also be accessed by security have a means of summoning immediate assistance Are there other measures or procedures needed to protect workers from the risks arising from the physical environment? Measures and procedures will depend on the specific workplace. If your workplace has workplace security measures or individual security devices, are workers trained in their use? Provide workers training on workplace security measures and in the proper use and testing of individual security devices. Are workers and supervisors trained in all relevant measures and procedures that will protect them from violence associated with the workplace s physical environment? Information, instruction, or training could include: risks of workplace violence arising from their job or location other relevant measures and procedures MODULE 1 MODULE 1

23 WORKPLACE VIOLENCE COMPLIANCE KIT 23 TOOL 3: Assessment for Specific Risk: Direct Contact with Clients (CC) This assessment can be useful for fixed-location workplaces where workers are expected to provide a product or service to clients, for example, in retail stores, gas stations, factories, manufacturing settings, industrial settings, office environments, health care facilities, and clinics. Examples of activities include: hh Working in a fixed location in the presence of cash, goods, or medications that may be readily sold or pawned. hh Working in a fixed location with clients that have access to staff. You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CC1. Do clients have direct physical access to workers? Consider the following measures: Making reception areas visible to other workers and to the outside Having counters built wide enough or with barriers to prevent clients from having physical access to workers See question on restricting non-worker access within the workplace for more information. CC2. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 24 MODULE 1 MODULE 1

24 24 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 3: Assessment for Specific Risk: Direct Contact with Clients (CC), Cont'd Continued from page 23 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CC3. Does the workplace have a clean, uncluttered, welcoming atmosphere? Consider the following measures: Providing an informal, tidy entry area Posting signs such as Welcome and No- Harassment Policy Ensuring workers welcome clients and keep them informed of appointment delays, etc. CC4. Is public access to the workplace restricted? Restrict public access to the workplace by: providing a single entrance for clients and controlling access to other doors installing security alarms on outside doors installing door chimes or other means to notify workers when someone enters the workplace posting signs about workeronly areas using cards or keys to access worker-only areas using reception desks and sign-in procedures accompanying non-workers in restricted areas using video surveillance and posting signs to inform people of it locking the public entrance and providing a bell CC5. Where clients could become aggressive or violent, are there any objects or equipment that could be used to hurt people? Consider the following measures: Storing sharp and dangerous items so that only workers have access to them Keeping public counters and public areas free of equipment and clutter Continued on Page 25 MODULE 1 MODULE 1

25 WORKPLACE VIOLENCE COMPLIANCE KIT 25 TOOL 3: Assessment for Specific Risk: Direct Contact with Clients (CC), Cont'd Continued from page 24 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CC6. Are there designated rooms for meeting with clients? Set up rooms specifically for meetings with the public by: installing windows in the door or some other way for workers outside to see inside the meeting room if necessary, designing rooms so that they are within hearing range of reception area setting up room with an easy exit for workers in case of emergency CC7. Is there a place for workers to safely store their personal belongings? Provide workers with a secure area to lock up their personal belongings, out of public sight. CC8. Are workers working in remote or isolated locations within the building? Maintain regular contact with workers by: providing cell phones, walkie-talkies, or other communication or monitoring devices establishing regular contact times designating a person to monitor contact with workers, and to follow up if contact is lost Consider the following measures: Having more than one person working in an area where there might be contact with public or clients Shortening the business hours in remote/isolated area CC9. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security Continued on Page 26 MODULE 1 MODULE 1

26 26 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 3: Assessment for Specific Risk: Direct Contact with Clients (CC), Cont'd Continued from page 25 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CC10. Are there any other risks associated with the physical environment and contact with the public? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. CC11. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about the risk of violence related to specific situations or clients, including possible triggers for violence. CC12. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement such procedures, which could include: how to question strangers or intruders about the appropriateness of their presence in a nonconfrontational manner recommended actions and responses when to call for help or go to a safe area CC13. Do you have procedures for workers to follow when dealing with aggressive or violent clients or members of the public? Develop and implement such procedures, which could include: recommended actions and responses when to call for help or go to a safe area CC14. Are there other measures or procedures needed to protect workers from the risks of contact with clients? Measures and procedures will depend on the specific workplace. CC15. Are workers and supervisors trained in all relevant measures and procedures for protecting themselves from workplace violence associated with client contact? Information, instruction, or training could include: the risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

27 WORKPLACE VIOLENCE COMPLIANCE KIT 27 TOOL 4: Assessment for Specific Risk: Handling Cash (HC) This assessment is designed to help workplaces assess the risk of workplace violence where workers are handling cash in a fixed location. Such workers include, but are not limited to, cashiers who might become a target for theft or loss. Examples of activities include: hh Maintaining petty cash in a fixed location hh Working at a cashier station in a fixed location hh Making cash deposits You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC1. Do clients or customers have direct physical access to workers? Consider the following measures: Using wide counters or tables at customer service stations/desks If necessary, installing a barrier to cover the booth and only have a small opening to exchange the cash Raising the counter to keep cash register out of sight and to limit access HC2. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 28 MODULE 1 MODULE 1

28 28 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 4: Assessment for Specific Risk: Handling Cash (HC), Cont'd Continued from page 27 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC3. Do workers use locked drop safes or time-lock safes? Consider the following measures: Depositing cash in a locked drop safe/time-lock safe Establishing the maximum amount of cash that can be stored in the till (large amounts should be deposited in locked drop safes or time-lock safes) Posting a sign notifying the public of the locked drop safes or time-lock safes HC4. Does the front desk or till counter face the entrance of the workplace? Front desks or tills (cash) should: face the main entrance have clear sight of the main doors not have sightlines blocked by the storage of large items If there is more then one till, place them away from each other but close enough that they are within view of each other. HC5. If there are large street windows, are they clear of obstructions? Leave large windows clear of obstructions by: removing large objects or posters that would block the view ensuring that walls, fences, landscaping, and bushes do not block the view from within the workplace (keep them less than one-metre high) HC6. Is an adequate amount of internal and external lighting provided? Improve lighting by: ensuring outside lighting does not create shadows or leave dark spots that can be used as hiding places ensuring inside brightness levels, glare, contrast, and shadows are maintained at levels that are not hazardous ensuring that all lighting equipment is periodically serviced and maintained Continued on Page 29 MODULE 1 MODULE 1

29 WORKPLACE VIOLENCE COMPLIANCE KIT 29 TOOL 4: Assessment for Specific Risk: Handling Cash (HC), Cont'd Continued from page 28 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC7. Is public access to the workplace restricted? Restrict public access to the workplace by: providing a single entrance for clients and controlling access to other doors installing security alarms on outside doors installing door chimes or other means to notify workers when someone enters the workplace posting signs about worker-only areas using cards or keys to access worker-only areas using reception desks and sign-in procedures accompanying non-workers in restricted areas using video surveillance and posting signs to inform people of it locking the public entrance and providing a bell being selective about who is admitted after hours keeping a list of visitors who are not allowed access or who are allowed to access only specific areas Continued on Page 30 MODULE 1 MODULE 1

30 30 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 4: Assessment for Specific Risk: Handling Cash (HC), Cont'd Continued from page 29 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC8. Do workers work in remote locations or isolated areas? Consider the following measures: Avoiding having only one worker on shift, where possible Pairing experienced workers with junior or new workers, where possible Implementing a buddy system during opening and closing hours Shortening the business hours in remote/isolated areas, where possible Monitoring the workplace Installing panic buttons in several places and making workers aware of them (workers should have easy access to them, but they should not be obvious to the public) Maintain regular contact with workers by: providing cell phones, walkietalkies, or other communications or monitoring devices establishing regular contact times designating a person to monitor contact with workers, and to follow up if contact is lost HC9. If applicable, are there signs and printed notices posted about the limited availability of cash at the workplace? Post signs and printed notes at the front entrance and near the till to inform the public of limited cash availability. HC10. If applicable, are there exit doors that allow cashiers to make a safe exit, if necessary? Consider providing more than one exit door that leads to a safe area, such as an area occupied by other workers or the exterior of the building. HC11. Does the workplace contain or sell sharp and/or dangerous items? Consider the following measures: If possible, not carrying sharp and/or dangerous items Storing sharp and dangerous items near the cash register and locked in a cabinet Continued on Page 31 MODULE 1 MODULE 1

31 WORKPLACE VIOLENCE COMPLIANCE KIT 31 TOOL 4: Assessment for Specific Risk: Handling Cash (HC), Cont'd Continued from page 30 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC12. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security HC13. Do workers make cash deposits outside the workplace? Consider the following measures: Using security patrols Varying workers travel times and routes Using a buddy system or escorts when carrying money Joining with neighbouring businesses to coordinate security Providing appropriate communications or individual security devices for summoning help HC14. Are there any other risks associated with handling cash and with the physical environment? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. HC15. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about the risks of violence related to specific situations or clients. HC16. Are there procedures for opening and closing hours? Develop and implement procedures for opening and closing hours. HC17. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement procedures, including: how to question strangers or intruders about the appropriateness of their presence in a non-confrontational manner recommended actions and responses when to call for assistance or go to a safe area Continued on Page 32 MODULE 1 MODULE 1

32 32 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 4: Assessment for Specific Risk: Handling Cash (HC), Cont'd Continued from page 31 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) HC18. Do you have procedures for workers to follow when dealing with aggressive or violent clients, customers, or members of the public? Develop and implement procedures, including: recommended actions and responses when to call for assistance or go to a safe area HC19. Are there other measures or procedures needed to protect workers from the risks of handling cash? Measures and procedures will depend on the specific workplace. HC20. Are workers trained in safety routines for parking, leaving, and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around your vehicle and checking back seat before unlocking it locking doors and keeping windows up how to carry and store valuables dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps HC21. Have workers received training in robbery prevention and response? Consider establishing a robbery prevention and response program. Training could include: techniques for preventing robberies safe responses to robbery no negative consequences to workers HC22. Are workers and supervisors trained in all relevant measures and procedures for protecting themselves from workplace violence associated with handling cash? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

33 WORKPLACE VIOLENCE COMPLIANCE KIT 33 TOOL 5: Assessment for Specific Risk: Working with Unstable or Volatile Clients (VC) This assessment can be useful to workplaces where workers are providing services or products to persons with physiological, psychological, or psychiatric conditions, or substance abuse issues. Examples of workers providing services or products to this population include caregivers, parole officers, police, corrections officers, youth officers, social service workers, and receptionists. Examples of activities include: hh Providing a service to persons with physiological, psychological, or psychiatric conditions, or substance abuse issues hh Providing a service that involves physical contact with clients who may be unpredictable due to influences outside the workplace You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) VC1. Do clients have direct physical access to workers? Consider the following measures: Making reception areas visible to other workers and to the outside Having counters built wide enough or with barriers to prevent clients from having physical access to workers See VC3 (restricting non-worker access within the workplace) for more information. VC2. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 34 MODULE 1 MODULE 1

34 34 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 5: Assessment for Specific Risk: Working with Unstable or Volatile Clients (VC), Cont'd Continued from page 33 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) VC3. Is public access to the workplace restricted? Restrict public access to the workplace by: providing a single entrance for clients and controlling access to other doors installing security alarms on outside doors installing door chimes or other means to notify workers when someone enters the workplace posting signs about worker-only areas using cards or keys to access worker-only areas using reception desks and sign-in procedures accompanying non-workers when in restricted areas using video surveillance and posting signs to inform people of it locking the public entrance and providing a bell being selective about who is admitted after hours keeping a list of visitors who are not allowed access or who are allowed only restricted access VC4. Are there any objects or equipment in the workplace that could be used to hurt people? Consider the following measures: Not providing clients with sharp or dangerous items Storing sharp and dangerous items so that only workers have access to them Keeping public counters and public areas free of equipment and clutter Using alternatives to sharp and/or dangerous items where appropriate (using plastic utensils instead of metal utensils, etc.) Using weighted furniture Continued on Page 35 MODULE 1 MODULE 1

35 WORKPLACE VIOLENCE COMPLIANCE KIT 35 TOOL 5: Assessment for Specific Risk: Working with Unstable or Volatile Clients (VC), Cont'd Continued from page 34 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) VC5. Are there designated rooms for meeting with clients? Set up rooms specifically for meetings with the public: Install windows in the door or some other way for workers outside the meeting room to see in Design rooms so that they are within hearing range of reception area or other workers Set up room (including furniture) to allow for an easy exit in case of an emergency Use weighted furniture Provide a means of communication or alarm If no designated meeting rooms exist, set up offices so that workers can exit the office first. VC6. Is there a place in which workers can safely store their personal belongings? Provide workers with a secure area to lock their personal belongings, out of public sight. VC7. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security VC8. Are there any other risks associated with the physical environment and working with unstable or volatile clients? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. VC9. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to specific situations or clients, including possible triggers. Continued on Page 36 MODULE 1 MODULE 1

36 36 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 5: Assessment for Specific Risk: Working with Unstable or Volatile Clients (VC), Cont'd Continued from page 35 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) VC10. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement such procedures, which could include: how to question strangers or intruders about the appropriateness of their presence in a non-confrontational manner recommended actions and responses when to call for help or go to a safe area VC11. Do you have procedures for workers to follow when dealing with aggressive or violent clients, customers, or members of the public? Develop and implement such procedures, which could include: recommended actions and responses when to call for help or go to a safe area VC12. Are there other measures or procedures needed to protect workers from the risks of working with unstable or volatile clients? Measures and procedures will depend on the specific workplace. VC13. Are workers trained to recognize and deal with potentially violent people, situations, or highrisk locations? Training could include: how workers will be informed about potentially violent people, situations, or high-risk locations characteristics of aggressive or violent people signs of behaviour escalation recognition of potentially violent situations, including situations of sexual violence recommended actions and reactions, including when to leave or escape appropriate responses to incidents, including defusing hostile or aggressive behaviours VC14. Are workers and supervisors trained in all relevant measures and procedures for protecting themselves from workplace violence associated with working with unstable or volatile clients? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

37 WORKPLACE VIOLENCE COMPLIANCE KIT 37 TOOL 6: Assessment for Specific Risk: Working Alone or in Small Numbers (WA) This assessment can be useful to workplaces where work is performed at a fixed location by a single worker or very few workers. This could include settings such as health care facilities and clinics, retail stores, gas stations, factories, manufacturing facilities, industrial settings, and office environments. Examples of activities include: hh Working in a fixed location where there is limited or no access to communication tools and other security devices hh Working in a fixed location where there is high potential for assault, sexual assault, or robbery hh Working in isolated areas within a worksite, away from other workers hh Working in a remote worksite where the public may have access You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) WA1. Do you have a security system? Investigate the need for security systems such as: personal alarms fixed alarms connected to security services video surveillance with a live feed to a central location regular security patrols Develop and implement regular alarm checks. WA2. Can workers summon immediate assistance when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 38 MODULE 1 MODULE 1

38 38 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 6: Assessment for Specific Risk: Working Alone or in Small Numbers (WA), Cont'd Continued from page 37 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) WA3. Is public access to the workplace restricted? Restrict public access to the workplace by: providing a single entrance for clients and controlling access to other doors installing security alarms on outside doors installing door chimes or other means to notify workers when someone enters the workplace posting signs about worker-only areas using cards or keys to access worker-only areas using reception desks and sign-in procedures accompanying non-workers in restricted areas using video surveillance and posting signs to inform people of it locking the public entrance and providing a bell WA4. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security WA5. Are there any other risks associated with the physical environment and working alone? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. WA6. Do you have procedures for opening, closing, or securing the workplace prior to starting and at the end of shifts? Develop and implement procedures for opening, closing, or securing the workplace prior to starting and at the end of shifts. Include procedures for responding to and dealing with unusual circumstances. Continued on Page 39 MODULE 1 MODULE 1

39 WORKPLACE VIOLENCE COMPLIANCE KIT 39 TOOL 6: Assessment for Specific Risk: Working Alone or in Small Numbers (WA), Cont'd Continued from page 38 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) WA7. Do you maintain regular contact with workers who are working alone? Maintain regular contact with workers by: providing cell phones or other communications or monitoring devices establishing regular contact times or check-in points designating a person to monitor contact with workers, and to follow up if contact is lost WA8. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement such procedures, which could include: how to question strangers or intruders about the appropriateness of their presence in a non-confrontational manner recommended actions and responses when to call for assistance or go to a safe area WA9. Do you have procedures for workers to follow when dealing with aggressive or violent clients or members of the public? Develop and implement such procedures, which could include: recommended actions and responses when to call for assistance or go to a safe area WA10. Are there other measures or procedures needed to protect workers from the risks of working alone? Measures and procedures will depend on the specific workplace. Continued on Page 40 MODULE 1 MODULE 1

40 40 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 6: Assessment for Specific Risk: Working Alone or in Small Numbers (WA), Cont'd Continued from page 39 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) WA11. Are workers trained in safety routines for parking, and leaving and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around the vehicle and checking the back seat before unlocking the vehicle locking doors and keeping windows up how to carry and store valuables dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps WA12. In addition to the above, are workers and supervisors provided with information, instruction, and/ or training to protect them from the risks of working alone? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

41 WORKPLACE VIOLENCE COMPLIANCE KIT 41 TOOL 7: Assessment for Specific Risk: Working in a Community-based Setting (CS) This assessment can be useful to workplaces where workers are expected to work in the community and provide services in private homes and dwellings, including home support workers, caregivers, home service and repair personnel, real estate agents, insurance agents, and salespeople. Examples of activities include: hh Travelling alone in the community hh Working in a client s personal dwelling hh Working with limited or no access to communication tools and other security devices You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CS1. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices establishing an internal code word or words to indicate that help is needed CS2. Are vehicles used by workers regularly maintained? Develop and implement procedures to ensure vehicles used by workers are regularly maintained. CS3. Is a pre-visit telephone interview conducted with clients? Develop and implement a pre-visit client interview process. Questions could determine: who will be present during the visit who will answer the door the presence of animals the potential for any violence, including possible triggers parking location street lighting CS4. Do workers carry medications, syringes, or other valuable medical equipment? Develop measures and procedures to protect workers and prevent robbery. Continued on Page 42 MODULE 1 MODULE 1

42 42 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 7: Assessment for Specific Risk: Working in a Community-based Setting (CS), Cont'd Continued from page 41 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CS5. Are workers provided with the safest route to travel to clients? Develop and implement a process to identify high-crime areas and determine safe travel routes, including parking and walking recommendations. CS6. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to location, the specific client, a history of violent behaviour, possible triggers for violence, presence of weapons or pets, and public demonstrations or strikes. CS7. Do you maintain regular contact with workers who are working in the community? Maintain regular contact with workers by: providing cell phones or other communications or monitoring devices establishing regular contact times or check-in points designating a person to monitor contact with workers, and to follow up if contact is lost CS8. Do you require a safe-visit plan before workers visit high-risk situations? Develop, implement, and communicate safe-visit plans for high-risk situations. A plan could include: provision of a cell phone to maintain regular contact with office a buddy system meeting a client at a safer location, where possible deferral of visit until proper safety measures can be met wearing shoes at all times for home visits (for quick exit, if necessary) CS9. Do you have procedures for workers to follow when dealing with aggressive or violent clients, customers, or members of the public? Develop and implement such procedures, which could include: recommended actions and responses when to call for assistance or go to a safe area Continued on Page 43 MODULE 1 MODULE 1

43 WORKPLACE VIOLENCE COMPLIANCE KIT 43 TOOL 7: Assessment for Specific Risk: Working in a Community-based Setting (CS), Cont'd Continued from page 42 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CS10. Are there other measures or procedures needed to protect workers from the risks of working in the community? Measures and procedures will depend on the specific workplace. CS11. Are workers trained to recognize and deal with potentially violent people, situations, or highrisk locations? Training could include: how workers will be informed about potentially violent people, situations or locations characteristics of aggressive or violent people signs of behaviour escalation recognition of potentially violent situations, including situations of sexual violence recommended actions and reactions, including when to leave or how to escape appropriate responses to incidents, including defusing hostile or aggressive behaviours CS12. Are workers trained in safety routines for parking, and leaving and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around the vehicle and checking the back seat before unlocking the vehicle locking doors and keeping windows up how to carry and store valuables the dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps Continued on Page 44 MODULE 1 MODULE 1

44 44 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 7: Assessment for Specific Risk: Working in a Community-based Setting (CS), Cont'd Continued from page 43 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CS13. Are workers trained in safety routines for using public transportation? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand looking for adequate light from street lamps CS14. Are workers and supervisors trained in all relevant measures and procedures for protecting themselves from workplace violence associated with working in a community-based setting? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

45 WORKPLACE VIOLENCE COMPLIANCE KIT 45 TOOL 8: Assessment for Specific Risk: Mobile Workplace (MW) This assessment can be useful to workplaces where workers are required to travel in a vehicle most of their workday with limited communication with their office. These workers could be salespeople, consultants, auditors contract accountants, etc., who travel to clients premises. Examples of activities include: hh Working on the road a vehicle is a mobile office hh Working in remote or unknown areas hh Situations in which the public has access to the worker in and outside of the vehicle You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) MW1. Can workers call for immediate help when workplace violence occurs or is likely to occur while they are on the road? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed MW2. Are vehicles used by workers regularly maintained? Develop procedures to ensure vehicles used by workers are regularly maintained. MW3. Are vehicles equipped with special security devices? Consider the following measures: Installing an alarm system in the vehicle Installing a video camera in the vehicle Making GPS available for those who want the system or providing GPS-equipped cell phones MW4. Are workers working in remote or isolated locations? Provide appropriate communications or individual security devices (telephone, two-way radio, alarm buttons, etc.) and ensure these devices will be available should a problem arise. Continued on Page 46 MODULE 1 MODULE 1

46 46 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 8: Assessment for Specific Risk: Mobile Workplace (MW), Cont'd Continued from page 45 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) MW5. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security MW6. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to specific situations or clients. MW7. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement such procedures, which could include: how to question strangers or intruders about the appropriateness of their presence in a non-confrontational manner recommended actions and responses when to call for help or go to a safe area MW8. Do you have procedures for workers to follow when dealing with aggressive or violent clients or members of the public? Develop and implement such procedures, which could include: recommended actions and responses when to call for assistance or go to a safe area MW9. Do you maintain regular contact with workers who are in a mobile workplace? Maintain regular contact with workers by: providing cell phones or other communications or monitoring devices establishing regular contact times or check-in points designating a person to monitor contact with workers, and to follow up if contact is lost MW10. Are there other measures or procedures needed to protect workers from the risks of a mobile workplace? Measures and procedures will depend on the specific workplace. Continued on Page 47 MODULE 1 MODULE 1

47 WORKPLACE VIOLENCE COMPLIANCE KIT 47 TOOL 8: Assessment for Specific Risk: Mobile Workplace (MW), Cont'd Continued from page 46 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) MW11. Are workers trained in safety routines for parking, and leaving and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around the vehicle and checking the back seat before unlocking the vehicle locking doors and keeping windows up how to carry and store valuables the dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps MW12. Are workers trained to be aware of travel in potentially unsafe areas and of potentially violent situations? Training could include: how workers will be informed about potentially violent people, situations, or high-risk locations areas that are remote, isolated, and/or unsafe knowing where phone systems do not work characteristics of aggressive or violent people and signs of escalation recognition of potentially violent situations, including situations of sexual violence recommended actions and reactions, including when to leave or escape MW13. Are workers and supervisors trained in all relevant measures and procedures for protecting themselves from workplace violence associated with a mobile workplace? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

48 48 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA) This assessment may help workplaces determine the risk of workplace violence where workers perform services in a fixed location in a high-crime area. A high-crime area is identified by police and insurance and real estate broker statistics. Examples of activities include: hh Working in areas where there is a high potential for assault, sexual assault, or robbery, based on police statistics hh Working in areas where there is a high potential for theft and/or property damage, based on insurance and realtor/ broker statistics You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CA1. Have you surveyed the outside of the building and parking lots for possible hiding places? Eliminate or minimize hiding places (cut shrubbery, change the design of garbage bins, etc.). Position security cameras in high-risk locations and continuously monitor them. CA2. Are there designated, well-lit, monitored walkways for workers? Identify/designate safe entrance and exit walkways for workers. CA3. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call an emergency number) providing GPS tracking devices or other locating devices providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 49 MODULE 1 MODULE 1

49 WORKPLACE VIOLENCE COMPLIANCE KIT 49 TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA), Cont'd Continued from page 48 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CA4. Is public access to the workplace restricted? Restrict public access to the workplace by: providing a single entrance for clients or other visitors and controlling access to other doors installing security alarms on outside doors installing door chimes or other means to notify workers when someone enters the workplace posting signs about worker-only areas using cards or keys to access worker-only areas using reception desks and sign-in procedures accompanying non-workers in restricted areas using video surveillance and posting signs to inform people of it locking the public entrance and providing a bell CA5. Is there a system to verify the identity of persons delivering goods and services? Measures and procedures could include: conducting a visual (camera, window) and audio check before opening the receiving-area door scheduling deliveries CA6. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: having workers leave the building in groups arranging for security patrols joining with neighbouring businesses to coordinate security Continued on Page 50 MODULE 1 MODULE 1

50 50 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA), Cont'd Continued from page 49 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CA7. Do workers work in remote and isolated areas inside the building? Maintain regular contact with workers by: providing cell phones, walkietalkies, or other communications or monitoring devices establishing regular contact times designating a person to monitor contact with workers, and to follow up if contact is lost Consider the following measures: Avoiding having only one worker on shift, if possible, or having a buddy system during opening and closing hours Shortening the business hours in remote or isolated areas, if possible Joining your building or neighbouring businesses to coordinate security Positioning cameras in high-risk locations and continuously monitoring them CA8. Have you surveyed the interior of the building for possible hiding places? Consider the following measures: Locking storage rooms, washrooms, etc. to limit client/ visitor access Continuously monitoring potential hiding places (stairwells, etc.) CA9. Are there any other risks associated with the physical environment and a high-crime area? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. CA10. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to specific situations or clients. Continued on Page 51 MODULE 1 MODULE 1

51 WORKPLACE VIOLENCE COMPLIANCE KIT 51 TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA), Cont'd Continued from page 50 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CA11. Do you have procedures for workers to follow when dealing with strangers or intruders? Develop and implement procedures, which could include: how to question strangers or intruders about the appropriateness of their presence in a non-confrontational manner recommended actions and responses when to call for help or go to a safe area CA12. Do you have procedures for workers to follow when dealing with aggressive or violent clients or members of the public? Develop and implement procedures, which could include: recommended actions and responses when to call for help or go to a safe area CA13. Have you developed a working relationship with community crime-prevention groups? Consider participating in community efforts to reduce crime (attend meetings, participate in awareness campaigns, volunteer for community activities or fundraisers, etc.). CA14. Do you provide safe transportation home very early or late at night? Develop and implement procedures for providing safe travel home when workers are working very early in the morning or late at night (taxi service to worker s door, etc.). CA15. Are there other measures and procedures that would protect workers from the risks of working in high-crime areas? Measures and procedures will depend on the specific workplace. Continued on Page 52 MODULE 1 MODULE 1

52 52 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 9: Assessment for Specific Risk: Working in High-Crime Areas (CA), Cont'd Continued from page 51 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) CA16. Are workers trained in safety routines for parking, and for leaving and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around the vehicle and checking the back seat before unlocking the vehicle locking doors and keeping windows up how to carry and store valuables the dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps CA17. Are workers trained in safety routines for using public transportation? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand looking for adequate light from street lamps CA18. Are workers and supervisors trained in all relevant measures and procedures for protecting them from workplace violence associated with high-crime areas? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

53 WORKPLACE VIOLENCE COMPLIANCE KIT 53 TOOL 10: Assessment for Specific Risk: Securing/Protecting Valuable Goods (SV) This assessment is designed to help workplaces assess the risk of workplace violence where a worker s principal job function includes protecting or securing valuable goods in transport and/or in a fixed location which, if left unprotected or unsecured, might become a target for theft or loss. Such workers include, but are not limited to, security guards. Activities may include: hh Working in the presence of cash, goods, or medications that may be readily sold or pawned hh Working in the presence of valuable portable goods, such as precious metals, vehicles, or electronics hh Transporting cash or valuable goods, especially to remote or isolated locations hh Protecting valuable goods in an area open to the public hh Intervening in a situation to prevent theft or loss hh Patrolling alone or at night, especially in remote or isolated locations You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) SV1. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: providing equipment to summon assistance, such as individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call emergency number) providing GPS tracking devices or other locating devices establishing an internal code word or words to indicate that help is needed providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available SV2. Are workers working in remote and isolated areas? See SV1 and SV8. Consider a buddy system SV3. Do workers work at times of increased vulnerability, such as late at night, early in the morning, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: rescheduling hours, if possible adding workers or using a buddy system providing appropriate communications or individual security devices for summoning assistance Continued on Page 54 MODULE 1 MODULE 1

54 54 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 10: Assessment for Specific Risk: Securing/Protecting Valuable Goods (SV), Cont'd Continued from page 53 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) SV4. Are vehicles used by workers regularly maintained? Develop and implement procedures to ensure vehicles used by workers are regularly maintained. SV5. Is interior and exterior lighting adequate? Discuss with the client the risks posed by inadequate lighting and consider providing workers with high-beam flashlights. SV6. Are there any other risks associated with the physical environment and securing/ protecting valuables? See the General Physical Environment Assessment for some other aspects of the physical environment that should be assessed. SV7. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to specific locations or clients: location (unsafe area, isolation, unlit parking area, poor lighting, unsafe building) history of violence associated with activity/work location (robberies, etc.) SV8. Do you maintain regular contact with workers who are securing or protecting valuables? Maintain regular contact with workers by: providing cell phones or other communications or monitoring devices establishing regular contact times or check-in points designating a person to monitor contact with workers and follow up if contact is lost (e.g., an operations room operator may contact the guard every hour via a dedicated radio system ensure the supervisor contacts the guard, and the patrol guard notifies the supervisor, if either knows of a change in a scheduled patrol). SV9. Are there other measures or procedures needed to protect workers from the risks of securing or protecting valuables? Measures and procedures will depend on the specific workplace. Continued on Page 55 MODULE 1 MODULE 1

55 WORKPLACE VIOLENCE COMPLIANCE KIT 55 TOOL 10: Assessment for Specific Risk: Securing/Protecting Valuable Goods (SV), Cont'd Continued from page 54 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) SV10. Are workers trained in safety routines for parking, and leaving and returning to their vehicles? Training could include: being observant look and listen not slinging purses or bags over the shoulder or around the neck carrying keys in hand walking around the vehicle and checking the back seat before unlocking the vehicle locking doors and keeping windows up how to carry and store valuables the dangers of reading or writing in parked vehicles maintaining a full gas tank or filling up at well-lit and busy gas stations how to choose a safe parking spot looking for adequate light from street lamps SV11. Have workers received training in robbery prevention and response? Consider establishing a robbery prevention and response program. Training could include: techniques for preventing robberies safe responses to robbery no negative consequences to workers SV12. Are workers trained to recognize and deal with potentially violent people, situations, or highrisk locations? Training could include: how workers will be informed about potentially violent people, situations, or locations characteristics of aggressive or violent people signs of behaviour escalation recognition of potentially violent situations, including situations of sexual violence recommended actions and reactions, including when to leave or how to escape appropriate responses to incidents, including defusing hostile or aggressive behaviours Continued on Page 56 MODULE 1 MODULE 1

56 56 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 10: Assessment for Specific Risk: Securing/Protecting Valuable Goods (SV), Cont'd Continued from page 55 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) SV13. In addition to the above, are workers and supervisors provided with information, instruction, and/ or training to protect them from the risks of securing and protecting valuables? Information, instruction, or training could include: risks of workplace violence arising from their job or location relevant measures and procedures MODULE 1 MODULE 1

57 WORKPLACE VIOLENCE COMPLIANCE KIT 57 TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG) This assessment is designed to help workplaces determine the risk of workplace violence where workers transport people in taxis, buses, streetcars, or subways, and where workers transfer goods of all kinds in trucks and mid-size vehicles. Examples of activities include: hh Working in high-density traffic routes hh Working in areas where there is exposure to road rage hh Working in areas where there is limited or no access to communication tools hh Working in situations where the public has physical access to the driver/staff hh Working in situations where fare collection and the enforcement of fares is required hh Working in situations where there is exposure to theft of goods that are being transferred You are not required to use all or any of the examples of controls. There may be other controls that are more suitable to the circumstances of your workplace and to controlling the risks of workplace violence that you identify. Job / Department/ Location: Completed by: Date: Red shading indicates elevated risk. Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) TG1. Do passengers have physical access to drivers? Consider the following measures: Removing direct access by installing a cage, barrier/partition, or door with a glass shield Posting a sign to warn passengers of the outcomes if the driver is harassed (e.g., they will be denied access to service, the police will be called) TG2. Do drivers carry large amounts of money? Public transportation: Encourage the use of tickets, tokens, or Smart Cards Truck drivers (transporting goods): Increase the use of debit/credit cards for payment of goods Carry little cash (establish a rule that money in excess of a set amount must be deposited at the bank) Taxi drivers: Increase the use of debit/credit cards for fare payment Carry little cash (establish a rule that money in excess of a set amount must be deposited at the bank) See the Assessment for Specific Risk: Handling Cash for more suggestions about deposits. Continued on Page 58 MODULE 1 MODULE 1

58 58 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG), Cont'd Continued from page 57 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) TG3. Do workers work at times of increased vulnerability, such as late at night, early in the morning, during very long work hours, or at very quiet times of day? Assess higher-risk times and the need for additional measures to protect workers, such as: rescheduling hours, if possible adding workers or using a buddy system providing appropriate communications or individual security devices for summoning assistance TG4. Are workers transporting people or goods in remote and isolated areas? See TG6 and TG9. Consider a buddy system. TG5. Are vehicles used by workers regularly maintained? Develop and implement procedures to ensure vehicles used by workers are regularly maintained, such as: daily, weekly, and monthly maintenance checklists checking interior and exterior mirrors and replacing damaged mirrors installing new large full-access mirrors in areas where it is required Where a vehicle is inoperable while passengers are present, notify them in a calm manner and immediately call for backup. Avoid confrontations TG6. Can workers call for immediate help when workplace violence occurs or is likely to occur? Measures and procedures could include: individual or fixed alarms (sounding or silent) or cell phones (pre-programmed to call emergency number) flashing lights, such as those used on taxis in some cities GPS tracking systems to allow fast access to supervisors and emergency services providing internal and external numbers for workers to call at all hours of operations posted or otherwise readily available establishing an internal code word or words to indicate that help is needed Continued on Page 59 MODULE 1 MODULE 1

59 WORKPLACE VIOLENCE COMPLIANCE KIT 59 TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG), Cont'd Continued from page 58 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) TG7. Is there adequate lighting within and outside the vehicle? Ensure the brightness levels, glare, contrast, and shadows are maintained at levels that create appropriate surveillance conditions internally and externally. Ensure that all light fixtures work properly and are regularly serviced and maintained. TG8. Do you have procedures to identify, evaluate, and inform workers about specific high-risk clients, situations, or locations? Develop and implement procedures to identify, evaluate, and inform workers about risks of violence related to specific locations or clients. TG9. Do you maintain regular contact with workers who are transporting people or goods? Maintain regular contact with workers by: providing cell phones or other communications or monitoring devices establishing regular contact times or check-in points designating a person to monitor contact with workers and follow up if contact is lost (e.g., an operations room operator may contact the driver every hour via a dedicated radio system) TG10. Do you have procedures for workers to follow when dealing with aggressive or violent clients or others? Develop and implement procedures, which could include: recommended actions and responses when to call for assistance or go to a safe area Continued on Page 60 MODULE 1 MODULE 1

60 60 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG), Cont'd Continued from page 59 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) TG11. Are passengers and clients notified of the vehicle s schedule (including arrival time)? All transportation sectors: Early notification can relieve passenger-client aggression caused by fear of missing a bus, streetcar, subway, or taxi, or the late arrival of goods. If delays are expected, drivers should immediately notify passengers or clients (by announcement, on an electronic sign, or over the phone). Public transportation: Post schedules to make it easy for public to view (e.g., at stations, at each stop, online). Truck drivers (transporting goods): Notify client of the arrival day and time in advance, either by phone, letter, or . Call close to scheduled delivery time to notify client of delays, if necessary. Taxi: Dispatcher should notify client of the anticipated arrival time and expected delays, if any. TG12. Do you have a procedure regarding the correct response to fare disputes? Procedures should: clearly define when the driver should withdraw from the dispute (workers must not put themselves in danger for the collection of the correct fare do not leave the nature of the response to the individual driver s discretion) rule out any negative consequences for failure to collect the correct fare TG13. Are there other measures or procedures needed to protect workers from the risks of transporting people or goods? Measures and procedures will depend on the specific workplace. Continued on Page 61 MODULE 1 MODULE 1

61 WORKPLACE VIOLENCE COMPLIANCE KIT 61 TOOL 11: Assessment for Specific Risk: Transporting People and/or Goods (TG), Cont'd Continued from page 60 Physical Environment YES NO N/A Examples of Existing Recommended (identify person(s) responsible and expected completion dates, if possible) TG14. Have workers received training in robbery prevention and response? Consider establishing a robbery prevention and response program. Training could include: techniques for preventing robberies safe responses to robbery no negative consequences to workers TG15. Are workers trained to recognize and deal with potentially violent clients, situations, or highrisk locations? Training could include: how workers will be informed about potentially violent people, situations or locations characteristics of aggressive or violent people signs of behaviour escalation recognition of potentially violent situations, including situations of sexual violence recommended actions and reactions, including when to leave or how to escape appropriate responses to incidents, including defusing hostile or aggressive behaviours See the Canadian Urban Transit Association s Ambassador Training Program for Difficult and Dangerous Situations on Buses and Streetcars ( educationandtraining/transit_ ambassador.asp ). TG16. In addition to the above, are workers and supervisors provided with information, instruction, and/ or training to protect them from the risks of transporting people and/or goods? Information, instruction, or training could include: risks of workplace violence arising from transporting people and/ or goods relevant measures and procedures TOOL 12: WEBINAR CD - Attached MODULE 1 MODULE 1

62 62 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 13: WORKER VIOLENCE & HARASSMENT SURVEY Workplace violence and harassment are serious concerns to [insert company s name] (the Company). Management is determined to take all necessary measures to ensure that none of you ever fall victim to it. This survey is part of our prevention efforts. It s meant to help us detect potential problems in your facility and at alternate worksites. Please fill out this form and return it to the Company s safety coordinator, [insert name of safety coordinator] by [insert deadline]. Don t be afraid to tell the truth. Nobody is going to punish you or think any less of you because you tell us about potential problems. You don t even have to include your name. Instructions: When filling out this survey, keep in mind that when we say workplace violence, we mean more than just physical acts. Violence can include a range of behaviours including threats, verbal abuse, harassment, bullying, teasing and intimidation. It also involves acts of people in the Company, including co-workers, supervisors and management, as well as outside the Company, including contractors and customers. NAME (optional*): *You may complete this survey anonymously, if you like. 1. Do you ever work alone? F Yes F No If yes, do you notify someone when you finish work? F Yes F No 2. Have you read the Company s workplace violence and harassment policy? F Yes F No Do you feel comfortable that you would know how to handle a violent customer or co-worker? F Yes F No If confronted by a violent individual, would you: a. Request the help of a co-worker? F Yes F No If yes, when? If no, why not? b. Call the police? F Yes F No If yes, when. If no, why not? Have you ever been assaulted at work by: a. An outsider? F Yes F No b. A customer? F Yes F No c. A co-worker? F Yes F No d. Other Company employee? F Yes F No To your knowledge, have incidents of violence ever occurred at the Company s workplace, either between co-workers or with customers? F Yes, between co-workers F Yes, between customers F No 10. Where in the building or worksite do you think a violent incident would most likely occur? F lounge F exits F deliveries F bathroom F private offices F parking lot F entrance F other (please specify): 5. Are you concerned about: a. How to respond to a verbal threat from an individual at work? F Yes F No b. How to respond to a threat of violence from an individual at work? F Yes F No c. How to respond to harassment at work? F Yes F No d. Working alone or with a particular co-worker or customer? F Yes F No If you answered yes to any of the above questions, please explain: 11. Have you ever noticed a situation that you thought could or would lead to violence? F Yes F No If yes, please explain: 12. Do you think the risk of violence is greatest: F During shift work? F On the road? F In other situations? (please explain): 13. Have you ever missed work because of fear of violence at the workplace? F Yes F No If yes, please explain: 6. Do you know how to operate the Company s alarm systems? F Yes F No 7. Do you feel that the Company s security measures are appropriate: a. Inside the building? F Yes F No b. Outside the building (including the parking lot?) F Yes F No If no, please list ways in which they could be improved: 14. Has anything happened recently at your worksite that you believe could have led to violence? F Yes F No If yes, please explain: 15. Please describe any instances when you have been uncomfortable at work or in fear for your safety as the result of a possible workplace violence situation. MODULE 1 MODULE 1

63 WORKPLACE VIOLENCE COMPLIANCE KIT 63 TOOL 14: SUPERVISOR VIOLENCE SURVEY Instructions: : When filling out this survey, keep in mind that when we say workplace violence, we mean more than just physical acts. Violence can include a range of behaviours including threats, verbal abuse, harassment, bullying, teasing and intimidation. It also involves acts of people in the Company, including co-workers, supervisors and management, as well as outside the Company, including contractors and customers. Part 1: Work Department/Area Please describe your department/area and the types of activities/functions performed by workers in the department. Part 4: Factors that Increase the Risk of Violence 10. Do any of your workers work alone that is, out of sight and out of hearing of other workers after normal working hours? F Yes F No If yes, please describe: Part 2: History 1. Have there been incidents when workers in your department have experienced or been threatened with physical violence? F Yes F No If yes, please describe incidents: 2. Have there been incidents when workers in your department have experienced harassment or verbal abuse, i.e. been shouted at or subjected to obscene language, threats or obscene phone calls? F Yes F No If yes, please describe incidents: 11. Do any of your workers work alone during normal working hours? F Yes F No If yes, please describe: 12. Please describe any precautions already taken to safeguard workers in your department who work alone. 13. Please describe other factors that you feel might increase the risk of violence. Part 3: Activities that Might Expose Workers to Risk of Violence 3. Do workers in your department handle money or other valuables? F Yes F No 4. Do workers in your department deliver or collect items of value? F Yes F No If yes, please describe: Part 5: Reducing the Risk of Violence 14. Please describe policies or procedures already in place to reduce the risk of violence in your department. 5. Do workers in your department deal with people who may be under the influence of drugs or alcohol? F Yes F No 6. Do workers in your department deal with people who are deeply troubled or distressed? F Yes F No 7. Do workers in your department monitor or regulate the activity of others or carry out procedures or make decisions that adversely affect others? F Yes F No If yes, please describe: 15. In light of your responses to the questions in this assessment: a. Do you believe that all reasonable steps have been taken to prevent or reduce the risk of violence? F Yes F No b. What further steps would you recommend? c. What assistance do you need to accomplish any of the above steps? Specify: 8. Are workers in your department involved with activities that may elicit a negative or confrontational response? F Yes F No If yes, please describe: 9. Are there other aspects of the work in your department that might spark a violent response? F Yes F No If yes, please describe: Name: Department: Date: Thank you for your cooperation and input! MODULE 1 MODULE 1

64 64 WORKPLACE VIOLENCE COMPLIANCE KIT MODULE 2: WORKPLACE VIOLENCE & HARASSMENT POLICIES MODULE 2 MODULE 2

65 WORKPLACE VIOLENCE COMPLIANCE KIT 65 VIOLENCE & HARASSMENT POLICIES BEFORE YOU BEGIN The next step in preventing violence and harassment is to adopt written policies addressing the risks you identify in your violence hazard assessment. Once more, the obligation to create written policies is either spelled out or implied in the OHS laws (or the Labour Standards laws in Quebec ). (See Appendix A below for what your province requires.) As with hazard assessment, policy development should be a team effort that engages all levels of the organization from management to the workers on the front lines. In several jurisdictions, the law requires employers to consult the Joint Health and Safety Committee or Health and Safety Representative in the policy development process. This is recommended where it s not required. Violence and Harassment/Violence or Harassment? One tricky thing about drafting violence and harassment policies is understanding the connection between the 2. Do you need a violence policy, a harassment policy or both? Technically, in most jurisdictions, the requirement is to have a workplace violence but not a harassment policy. At least the law doesn t specifically say anything about harassment. Two provinces, Ontario (Bill 168) and Manitoba, require both harassment and violence policies. Quebec says employers must prevent psychological harassment and doesn t mention violence. So if you were doing just what the OHS law requires here s what you d do: hh If you re from Quebec: Adopt a psychological harass- ment policy. hh If you re from Ontario or Manitoba: Adopt a harassment and violence policy. hh If you re from anywhere else: Adopt a violence policy. Of course, there s more to life than following the OHS laws. First of all, keep in mind that the definition of violence in some jurisdictions includes harassment. Moreover, banning harassment is required to comply with other laws, including human rights codes that ban sexual and other forms of discrimination. The bottom line: All employers need a written policy covering both harassment and violence. And that raises another question: Can you adopt one policy covering both? The answer is yes. A combined policy is perfectly acceptable. However, we ve chosen to include in the Kit two separate policies. Although the policies overlap quite a bit, there are a few subtle differences between the harassment and violence policy. We thought that combining the two policies would blur these distinctions and that doing a separate policy for each would make it easier for you to understand what s required. So that s what we ve done. How to Use the Model Policies Tool 15 of this Kit is a Model Violence Policy. Tool 16 is a Model Harassment Policy. Both Tools are based on legal requirements, best practices and cutting edge practices by companies in Canada and the U.S. You should never, ever adopt any off the shelf policy word for word. But model policies like Tools 15 and 16 are great to get you started if you don t have a policy or to use as a benchmark to judge the soundness of your own policy if you do have one. And that s where Tools 15 and 16 come in handy. The Tool shows you the elements a good workplace violence and harassment policy should contain. This doesn t mean that you shouldn t add other provisions to meet your own needs. Of course, you should. Nor does it mean that you must address the issue we raise exactly the way Tools 15 and 16 do. The idea is to show you what must be addressed and suggest a method of doing so. Your own solutions must reflect the operational realities of your own workplace. For example, the disciplinary provisions in Tool 15 might have to be modified to conform with the terms of any collective agreements covering your workers. The important thing is that you address the issue of discipline, not that you do it our way. When you re done drafting your workplace violence and harassment policies, be sure to have them signed by at least one member of management. Then post the policies in the workplace in a conspicuous place where workers will see them. HOW TO DRAFT A WORKPLACE VIOLENCE POLICY STEP 1: DRAFT A COMMITMENT STATEMENT The OHS laws require a statement of policy expressing management s recognition that workplace violence is harmful and that workers are entitled to work in a workplace that s kept safe from violence. The statement should also express management s commitment to do everything it reasonably can to protect its workers from violence at work (Tool 15, Sec. A). MODULE 2 MODULE 2

66 66 WORKPLACE VIOLENCE COMPLIANCE KIT VIOLENCE & HARASSMENT POLICIES, Cont'd STEP 2: DEFINE WHAT YOU MEAN BY VIOLENCE You need to tell your people what you mean by violence. Clearly describe all the behaviours you consider unacceptable including the use or threat of physical force as well as bullying, harassment, intimidation, affronts to dignity, the creation of a poisonous work environment and other similar conduct. Tool 15 also includes a list of examples illustrating the behaviours that cross over the line (Tool 15, Sec. B). STEP 3: EXTEND POLICY TO OFF-SITE VIOLENCE Although it s often the result of provocation or tensions at work, workplace violence may also take place outside the 4 corners of the workplace. So don t limit your policy to violence in the workplace (Tool 15, Sec. C). STEP 4: EXTEND POLICY TO ALL POTENTIAL SOURCES OF VIOLENCE Violence can be the work of co-workers, supervisors, customers, domestic partners and, of course, strangers. Make sure your policy covers them all (Tool 15, Sec. D). STEP 5: DESCRIBE YOUR VIOLENCE PREVENTION PROGRAM As we ll see in Module 3, employers must implement a program of measures to prevent and respond to acts of violence in the workplace. Refer to these measures in your policy (Tool 15, Sec. E). STEP 6: OUTLINE RESPONSIBILITIES OF DIFFERENT GROUPS Every person has to play a role in violence prevention. It s important for your policy to describe the role of each, including: hh Supervisors (Tool 15, Sec. F); hh Workers (Tool 15, Sec. G); and hh Management (Tool 15, Sec. H). STEP 7: REASSURE WORKERS OF RIGHT TO REPORT INCIDENTS Although reporting incidents of violence or threats of violence is one of the duties of workers listed in Sec. G, we recommend that you create a separate section reassuring workers that they can report incidents without fear of reprisal. It goes without saying that punishing a worker for reporting a violent incident is illegal not to mention grotesque. You might want to consider adding language allowing workers to report anonymously and stating that the company will protect their identity. (Such language is actually mandatory in Manitoba) (Tool 15, Sec. I). STEP 8: SAY THAT VIOLENCE IS SUBJECT TO DISCIPLINE Spell out consequences for violations. Reserve a range of disciplinary options for violations of the policy, up to and including termination. (Tool 15, Sec. J). A Word of Caution about Zero Tolerance When people talk about workplace violence policies, the phrase zero tolerance almost always comes up. Zero tolerance puts workplace violence outside the company s normal progressive discipline system. In other words, under zero tolerance, workers who engage in workplace violence get fired immediately even for first offences. This signals that the company considers workplace violence more serious than other kinds of offences. Zero tolerance has a lot of appeal because it s a claim to the moral high ground and makes a company feel like it s taking a real stand. But making strong statements that workplace violence and harassment is reprehensible and won t be tolerated isn t enough to meet your obligations under the laws. Written policies must go beyond mere statements of principles and delve into practical details, as we ll discuss below. Moreover, while it might be appealing as a principle, zero tolerance isn t necessarily the most effective way to combat workplace violence and harassment. Zero tolerance works best in the most serious cases of workplace violence involving physical assault. After all, it s hard to defend giving workers who attack other workers a second chance. The problem is that workplace violence often takes more subtle forms including threats and even verbal abuse. The severe penalties provided by zero tolerance may be too harsh for these kinds of offences, especially if the conduct isn t clearly violent or harassing and the offender doesn t have a track record of engaging in such behaviour. In addition, there may be mitigating circumstances or reasons that if they don t justify at least explain a worker s violent behaviour. For example, maybe the worker was acting in selfdefence or just engaging in horseplay. A company should be free to consider all of these things before it decides what to do and not be boxed in by a zero tolerance policy. That s why Section J of Tool 15 doesn t provide for automatic termination but instead gives you the flexibility to impose any penalty, including immediate termination, appropriate under the circumstances. MODULE 2 MODULE 2

67 WORKPLACE VIOLENCE COMPLIANCE KIT 67 VIOLENCE & HARASSMENT POLICIES, Cont'd HOW TO DRAFT A WORKPLACE HARASSMENT POLICY STEP 1: DRAFT A COMMITMENT STATEMENT First, include a statement of management s commitment to ensure that all workers can work in an environment of professionalism, dignity and respect and that harassment will not be tolerated (Tool 16, Sec. A). STEP 2: DEFINE WHAT YOU MEAN BY HARASSMENT You need to tell your people what you mean by harassment. Clearly describe all the behaviours you consider unacceptable including affronts to dignity, the creation of a poisonous work environment and other similar conduct. Tool 16 also includes a list of examples illustrating the behaviours that cross over the line. You need to realize that people in positions of authority might end up saying or doing things in the course of their duties that hurt the feelings of their subordinates, such as yelling at a worker who s goofing off to get back to work. Unfortunately, employees on the receiving end are apt to experience these actions as harassment. To prevent problems down the road, spell out that harassment does not include criticism, negative remarks or other legitimate exercises of management authority (Tool 16, Secs. B and E). STEP 3: EXTEND POLICY TO OFF-SITE HARASSMENT Workplace harassment may also take place outside the 4 corners of the workplace. So don t limit your policy to harassment in the workplace (Tool 16, Sec. C). STEP 4: EXTEND POLICY TO ALL POTENTIAL SOURCES OF HARASSMENT Harassment can be authored by co-workers, supervisors, customers, domestic partners and, of course, strangers. Make sure your policy covers them all (Tool 16, Sec. D). STEP 5: OUTLINE RESPONSIBILITIES OF DIFFERENT GROUPS Every person has to play a role in violence prevention. It s important for your policy to describe the role of each, including: hh Supervisors (Tool 16, Sec. F); hh Workers (Tool 16, Sec. G); and hh Management (Tool 16, Sec. H). STEP 6: REASSURE WORKERS OF RIGHT TO REPORT INCIDENTS Although reporting incidents of harassment is one of the duties of workers listed in Sec. G, we recommend that you create a separate section reassuring workers that they can report incidents without fear of reprisal and anonymously (Tool 16, Sec. I). STEP 7: REMIND WORKERS OF RIGHT TO FILE DISCRIMINATION CLAIMS Harassment may constitute a form of discrimination on the basis of race, ethnicity, national origin, religion, age, gender, family status, disability, sexual orientation, political belief, criminal background or other grounds protected by the human rights laws of your province. You want to make it clear that workers who feel they ve been the victim of such discrimination have the right to file a complaint with the province s human rights commission so nobody can accuse you of using your harassment policy to chill workers from exercising their rights under discrimination laws (Tool 16, Sec. J). STEP 8: SAY THAT HARASSMENT IS SUBJECT TO DISCIPLINE Spell out consequences for violations. Reserve a range of disciplinary options for violations of the policy, up to and including termination. (Tool 16, Sec. K). MODULE 2

68 68 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX A: KNOW THE LAWS OF YOUR PROVINCE WORKPLACE VIOLENCE POLICY REQUIREMENTS Here s what the OHS Laws in your jurisdiction say about workplace violence and harassment policies: FEDERAL: Employer must develop and conspicuously post a workplace violence prevention policy stating employer s obligation to: a. provide a healthy, safe and violence-free workplace; b. dedicate resources to combat violence; c. communicate to employees about violence; and d. help employees exposed to violence [Canada OHS Regs., Sec. 20.3]. ALBERTA: Employer must develop violence policy [OHS Code 2009, Sec. 390]. BRITISH COLUMBIA: Employers must establish policies to eliminate or if elimination isn t possible, minimize risks of violence present [OHS Reg., Sec. 4.29]. MANITOBA: Employers must, in consultation with JHSC or Health & Safety Representative, develop and conspicuously post a harassment and violence prevention policy. Each policy must state: a. Employee s entitlement to harassment- and violence-free workplace; b. Employer will take corrective actions; c. Employer won t disclose name of anybody who complains about harassment or violence except: i. If necessary to investigate the complaint; ii. If needed for corrective action; or iii. If required by law; d. Employee s right to file harassment complaints with Manitoba Human Rights Commission; e. How to file complaints and how they ll be investigated; and f. How risks of harassment and violence can be eliminated or minimized [Workplace Safety & Health Reg., Secs and 11.1(2)-(3)]. NEW BRUNSWICK: Doesn t address workplace violence in its OHS laws. NEWFOUNDLAND/LABRADOR: Employer must adopt policies to eliminate or minimize risk of workplace violence [OHS Regs., Sec. 23]. NORTHWEST TERRITORIES/NUNAVUT: Don t address workplace violence in its OHS laws. NOVA SCOTIA: Employer must, in consultation with JHSC or health and safety representative, create and conspicuously post a workplace violence prevention statement that states: a. employer s recognition that violence is an occupational health and safety hazard at the workplace; b. employer s recognition of physical and emotional harm resulting from violence; c. employer s recognition that any form of violence in the workplace is unacceptable; and employer s commitment to minimize and, to the extent possible, eliminate the risk of violence in the workplace [Violence in the Workplace Regs., Sec. 9]. ONTARIO: 1) Employers must develop and conspicuously post written policies on harassment and violence in the workplace [OHS Act, Sec ]. PRINCE EDWARD ISLAND: 1) If hazard assessment identifies risk of violence employers must adopt written policies that either eliminate or minimize the risks [OHS Reg., Sec. 52.3]. QUÉBEC: Requires employers to prevent psychological harassment but doesn t specify methods [Act, regarding labour standards, Sec ]. SASKATCHEWAN: Employers must develop written violence policies that include, among other things: a) the identification of the worksite or worksites where violent situations have occurred or may reasonably be expected to occur; and b) the identification of any staff positions at the place of employment that have been, or may reasonably be expected to be, exposed to violent situations [OHS Regs., Sec. 37(3)(b) and (c)]. In addition, identifying potential and actual health and safety hazards is also an element that a mandatory OHS program must include [Sec. 22(1)(b)]. YUKON: Doesn t address workplace violence in its OHS laws. MODULE 2

69 WORKPLACE VIOLENCE COMPLIANCE KIT 69 TOOL 15: WORKPLACE VIOLENCE POLICY A. Company Commitment: The management of ABC Company recognizes that violence is an occupational hazard and that it can result in physical and psychological damage to workers who are its victims. ABC Company management is committed to preventing workplace violence and is ultimately responsible for worker health and safety. We will take whatever steps are reasonable to protect our workers from workplace violence from all sources. B. Definition: For purposes of this policy, workplace violence is actual, threatened or attempted conduct intended or likely to cause injury to, harass, threaten, intimidate, bully or otherwise harm another person. Examples include but aren t limited to: hh Actual assaults; hh Pushing, shoving, elbowing, jostling and other acts of physical intimidation; hh Verbal threats; hh Written threats, e.g., in notes or s; hh Shaking a fist, brandishing a weapon or making other threatening gestures; hh Throwing something at the worker; and hh Kicking an object near the worker or something the worker is standing on like a ladder. C. Where Workplace Violence May Occur: For purposes of this policy, workplace violence includes not just ABC Company premises, vehicles and other property but offsite locations, including, but not limited to, off-site meetings or conferences, client locations, social situations related to work or workers homes if there are real or implied consequences related to the workplace. D. Sources of Workplace Violence: Violent behaviour in the workplace is unacceptable from anyone. That includes those who work for ABC Company such as workers, supervisors and members of management, as well as others including customers, clients, visitors and strangers. Everyone at ABC Company is expected to work together to prevent workplace violence. E. Workplace Violence Program: ABC Company has a workplace violence program that implements this policy. It includes measures and procedures to protect workers from workplace violence, a means of summoning immediate assistance and a process for workers to report incidents, or raise concerns. These measures are designed to ensure that this policy and the supporting program are implemented and maintained and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace. F. Duty of Supervisors: Supervisors will adhere to this policy and the supporting program. Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information they need to protect themselves. G. Duty of Workers: Every worker must work in compliance with this policy and the supporting program. All workers are encouraged to raise any concerns about workplace violence and to report any violent incidents or threats to their supervisors or another company offical. Be assured that you will not be subject to any reprisals for reporting incidents or threats of violence. H. Duty of Management: Management pledges to investigate and deal with all incidents and complaints of workplace violence in a fair and timely manner, respecting the privacy of all concerned as much as possible. I. Notification of Incidents: Workers who notify management of acts, threats or other incidents of violence who wish to remain anonymous may do so and ABC Company will not reveal their identities except to the extent necessary to investigate the complaint or correct the problem or as required by law. No worker shall be subject to reprisals of any kind for reporting incidents of violence. J. Discipline: Acts of workplace violence will not be tolerated and will be responded to with appropriate disciplinary action, up to and including termination, based on a thorough investigation of the incident and the surrounding circumstances. Such disciplinary action may include immediate termination for acts of physical assault, even if the person committing the act has committed no prior offences or engaged in previous acts of violence. Signed: Date: President/CEO The workplace violence policy should be consulted whenever there are concerns about violence in the workplace. MODULE 2

70 70 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 16: WORKPLACE HARASSMENT POLICY A. Company Commitment: ABC Company management is fully committed to making sure that all workers are able to work in a work environment where all individuals are treated with professionalism, respect and dignity. Accordingly, ABC Company will not tolerate harassment of any form in the workplace. B. Definition: : For purposes of this policy, workplace harassment means engaging in a course of vexatious and unwelcome conduct against a worker that is known or should be recognized as unwelcome, including: hh Harsh and excessive criticism of a personal and non-con- structive nature; hh Spreading rumours designed to harm a person s reputa- tion or put the person in a negative light; hh Spying or stalking; hh Ridiculing a person on the basis of physical appearance, beliefs or personal characteristics; hh Name calling and teasing; hh Pushing, shoving, elbowing, jostling and other acts of physical intimidation; hh Unwelcome practical jokes; and hh Slurs, offensive remarks or other ill treatment that would constitute discrimination on the basis of race, ethnicity, national origin, religion, age, gender, family status, disability, sexual orientation, political belief, criminal record or other grounds protected by the [province name] human rights laws. Harassment does not include criticism, negative remarks or other legitimate exercises of management authority. C. Where Workplace Harassment May Occur: For purposes of this policy, workplace harassment includes not just ABC Company premises, vehicles and other property but off-site locations, including, but not limited to, off-site meetings or conferences, client locations, social situations related to work or workers homes if there are real or implied consequences related to the workplace. D. Sources of Workplace Harassment: Harassment in the workplace is unacceptable from anyone. That includes those who work for ABC Company such as workers, supervisors and members of management, as well as others including customers, clients, visitors and strangers. Everyone at ABC Company is expected to work together to prevent workplace harassment. E. What Does NOT Constitute Harassment: Harassment may be committed by managers or individuals in authority against a subordinate. However, for conduct to be harassment, it must be not only harsh and unwelcome but inappropriate. Professional criticism and other actions by a superior that hurt a subordinate s feelings are not harassment when they represent a legitimate exercise of management authority. F. Duty of Supervisors: Supervisors will adhere to this policy. Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information they need to protect themselves. G. Duty of Workers: Every worker must work in compliance with this policy. All workers are encouraged to raise any concerns about workplace harassment and to report any incidents to their supervisors or another company official. Be assured that you will not be subject to any reprisals for reporting incidents or threats of violence. H. Duty of Management: Management pledges to investigate and deal with all incidents and complaints of workplace harassment in a fair and timely manner, respecting the privacy of all concerned as much as possible. I. Notification of Incidents: Workers who notify management of acts, threats or other incidents of harassment who wish to remain anonymous may do so and ABC Company will not reveal their identities except to the extent necessary to investigate the complaint or correct the problem or as required by law. No worker shall be subject to reprisals of any kind for reporting incidents of harassment. J. Worker s Right to Report Discrimination: Nothing about this policy is designed to discourage workers or other personnel who feel that they have been the victim of discrimination on the basis of race, ethnicity, national origin, religion, age, gender, family status, disability, sexual orientation, political belief, criminal record or other grounds protected by the [province name] human rights laws from filing a discrimination complaint with the [province name] human rights tribunal. K. Discipline: Acts of harassment will not be tolerated and will be responded to with appropriate disciplinary action, up to and including termination, based on a thorough investigation of the incident and the surrounding circumstances. Such disciplinary action may include immediate termination, even if the person committing the act has committed no prior offences or engaged in previous acts of harassment. Signed: Date: President/CEO The workplace harassment policy should be consulted whenever there are concerns about harassment in the workplace. MODULE 2

71 WORKPLACE VIOLENCE COMPLIANCE KIT 71 MODULE 3: WORKPLACE VIOLENCE PROGRAM MODULE 3

72 72 WORKPLACE VIOLENCE COMPLIANCE KIT WORKPLACE VIOLENCE PROGRAM BEFORE YOU BEGIN Now we come to the heart of the workplace violence prevention effort. The workplace violence policy statement is a piece of paper albeit an important one. Its purpose is to express your commitment to prevent violence and explain how. If the policy is talking the talk, the workplace violence program is where you get to walk the walk. There s no standard definition of a workplace violence program. Only a few of the jurisdictions even use the term program. What s important is not the terminology, it s the fact that there are just certain measures you re required to take to prevent and respond to workplace violence and harassment. The essential steps of the workplace violence program, whether it s referred to as a program or not, are: hh Implementing safe work procedures; hh Creating a mechanism for workers and others to report threats and incidents of violence and harassment; hh Threat assessment and response; hh Investigating incidents; hh Disciplining workers who violate your policies; hh Being prepared to deal with work refusals; and hh Educating and training workers to follow the program. Module 3 of this Kit will take you through each one of these activities. Exception: Education and training will be dealt with separately in the next Module. HOW TO ESTABLISH & IMPLEMENT A WORKPLACE VIOLENCE PROGRAM You Don t Have to Do It All from Scratch Many of the elements of the workplace violence program are things you already or should already have in place. It s perfectly okay to rely on these existing mechanisms. For example, emergency response is one of the things a workplace violence prevention program must include. But employers are already required to have emergency response plans and procedures in place. Rather than reinventing the wheel and coming up with a whole new system for dealing with workplace violence, you can simply incorporate your existing emergency response procedures into your workplace violence program. STEP 1: CREATE SAFE WORK PROCEDURES As with physical and mechanical hazards like electricity and dangerous tools, the preferred way to protect a worker from workplace violence is to find a way for him to do the job without being exposed to the risk. Thus, for example, substituting non-toxic chemicals is a good way to guard against the dangers posed by toxics. Where the hazard can t be removed from the equation, employers must find ways for the worker to do the job safely. The principal way to do this is to create written safe work procedures that lay out the hazards of the task and how it is to be done safely. The potential for violence is one of the hazards that must be factored into a safe work practice. Instructions: The Kit includes 2 Model Safe Work Procedures: h h Tool 17 is a Safe Work Practice for working alone; and hh Tool 18 is a Safe Work Practice for retail workers geared toward preventing robbery. Caveat: Do not adopt these Tools the way they re written. The Models are merely designed to show you what a safe work practice dealing with violence should look like. Safe Work Procedures must be very specific and account for the particular job and conditions in which it s done. STEP 2: CREATE PROCEDURES FOR WORKERS TO REPORT THREATS/ACTS OF VIOLENCE The second key element of a workplace prevention program is a mechanism to receive and respond effectively to threats and acts of violence. Of course, any worker faced with immediate danger should call 911 or the police. But you also want to put in place procedures for responding internally. Instructions: Tools 19 to 23 are examples of the kinds of things you need to create to establish a reporting, assessment and response system. Remember that these Tools need to be adapted to meet the circumstances of your own workplace, including any emergency response procedures currently used. Tool 19 is a Model Policy explaining the procedures and methods for employees to use to report threats and incidents of workplace violence. Tools 20 to 23 are the actual forms for workers to complete to report workplace violence. You might want to attach blank versions of each form as Appendices to your Model Reporting Policy so that workers can see the forms they re supposed to use when referring to the Policy. MODULE 3

73 WORKPLACE VIOLENCE COMPLIANCE KIT 73 WORKPLACE VIOLENCE PROGRAMS, Cont'd Tools 20 and 21 are workplace violence threat and incident report forms. Tool 20 is a lengthy form and Tool 21 is a shorter version. Although Tool 20 is more comprehensive, the shorter form is simpler. The important thing is that both versions capture the information you need to assess, investigate and respond to the threat or incident. Tool 22 is a form that workers can use to report abuse by a supervisor. You can, of course, have the worker fill out one of the generic incident reports Tools 20 and 21. But because reporting takes on a trickier dimension when the threat emanates from a supervisor, designing a special report form like Tool 22 is a good idea. Tool 23 is another specialized reporting form for threats of domestic violence. STEP 3: CREATE PROCEDURES TO ASSESS & RESPOND TO THREATS The next phase of workplace violence prevention is to have a plan for assessing and responding to reports of violence that your people submit. Instructions: Again, you can rely on the policies and procedures you currently use to respond to all emergencies. Emergency Response Plans are like fingerprints each one is unique to the workplace, its location, the threats, etc. So instead of trying to provide a completed Plan, Tool 24 is a generic outline of an Emergency Response Plan that can be used to deal with violence. You ll need to fill in the blanks to make it work for you. However, while you don t need to create a whole new emergency response system just to deal with violence, there is one aspect of violence that needs to be addressed in your general emergency response plan, if it s not already. One method that has proven effective in dealing with violence is the discipline of threat assessment. Typically, organizations create a threat assessment group or team whose role is to evaluate the seriousness of threats as they arise and the response they warrant. Is the threat serious? Is it urgent and requiring of immediate response or can it be addressed over time? These are typical of the kinds of questions that the threat assessment group deals with. The Kit includes 4 Tools to help you establish a threat assessment discipline: hh Tool 25 is a Model Threat Assessment Team creation/ role description. hh Tool 26 includes Model Guidelines for Threat Assessment. hh Tool 27 is a Checklist of measures to be taken in response to threats and actual acts of violence. h h Tool 28 is a Questionnaire for workers to fill out to evaluate the assessment team s performance. Gathering this feedback can make the team more effective. STEP 4: INVESTIGATE INCIDENTS OF VIOLENCE Investigating incidents is a big part of emergency response and the workplace violence prevention program. As with any other incident, when violence erupts, you need to understand exactly what happened and why. The primary purpose of incident investigation is to determine the weaknesses in your safety program and the measures necessary to correct them. When acts of violence are authored by your workers, figuring out what happened is essential to figure out what, if any, discipline is appropriate. Finally, incident investigations enable you to determine whether the incident must be reported to government OHS and/or workers compensation authorities. Bonus Material: See Appendix A for a look at the 9 things companies commonly do wrong when investigating violence and other workplace safety incidents and what you can do to avoid making the same mistakes yourself. Instructions: The Kit includes 3 Tools essential to proper incident investigation. Since incident reporting is fundamental to the OHS program, most of you already use some version of these tools. But you can still use these Tools as benchmarks to determine whether your own version is sufficient. And, of course, you can adapt the Tools for your own workplace if you come from an office setting or other workplace that may not have an OHS program and incident investigation and reporting system in place. Tool 29 is a Model Incident Investigation & Reporting Policy. Because incident investigation and reporting rules differ from province to province, Tool 29 is actually a set of 11 different policies one for each province and the federal jurisdiction. Tool 30 is a Model Witness Statement form that you have witnesses fill out. Tool 31 is an Incident Investigation Report form summarizing the results of the investigation. MODULE 3

74 74 WORKPLACE VIOLENCE COMPLIANCE KIT WORKPLACE VIOLENCE PROGRAMS, Cont'd STEP 5: DISCIPLINE WORKERS FOR VIOLENCE The next step in the workplace violence prevention program is the one that most people find the hardest: discipline. Distasteful as it may be, discipline is absolutely essential to workplace violence prevention. Failure to back up your policies with appropriate discipline will undermine their effectiveness. And, if a violent act does occur, the failure to discipline previous offenders will all but surely destroy any hopes you might have of mounting a due diligence defence. Aside from the personal issues involved, one of the biggest challenges of discipline is knowing that your actions will almost surely be challenged by the union or, if the worker isn t part of a union, a personal trial lawyer. The good news, though, is that arbitrators, courts, labour boards and other tribunals that hear these cases recognize that acts of violence are more serious than just about any other kind of offence a worker can commit. Consequently, they give employers more than usual leeway to discipline workers who engage in acts of violence. In other words, discipline is more likely to stick if the offence is violence. But making disciplinary action for violence stand up in court is by no means automatic. You must have thorough documentation showing what the worker did and how you responded and why you felt that the discipline you imposed was appropriate. This part of the Kit contains some of the Tools you need to discipline workers for acts of violence. Bonus Material: See Appendix B for guidance on one of the most difficult parts of disciplining workers for violations of your workplace violence policy: trying to determine if the threats made by a worker are serious, hyperbole or something in-between. Instructions: Tool 32 is a Model Progressive Discipline Policy that provides for the gradual escalation of penalties for repeated offences up to termination. Progressive discipline is designed to confront the worker, explain what he did wrong and give him a chance to clean up his act. Progressive discipline is appropriate when the violations workers commit are ones that don t inflict irreparable damage or permanently undermine the employer s trust in the worker s judgment and ability to do the job. But some offences are so harmful that they warrant discipline that is severe and immediate. Acts of harassment and violence are among the kinds of offences where progressive discipline is too weak a response. For example, it would be absurd to let a worker who fires a gun at work off with just a warning because it s a first offence. So Section 6 of our Model Policy gives you discretion to treat such acts of violence and harassment as grounds for immediate discipline outside the realm of progressive discipline. One more caveat about discipline: If your workers are unionized, you ll need to negotiate the terms of progressive discipline as part of the collective agreement. STEP 6: PREPARE FOR WORK REFUSALS The flipside of disciplining workers for engaging in violence is refraining from disciplining workers who refuse to work out of fears of workplace violence. Under OHS laws, all workers have the right to refuse work without discipline if they have reason to believe the work is dangerous. One of the unique features of Bill 168 in Ontario is that it specifically extends workers right to refuse dangerous work to cover fears of violence. Outside Ontario, refusal rights don t specifically mention workplace violence. However, the right of refusal applies to any reasonable danger, potentially including violence. Accordingly, being prepared to handle work refusals is something that all employers need to incorporate into their workplace violence prevention programs. The first thing you need to understand is that refusing dangerous work is not an absolute right. Thus, for example, police officers, firefighters, prison guards and other workers entrusted with protecting the public can t refuse work over fears of violence if: hh The danger of violence is a normal part of their job; or hh The refusal would endanger somebody else. Instructions: You should already have a system for responding to work refusals. All you really need to do is understand that violence could be grounds for a refusal and treat violence refusals the way you would refusals for concerns about other hazards, e.g., chemicals or falls. The Kit includes 2 Tools: Tool 33 is a Model Work Refusal Policy that would work for violence and other hazards. Tool 34 is a Model Work Refusal Report to file when a worker engages in a work refusal. Bonus Material: See Appendix C below for a look at the 9 things companies commonly do wrong when investigating work refusals involving fears of violence and what you can do to avoid making the same mistakes yourself. MODULE 3

75 WORKPLACE VIOLENCE COMPLIANCE KIT 75 APPENDIX A: WORKPLACE VIOLENCE INCIDENT INVESTIGATIONS: 9 Common Pitfalls to Avoid AT A GLANCE: Workplace Violence Investigation Dos & Don ts DO select an impartial and objective investigative team DO let the accused answer allegations DO give the accused the detailed information they need to answer those allegations DO interview all relevant witnesses, including those the accused asks you to interview DON T unnecessarily delay the investigation DON T put a speedy investigation ahead of a fair one DON T interview witnesses in the presence of other witnesses DON T deviate from company investigation policy and procedures without justification DO interview witnesses thoroughly DO gather all relevant information DO thoroughly document each step of the investigation Trap #1: Waiting Too Long to Investigate Investigations must be conducted promptly. First, OHS law may specifically require workplace violence complaints to be investigated promptly. For example, Sec. 13(1) of Nova Scotia s Violence in the Workplace Regulations says that an employer must ensure that incidents of violence in a workplace are documented and promptly investigated to determine their causes and the actions needed to prevent reoccurrence. In addition, as with any investigation, the sooner you begin, the better evidence you re likely to gather. Over time, memories fade, witnesses leave the company and physical evidence disappears. Thus, prompt investigations are more likely to lead to appropriate results and less likely to lead to liability. Example: A court praised an employer who began an investigation within a day of receiving the first allegation of sexual harassment from a summer worker who claimed a supervisor had made unwanted sexual comments [Bannister v. General Motors of Canada Ltd]. In contrast, delaying an investigation unnecessarily undermines the investigation s effectiveness and may also harm the accused, put a strain on the employment relationship and create a difficult working environment for everyone involved. Example #1: An Ontario court ruled that an employer s investigation of sexual harassment was unfair in large part because of an excessive and unreasonable delay the complaint was made in October and not investigated until the following April [DaSilva v. Ontario]. Keep in mind that although speed is important, it isn t the paramount concern. Fairness is. Rushing an investigation is just as bad as dragging your feet. Example: A court concluded that it was unfair for an employer not to give the accused enough time to respond to allegations in a rush to complete the investigation before the Christmas holiday [Emergis Inc. v. Doyle]. Trap #2: Relying on a Biased or Incompetent Investigator The person carrying out the investigation must be completely impartial and not related to or in any other special relationship with either the accuser or accused. For example, supervisors shouldn t investigate subordinates and vice versa. Individuals also shouldn t investigate if they have a history of conflict with the accused or the accuser. Nor should the investigators have a personal or professional stake in the outcome, such as supervisors determined to use the investigation to cover up wrongdoing in their departments for which they d be held accountable if the claim proves to have merit. MODULE 3

76 76 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX A: WORKPLACE VIOLENCE INCIDENT INVESTIGATIONS: 9 Common Pitfalls to Avoid, Cont'd In addition, the person who investigates the complaint must have the necessary skills to do so. For example, federal OHS law requires workplace violence complaints to be investigated by a competent person, which is defined as someone who s: hh Impartial and is seen by the parties to be impartial; hh Has knowledge, training and experience in issues relat- ing to workplace violence; and hh Has knowledge of relevant legislation. Of course, it s not always easy to find objective and impartial people to investigate workplace violence allegations internally, especially in a small company where everyone may be affected by the allegations and know the parties involved. And the people who are objective might lack the qualifications to do a thorough and competent investigation. As a result, you may need to go outside your company to find the appropriate investigator. Trap #3: Not Getting Both Sides of the Story Some companies make the mistake of talking only to the alleged victim. An investigation is only fair if you also give the accused an opportunity to defend himself. You must also give the accused enough facts about the allegations, including dates and specific details, to enable him to respond. Example #1: An Ontario labour board ruled that a worker s dismissal was unwarranted and an investigation was flawed. The most fundamental flaw, according to the board, was the employer s failure to share the particulars of the complaint with the accused until three months after the complaint was made. The court said three months delay in providing that information was a breach of the duty of fairness to an accused [DaSilva v. Ontario]. Example #2: By contrast, an investigation was ruled to be fair because among other things, the accused was given a sixpage detailed summary of the allegations that, among other things, clearly identified his accusers [Masters v. Ontario]. Trap #4: Not Interviewing Third Parties It s important to interview not only the accuser and accused but also anyone else who may have relevant information about the situation, especially eyewitnesses. Document the results of these interviews and, when appropriate, get written statements from third party witnesses. Example #1: An arbitrator found an investigation to be flawed in part because the company never spoke to two individuals that the accused said were key witnesses and asked the company to interview [Emergis v. Doyle]. Example #2: A court found an investigation that included interviews of 40 workers to be thorough and fair. The investigator started by interviewing the accuser and then interviewed other workers who the accuser mentioned in her story. Those interviews, in turn, led to interviews of additional workers and uncovered a total of five other alleged victims of sexual harassment by the same supervisor. All five of those victims were interviewed. The investigator also interviewed the accused four times and gave him an opportunity to respond to the allegations on each occasion [Bannister v. General Motors of Canada]. Example #3: A court ruled that an investigation was conducted fairly when 45 people were interviewed revealing seven incidents of sexual harassment involving seven different victims [Masters v. Ontario]. Trap #5: Failing to Gather All Relevant Information The investigation must be thorough and earnest. You can t simply go through the motions. The goal of the investigation should be to gather all relevant information so that appropriate decisions can be made. An inadequate, superficial investigation is likely to lead to liability. Example: A worker was assaulted by her supervisor. She reported the incident to the company s HR director. But the company didn t conduct a real investigation; it just briefly spoke to both parties. The worker sued the company and supervisor. The court took her side. It noted that the company didn t fully understand what happened during the incident, although it could have had it conducted a more thorough investigation. In fact, the company assumed no responsibility to conduct a proper investigation into whether verbal and physical abuse had occurred, criticized the court [Piresferreira v. Ayotte]. Trap #6: Asking Leading Questions It s not just how many interviews you do but how you do them. One common interview mistake to avoid is asking leading questions that is, phrasing questions in a manner that suggests the correct answer to the person being questioned: Wrong: Did Joe s conduct make you feel scared and afraid for your safety? Right: How did Joe s conduct make you feel? MODULE 3

77 WORKPLACE VIOLENCE COMPLIANCE KIT 77 APPENDIX A: WORKPLACE VIOLENCE INCIDENT INVESTIGATIONS: 9 Common Pitfalls to Avoid, Cont'd Example: The court praised investigators for interviewing multiple witnesses and asking first if they had any information about incidents of sexual harassment. The witnesses weren t told who had been accused. The investigator deliberately withheld the name of the accused to see if any of the witnesses would mention him on their own [Bannister v. General Motors Canada Ltd.] Trap #7: Interviewing Witnesses in the Presence of Each Other Efforts should be taken to minimize the risk of witness collaboration and intimidation. Interviewing the accuser in front of the accused can intimidate the accuser. Even third party witnesses can be influenced by the presence or statements of others. So witnesses should be interviewed separately and not in the presence of other witnesses. Doing so minimizes not only the risk of intimidation but also false testimony. can follow different investigation procedures provided that you have a solid justification for doing so. Example: A court found it reasonable for an employer to depart from its procedure of having supervisors conduct internal and discreet investigations of sexual harassment allegations by handing the matter over to the police instead. That s because the accused was the owner s brother and calling in the police was necessary to avoid any appearance of bias [Laskowska v. Marineland of Canada Ltd.]. Trap #9: Not Documenting Investigation It s important not only to conduct an investigation properly but also to thoroughly document the investigation s various steps. Without such a paper trail, it s extremely difficult to retrace your steps and prove that the investigation was properly conducted. Example: A court found that investigators should have warned two witnesses not to confer when putting their complaints of sexual harassment in writing. The court also criticized the investigator for allowing the witnesses to give their accounts together in the same room at the same time [C.R. v. Schneider]. Trap #8: Not Following Company Policy and Procedure A sure-fire way to taint an investigation is to deviate from your company s investigation policies and procedures. So stick to company policy as much as possible. However, you Example #1: An employer didn t make detailed notes of witness interviews he conducted; he just made a general synopsis of what each witness said. The court said this documentation wasn t adequate for determining what the witnesses actually said in their interviews [C.R. v. Schneider]. Example #2: In ruling that an investigation was properly conducted, a court pointed out that the company had kept detailed notes of interviews and asked key witnesses to provide written statements [Bannister v. General Motors Canada Ltd.]. MODULE 3

78 78 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX B: DISCIPLINE: Are Threats of Violence Grounds for Discipline? What kind of discipline should you impose if one of your workers issues a threat to a supervisor or co-worker? The answer depends on how real the threat actually is. If the statement is just the exaggerated rantings of a frustrated worker, you don t have just cause to fire him without notice or payment in lieu of notice. Instead, a stern warning is probably the appropriate response. But if the statement is a serious threat of violence, you do have just cause and not only can but also must terminate the worker immediately to protect others at your workplace. This bright-line rule is easy to state but difficult to apply. In the real world, it s usually hard to tell when a violent threat is serious and when it s just hyperbole. And as the safety coordinator, you re likely to be called upon to help management make a judgment and do it fast. This article will show you how. Threats of Violence as Just Cause Few would dispute that an actual or attempted act of violence by a worker in the workplace is just cause. So it would be hard for a worker who punches a co-worker or tries to run over a supervisor with a forklift to claim he was wrongfully terminated. However, unlike physical acts of violence, verbal threats leave room for ambiguity. Generally, making a violent threat is just cause if the threat is: hh Genuine; hh Credible; and hh Directed at somebody in the workplace. The mere utterance of such a threat is grounds for immediate termination; you don t have to wait to see if the worker actually follows through to fire him. But not all violent threats rise to this level. Many if not most of the threats workers make on the job aren t meant to be taken literally. Although such behaviour might be worthy of discipline, immediate termination might be an overreaction. So employers need to decide the seriousness of the threat to determine how to react to it. HOW TO EVALUATE THREAT To evaluate whether a violent threat is just cause, you must consider not only what the employee said but also all of the circumstances under which the threat was made. There are five questions you should ask: 1. What Did the Worker Actually Say? Although it s not the whole story, what the worker actually said is a critical factor in determining the seriousness of a threat. For example, the statement, I m going to kill you, could be understood as an actual threat to kill a person or as hyperbole, posturing, blowing off steam or just plain horsing around. So the mere use of those words isn t likely to be enough to prove just cause. Threatening words may assume a more menacing quality when they re accompanied by details about the manner in which the worker intends to carry out the threat or the weapon he plans to use. It s the details that turn a vague expression such as I m going to kill you into something that sounds more like an expression of intent, such as, I m going to beat you to death with this crowbar. Threats of violence also tend to be more disturbing when they re directed at members of the victim s family. Which sounds more threatening to you: I m going to shoot you or I m going to shoot your five-yearold boy, Alex? 2. Were Verbal Threats Accompanied By Threatening Gestures? It s not only what the worker says but also how he says it that counts. Words are one thing; those same words may become something altogether different when they re accompanied by gestures. For example, the words, I m going to crush your skull feel more like a credible threat of violence when the worker who utters them is also waving a wrench. Example : An arbitrator ruled that a company had just cause to fire a worker who pointed a pike pole at a co-worker s nose and threatened to wring his scrawny neck. The company had a legal and moral obligation to fire the worker to maintain a safe workplace, said the arbitrator [Weyerhaeuser Canada Ltd. v. Industrial Wood and Allied Workers of Canada, Local (Devost Grievance)]. 3. What Was the Worker s Intent? Let s return to the example of I m going to kill you. You must determine what was on the worker s mind when he uttered those words. There are several possibilities: He meant it literally. If the threat literally describes the worker s intentions, uttering it is just cause for immediate dismissal. In other words, I m going to kill you can be just cause when the worker literally means to kill the person. Of course, workers facing disciplinary consequences for threats are bound to claim that they didn t mean what they said. And maybe they didn t. But that argument won t necessarily get them off the hook. MODULE 3

79 WORKPLACE VIOLENCE COMPLIANCE KIT 79 APPENDIX B: DISCIPLINE: Are Threats of Violence Grounds for Discipline? Cont'd He meant to intimidate. One possibility is that the worker didn t mean the words literally but did intend to intimidate the victim. Although in terms of morals, using threats to intimidate is a notch below expressing an actual intent to harm, as a matter of law, it s generally enough to constitute just cause. Example: An employer had just cause for dismissing a factory worker after she threatened to break co-workers bones. Even if the worker had no intention of actually harming the co-workers she made the threat to another worker in the hopes that it would get back to the co-workers she intended to scare them. And, the court explained, this act created an intolerable situation, which did to some degree affect the production efficiency of the employees [Perry v. Ontario Die Co.]. He didn t mean to intimidate but did. Even if workers didn t actually mean to bully or intimidate, you may still have just cause if intimidation was the consequence of their behaviour. Courts will apply an objective standard. In other words, they ll ask not whether the worker actually intended to intimidate but whether a reasonable person would have expected such behaviour to result in intimidation. 4. Did the Worker Have a Track Record of Violence? Just cause doesn t require prior warnings; a first offence is enough to justify immediate termination. So a worker s unblemished 30-year track record is no defence if the worker suddenly makes a genuine and credible threat of violence to someone in the workplace. But if the threat falls in the gray area between serious and hyperbole, the worker s track record may become of critical importance. Courts generally give workers who have never engaged in violence or any other offence worthy of discipline the benefit of the doubt. Example: An auto worker called a union rep who mishandled some matters a piece of s*** and said the rep was going down. The court ruled that firing was too severe and knocked the penalty down to a suspension because, among other reasons, the worker had no history of violence [Siemens VDO Automotive, Inc. v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 1941 (Twigg Grievance)]. In contrast, workers who make threats will get less slack if they do have a history of violence or of losing their temper on the job. Example: After the OC Transpo tragedy (in which a worker shot four co-workers before turning the gun on himself), a city worker remarked that he could see something like that happening here. In ruling that the city had just cause to fire the worker, the arbitrator noted that he had a history of losing his temper at work [Guelph (City) v. Canadian Union of Public Employees, Local 241 (Spicer Grievance)]. Even discipline for problems unrelated to violence, such as chronic absenteeism or failing to follow company policy, can weigh against a worker in determining if an ambiguous threat creates just cause. In such cases, the threat gets lumped together with all of the worker s other previous offences as proof that he s a troublemaker and often represents the final straw justifying dismissal. Example: A court ruled that Nabisco had just cause to fire a worker of 11 years when he told a superior, If I lose my job, I ll shoot you. The worker had received numerous warnings about his absenteeism and other violations of corporate policy. He had also been involved in two incidents in which he was accused of assaulting his co-worker. So his violent threat to the supervisor was the final straw [McEwan v. Nabisco Ltd.]. 5. How Did the Victim Perceive the Threat? When dealing with violent threats, you must consider not only the delivery but also the perception of the message. To assess the victim s perceptions, you need to consider the characteristics of both parties involved the threatener and the threatened including their: hh Genders a threat of violence is likely to be more seri- ous when uttered by a male against a female; hh Relative size and stature a threat is more menacing when it s made by a big person to a smaller and physically weaker one; hh Relative positions at the company a threat is more dis- turbing when it comes from a person in authority; and hh A known history of mental weakness on the part of the victim. Example: A supervisor, a large man with a loud voice, bullied a mentally frail female worker over an extended period. He made threats like I ll bash your head in, while brandishing a hammer for effect. The worker eventually suffered a mental collapse and sued the employer for mental distress. The court ruled that the supervisor s conduct was outrageous and ordered the employer to pay her $40,000 in damages [Boothman v. Canada]. MODULE 3

80 80 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX B: DISCIPLINE: Are Threats of Violence Grounds for Discipline? Cont'd In evaluating the victims perceptions, you need to consider not only their physical characteristics but also how they actually responded to the threat. Did the victim really believe the threat or just shrug it off? Example: A radio sportscaster with a bad temper made the following remarks to a fellow sportscaster during a Vancouver Canucks game: Just so you know, my son is going to beat the s*** out of you. The court ruled that these words didn t give the station just cause. The victim didn t take the threat seriously and didn t fear for his safety, even though he claimed he did. He continued sitting next to the sportscaster for the remainder of the game and only reported the incident later [Davidson v. Westcom Radio Group Ltd.]. THREATS AS JUST CAUSE Conclusion Workplace violence is a serious safety concern. In fact, the new federal OHS regulations on workplace violence just took effect. And the obligation to prevent or address workplace violence is contained or implied in every province s or territory s OHS law. But properly responding to workplace threats made by workers is a real dilemma. If the threat isn t really serious, immediate termination will probably be considered an overreaction and make your company vulnerable to grievances and damage awards. If, on the other hand, the threat is serious and you don t fire the worker, you expose your other workers to the risk of violence. The only way to resolve the dilemma is to avoid kneejerk reactions, determine what happened and make the best possible judgment according to all of the circumstances. CASE WHAT WORKER SAID JUST CAUSE? REASON Davidson v. Westcom Radio Group Ltd. (BC) Just so you know, my son is going to beat the s*** out of you. When he finds you, he is going to shoot your a** off. He will bend you in half. NO The worker s intention wasn t to kill the co-worker. And the fact that the co-worker continued to sit next to the worker for the rest of the hockey game they were watching showed that he didn t take the threat seriously. Dilg v. Dr. D. Sarca Inc. (BC) A dental assistant whose hours have been cut tells co-workers that her husband wanted to beat the s*** out of and kill the dentist. YES The assistant s actions threatened the root of the employment relationship and were extreme and unrepentant. Guelph (City) v. Canadian Union of Public Employees, Local 241 (Spicer Grievance)(ON) I can see something like that [the OC Transpo shooting] happening here. YES Among other things, the worker had a history of a hot temper. McEwan v. Nabisco Ltd. (ON) A worker hits his superior and says, If I lose my job, I ll shoot you. YES The worker engaged in actual violence and was involved in two past incidents of assaulting co-workers. Perry v. Ontario Die Co. (ON) After being accused of stealing, a factory worker threatens several co-workers to one, she says she s going to do her in and break every bone in her body. YES Even though the factory worker only meant to scare the co-workers, this act created an intolerable situation, which did to some degree affect the production efficiency of the employees. Redfearn v. Elkford (District) (BC) When a doctor says that a District clerk/administrator was fit to return to work after treatment for stress, depression and alcohol abuse, the clerk threatens to kill himself and adds that he might do in the Mayor as well. NO The Mayor didn t take the threats seriously. Plus, evidence from the doctor suggested that the threats were merely an attempt to manipulate his doctors so that he could avoid returning to work. Siemans VDO Automotive Inc. v. National Automobile Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Local 1941 (Twigg Grievance) (ON) An automotive worker calls a union rep who mishandled some matters a piece of s*** and says he s going down. NO The worker had no history of violence and was never warned about being fired. Weyerhaeuser Canada Ltd. v. Industrial Wood and Allied Workers of Canada, Local (Devost Grievance) (AB) A worker points a pike pole at a co-worker s nose and threatened to wring his scrawny neck. YES The company had an obligation, moral and statutory, to maintain a safe workplace. MODULE 3

81 WORKPLACE VIOLENCE COMPLIANCE KIT 81 APPENDIX C: WORKPLACE VIOLENCE WORK REFUSALS: 9 Common Pitfalls to Avoid Trap #1: Failing to Explain Refusal Procedures to Workers Trap: The right to refuse dangerous work is a key protection. By the same token, workplace refusals are often disruptive and can bring a company s operations to a standstill. The refusal procedures set out in the OHS laws are designed to ensure that the employer addresses the basis for the refusal as orderly and quickly as possible. But for the process to work, workers must cooperate and follow the proper procedures (both under OHS law and company policy). Unfortunately, some companies do a poor job of explaining the refusal procedures. Consequently, refusals generate greater disorder and chaos than they should. Example: The OHS laws of most provinces require a worker to notify a supervisor of his refusal to work and explain the reasons why. But if workers don t know that a supervisor is the go-to guy for refusals, they may notify someone else, such as a co-worker, or simply walk off the job without talking to anyone, thereby delaying the investigation, maximizing confusion and prolonging disruption. Solution: As part of your worker training program, educate and train workers on proper refusal procedures under your province s OHS laws and your company s specific requirements. For example, if you have a form workers must fill out explaining the basis for their refusal, make sure workers are familiar with the form and know where to get one. And make sure that they understand that they now have the right to refuse work if they believe that they re at risk of being subjected to workplace violence. Trap #2: Failing to Determine the Basis for the Worker s Refusal Trap: Workers might not tell you why they re refusing work or give only a vague reason. So a worker who refuses work because of a valid safety concern might seem like he s just being insubordinate and receive immediate punishment from his supervisor. The company could then be held liable for improper discipline, even if the worker never made it clear that the refusal was for safety reasons. Example: Two Ontario workers are carrying a heavy steel beam. One of the workers accidentally drops his end and the beam almost crushes the other. The latter tells the supervisor that he won t work with the former ever again. But the company doesn t realize that it s a work refusal because the worker didn t tell the supervisor that his refusal was because he felt his co-worker to be unsafe. So the company is found liable for improper discipline and must reinstate the worker [Frankel Steel Ltd., [1985] O.L.R.B. Rep. Aug. 1210]. If the supervisor had simply asked why the worker didn t want to work with his co-worker, the misunderstanding would have been avoided. Solution: Make sure both workers and supervisors know that workers can t simply refuse work without giving a reason. And that reason should be very specific and explain exactly why the worker believes the work in question is dangerous. Example: Wrong: I m not comfortable working with Joe. Right: I m afraid of working with Joe, who s very angry, acting violently and may be drunk. Trap #3: Failing To Investigate the Refusal Trap: It may be tempting to rush to judgment and dismiss a worker s refusal as laziness or insubordination. But writing a refusal off as frivolous and ordering the worker back to work without an investigation is a big mistake. Example: A production line supervisor had a reputation for being a bully and, in fact, had butted heads with one worker in particular. One day, the supervisor and the worker got into an argument. The worker became so upset that his hands started to tremble. So he refused to work. It s unsafe with you standing over me and hollering at me, he claimed. My hands are shaking, and I may slip and cut off a finger. The worker asked for the company s elected safety representative to investigate the refusal, but the supervisor refused. In his eyes, the refusal was totally ridiculous. When the worker continued to refuse to get back to work, the supervisor suspended him for two days. So the worker filed a grievance. An Ontario arbitrator ruled that the supervisor shouldn t have dismissed the worker s refusal and decided on his own that it was unwarranted. He should have taken the refusal seriously and followed the procedures required by law. The arbitrator said the worker s grievance was justified and ordered the employer to rescind the suspension [Lennox Industries (Canada) Ltd. v. United Steelworkers of America, Local 7235, [1999] O.L.A.A. No. 158, March 3, 1999]. Solution: The OHS laws require you to investigate all workplace refusals, no matter how absurd or ridiculous they may appear. As the Lennox case shows, failing to investigate is au- MODULE 3

82 82 WORKPLACE VIOLENCE COMPLIANCE KIT APPENDIX C: WORKPLACE VIOLENCE WORK REFUSALS: 9 Common Pitfalls to Avoid, Cont'd tomatic grounds for losing a refusal case. Your investigation doesn t have to be extensive. Exactly what you should look at and who you should talk to will depend, of course, on the basis for the refusal. Trap #4: Immediately Disciplining the Worker for His Refusal Trap: Companies sometimes discipline workers on the spot for refusing work, particularly if it looks like the refusal is frivolous or that the worker has an ulterior motive. Supervisors are especially prone to fly off the handle and take immediate action against a refusing worker. The Lennox case above is a good example. Solution: Train supervisors to follow the proper refusal procedures. Make sure they understand that they must keep their tempers in check and refrain from imposing discipline on the spot. If the worker still refuses, wait until you decide that the refusal isn t justified before you even consider disciplining the worker. Even then, you still may not be able to discipline the worker for continuing to refuse. Workers have the right to contest the investigation of their refusal if they re not satisfied with the results. At that point, a government inspector or investigator is typically called in. Discipline is appropriate only after the government official concludes that the refusal isn t justified and the worker continues to refuse. But keep an open mind. Discipline may be a bad idea if the worker sincerely believed the work was dangerous and was simply wrong. Trap #5: Dismissing Refusal if Danger Is Unique to That Particular Worker Trap: In most cases, the basis for a work refusal is a condition or circumstances that would pose a danger to any worker not just the worker making the refusal. For example, welding without the appropriate PPE would be dangerous for any worker. But a work refusal may still be warranted if the condition or circumstance the worker is complaining about only poses a danger to him. Example: An unusually tall trucker refused to drive a small armoured truck because it would be dangerous: his position in the seat left little room to manoeuvre and made it hard for him to reach the controls. The employer dismissed his refusal, arguing that the truck was in good shape and didn t pose a problem for drivers of normal height. Plus, the driver only had to drive the truck a short distance. A health and safety officer ruled that making the tall driver drive a small truck posed a danger to this particular driver and thus his refusal was justified [Garda du Canada Inc. and Syndicat National des Convoyeurs de Fonds, [2005] C.L.C.A.O.D. No. 39, Sept. 14, 2005]. Solution: Refusal laws protect all workers, including ones in unique situations or who have special sensitivities. So don t dismiss a work refusal if the danger posed is unique to a particular worker. Instead, investigate the refusal like any other refusal and determine whether it was reasonable for that specific worker to refuse to do that specific work. If so, the refusal is justified and you must take steps to accommodate the worker. Trap #6: : Not Notifying & Involving All Necessary Parties Trap: : If the worker isn t satisfied with the supervisor s investigation and proposed resolution and continues to refuse to work, OHS laws typically require you to notify other parties about the work refusal and involve them in the investigation and resolution. However, out of a desire to quickly resolve the refusal and get the worker back to work, companies sometimes fail to notify everyone they should. And failing to report continuing work refusals to the right parties may violate OHS laws and collective agreements. Solution: Make sure that you notify anyone you re required by law to notify of any continuing work refusals, such as the JHSC or health and safety representative, or a government inspector. And in unionized workplaces, the collective agreement may require you to notify the worker s union representative. Trap #7: Not Paying Worker During Refusal Trap: When a worker refuses to do certain work, you may be able to reassign him to another job until his refusal is resolved. But if reassignment isn t possible, the worker won t be able to do any work at all while his refusal is being investigated (although he s presumably assisting in the investigation). Some investigations take hours, but others can drag on for days. You may think that you don t need to pay workers who don t work while a refusal investigation is pending. But in most jurisdictions, including Ontario, you do. Example: A customs officer refused to work because of safety concerns. A health and safety officer investigated the work refusal and ultimately determined that there was no danger. So the officer returned to work. But the employer refused to pay the officer for the time during his refusal. A Board ruled that the employer had violated the Canada La- MODULE 3

83 WORKPLACE VIOLENCE COMPLIANCE KIT 83 APPENDIX C: WORKPLACE VIOLENCE WORK REFUSALS: 9 Common Pitfalls to Avoid, Cont'd bour Code, which bars employers from refusing to pay workers for any period during which the workers would have been working but for their work refusal. So it ordered the employer to pay the officer any lost wages and benefits [Ferrusi v. Treasury Board (Canada Border Services Agency), [2007] PSLRB 1, Jan. 5, 2007]. Solution: The OHS law in Ontario requires your company to pay a worker while his refusal is being investigated. So make sure the worker gets paid for that time and that those hours aren t deducted from his paycheque. Trap #8: Improperly Assigning a Replacement Worker to Do Refused Work Trap: When one worker refuses, it may be tempting to assign another worker to do the job. But most provinces restrict your right to assign a replacement worker to do the job that the worker refused. And if you fail to comply with those restrictions, you could expose the replacement worker to a hazard and your company to liability. hh Are reasonably sure the replacement worker won t be exposed to imminent danger; hh Tell the replacement worker about the work refusal and the reason for it; and hh Allow the replacement worker to also refuse to do the work in question. Trap #9: Failing to Remedy Situation if Work Is Found To Be Dangerous Trap: If a worker refuses to work and an investigation reveals that the refusal was, in fact, justified, your work has just begun. After all, the work refusal has now brought a workplace hazard to your attention. And once you re aware of a hazard, you re legally obligated to take steps to protect workers from that hazard. If you don t, a dangerous situation will continue to exist and thus justify additional work refusals by the same or other workers. Plus, you could now be liable for an OHS violation for failing to take reasonable steps to protect workers from known hazards. Solution: Don t assign a replacement worker to do refused work until you ve conducted a preliminary investigation of the refusal and determined that no danger exists. After all, if the refusal was justified, you d only be endangering the replacement worker. If you don t believe that any danger exists but the worker continues to refuse, then you can assign the refused work to a replacement worker but only if you: Solution: Take steps to address the hazard identified by the refusal and confirmed by the subsequent investigation. For example, if the worker complained that his PPE was defective or inadequate, provide him with adequate PPE that s in good working condition. Or if the worker refused to work because a piece of machinery was broken, make sure the broken machine is repaired. MODULE 3

84 84 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 17: MODEL SAFE WORK PROCEDURE FOR WORKING ALONE POLICY There may be times when you have to work alone. Working alone or in isolation can increase the risks of dangers to a worker s health and safety, including by heightening the risk of violence. These hazards have been assessed and this safe work procedure designed to protect workers from those hazards. Accordingly, all workers who work alone or in isolation must be aware of and comply with these safe work procedures. SCOPE This policy applies to all workers who work alone or in isolation. PROCEDURES The risks which cannot be fully eliminated have been identified as: Working alone is permitted ONLY under the following conditions: hh An effective means of communication is in place (radio, telephone, etc.) hh The workers/researchers/students have received the required training and meet the minimum standard of competence hh The required PPE is available hh External contact and contact scheduled every three hours is in place The following is a list of activities that have limitations and/or prohibitions which apply while working alone or in isolation: Activities Use of hazardous chemicals Work on high voltage equipment Travel to research site Limitations and/or Prohibitions Prohibited if alone Prohibited if alone Provide travel itinerary and confirm arrival A copy of this policy and procedure has been provided to all workers/researchers/students and filed for documentation with Department on. This policy will be reviewed every two years or more frequently if required. MODULE 3

85 WORKPLACE VIOLENCE COMPLIANCE KIT 85 TOOL 18: SAMPLE SAFE WORK PROCEDURE FOR RETAIL WORKERS (PREVENTING ROBBERIES) 1. Make your business attractive to customers, unattractive to robbers: FF Keep the premises clean, tidy, and well-lit. FF Keep active and alert. Don t be a target. FF Get away from the sales counter when there are no customers. 2. Ensure that the sales counter is clearly visible from outside the premises. A cash register location that is difficult to see clearly from the street helps a robbery to happen unnoticed. 3. Keep alert at all times: FF Identify your escape routes. FF Know the location of phones or assistance outside the premises. FF Be aware of areas with poor lighting. FF Avoid looking directly at suspicious loiterers. Prolonged eye-to-eye contact, especially if there is a group involved, may be seen as a challenge and possibly escalate the situation. Fill out a description sheet. If the loiterers don t leave, call the police and ask for a patrol check. 4. Greet everyone who enters: FF Be friendly and briefly look directly into their eyes. FF Ask the customer ahead of someone suspicious, Are you together? The customer will usually turn around to look at the person. This may deter the robber. 5. Keep the cash register fund to a minimum: FF Remove all $50 and $100 bills from the cash register as soon as you receive them. FF Post signs advising Minimum cash kept on premises. FF Ask customers for exact change or the smallest bills possible. 6. Take extra precautions after dark and during slow periods: FF Check each night to see that outside lights are on and working. FF Operate one register late at night through early morning. FF Open the empty unused register drawer and tip it up for display. FF Run an empty register just $5 bills and change. MODULE 3

86 86 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 19: WORKPLACE VIOLENCE REPORTING POLICY PURPOSE ABC Company is committed to protecting you from violence and threats of violence in the workplace. But we need you to help us help you. One of the best ways you can participate in your own protection is to notify us if you ve been attacked or threatened with violence. The purpose of this Policy is to explain how to make such reports. DON T HESITATE TO REPORT No Reprisals: We recognize that some individuals may hesitate to report acts or threats of violence out of fears of reprisals especially when the threats are coming from another person in the Company in a supervisory or other position of authority. Be assured that no ABC Company employee will be disciplined, demoted or suffer any other adverse treatment because they reported concerns of violence in the workplace. Confidentiality: We will also take steps to maintain confidentiality and won t disclose your identity unless we re required to by law or to investigate and/or correct the concern. [add if you have a Silent Witness Program]. Silent Witness Program: Company ABC has developed a Silent Witness Program so that you can report violent or suspicious activity or tips and remain anonymous. The information is transmitted to the Company ABC security for follow up. All information will be kept confidential. The Silent Witness Reporting page is located on the Company web site at: [list html]. filling out the ABC Company Workplace Violence Threat and Incident Report (Tools 20 and 21 below) form. If a worker is the suspected perpetrator, notify [list contact] (ext. 1234). C. Reporting Threats and Incidents by Supervisor: Any employee who has been threatened or attacked by a supervisor, manager or person in authority can report the incident using the ABC Company Report of Supervisor Abuse (Tool 22 below) form. D. Reporting Threats of Domestic Violence: Any employee who has been threatened or involved in domestic violence at work can report the incident using the ABC Company Domestic Violence Threat (Tool 23 below) form. RESPONSE Any supervisor, manager or other person in authority who receives a report of a suspected violation of this policy shall consult with the Company ABC Human Resources Office (ext. 5678). Any emergency, perceived emergency, or suspected criminal conduct must be immediately reported to Company ABC Security. REPORTING PROCEDURES Acts and threats of workplace violence (either explicit or implied), or observations of workplace violence are not to be ignored by any member of ABC Company personnel. Workplace violence or threats of workplace violence must be promptly reported to the appropriate Company officials using the following reporting procedures. A. Call Security or 911 for Imminent Danger: Any person experiencing or witnessing imminent danger, personal injury from violence, violence involving weapons, or actual violence should call Company Security (ext. 1234) or 911 immediately. B. Reporting Threats and Incidents: Any person who is the subject of workplace violence involving situations without weapons or personal injury, or is a witness to such situations, should report the incident to his or her nextin-line supervisor who is not party to the alleged action MODULE 3

87 WORKPLACE VIOLENCE COMPLIANCE KIT 87 EMPLOYEE TOOL 20: REPORT OF WORKPLACE VIOLENCE THREAT/INCIDENT (Long Version) Employee Name Work Office Address (street, city, state, zip) Telephone: Work: Employee Classification Home: Manager's Name Telephone INCIDENT Name of Assaulter/Threatener Is she/he an employee? F Yes F No Date of Assault/Threat Location of Assault/Threat Assault/Threat was from: F Personal Confrontation F Telephone Conversation F Other Please Explain: Were there witnesses? F Yes F No If yes, how many? Provide information below and attach their statements. (Determine if witnesses prefer to remain anonymous due to the concern of retaliation by the aggressor.) WITNESSES (If additional Witnesses, provide information on attached sheet of paper.) Witness 1- Name Address (street, city, state, zip) Telephone: Work: Home: Witness Role (i.e. employee, customer, etc.) Witness 2- Name Address (street, city, state, zip) Telephone: Work: Home: Witness Role (i.e. employee, customer, etc.) Continued on Page 88 MODULE 3

88 88 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 20: REPORT OF WORKPLACE VIOLENCE THREAT/INCIDENT (Long Version), Cont'd IF ASSAULTED, answer next 6 questions. If threatened, go to reverse side of this report. 1. What started the assault? 2. What did the assaulter say when you were assaulted? 3. What was used to hit/strike/injure you? 4. What injuries did you sustain? Was medical treatment necessary? 5. How did the assault end? 6. How did you leave the assault site? IF THREATENED, answer next 3 questions. 1. As closely as possible, what were the exact words used? 2. Was Threatener in a position to carry out the threat immediately? 3. How serious do you believe the threat was and why? EMPLOYEE RELATED ACTIONS (Employee must complete next two questions whether a threat or assault.) 1. What actions were taken by the employee? (e.g. filed workers' compensation, obtained medical treatment, used sick leave/vacation, etc.) 2. What specific actions from Employer does employee request related to assault/threat? If none, so indicate. Continued on Page 89 MODULE 3

89 WORKPLACE VIOLENCE COMPLIANCE KIT 89 TOOL 20: REPORT OF WORKPLACE VIOLENCE THREAT/INCIDENT (Long Version), Cont'd LAW ENFORCEMENT INFORMATION (Manager, Employee, etc. Attach copy of police report when possible.) Law Enforcement Agency Contacted - Name of Person/Officer Helping Date Contacted: Telephone Number: ( ) Was a written report completed? F Yes F No What action was promised? MANAGER ACTIONS Directions given to Employee (i.e. go home, go to hospital, etc.) Manager Recommendation: F Prosecution F Restraining Order F Letter to Threatener F Other, please specify: LEGAL COUNSEL ACTION(S) Actions Taken: NOTIFICATION DATES Received: Division Management Notified: F Yes F No Employee Notified of Chosen Action: F Yes F No EAP Officer Notified: F Yes F No Health & Safety Officer Notified: F Yes F No Was Employee and Management notified of other options that can be pursued personally? F Yes F No MODULE 3

90 90 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 21: REPORT OF WORKPLACE VIOLENCE THREAT/ASSAULT (Short Version) 1. Identifying Information Name Job title Shift Department or section Location: Type of assault: F Verbal F Threatened F Struck F Bitten F Pushed F Kicked F Scratched F Other (specify): Medical attention or first aid required? F Yes F No Were you advised of right to consult doctor? F Yes F No Investigation conducted? F Yes F No Was workers comp form completed? F Yes F No Reported to supervisor? F Yes F No Police called? F Yes F No Action Taken: 2. Assailant Assailant s name (if known) F Co-Worker F Ex Co-Worker F Customer F Delivery person F Visitor F Other (Please specify) F Male F Female Approximate age Complexion Approximate height Approximate weight 3. Incident & Injury Information Date of incident: Time of incident (specify am/pm): Continued on Page 91 MODULE 3

91 WORKPLACE VIOLENCE COMPLIANCE KIT 91 TOOL 21: REPORT OF WORKPLACE VIOLENCE THREAT/ASSAULT (Short version), Cont'd 4. Other Information Was the assailant involved in any previous violent incidents with you or other staff members? F Yes F No Please provide any other information you think is relevant: General Appearance Sex: F M F F Approx. Age: Approx Ht. : Approx Wt.: Race: Hair colour: Hair style: Eye colour: Glasses? F Y F N Scars: Marks: Tattoos (describe): Jewellery: Hat (colour & type): Coat: Shirt/Blouse: Pants/Skirt: Shoes: Tie: Other distinguishing characteristics: Facial Appearance Skin colour: Hair colour: Hair style: Hair texture: Ear size: Ear shape: Cheeks (full or sunken): Shape of eyebrow: Size & shape of eyes: Shape of nose: Mouth & lips: Moustache (describe): Beard (describe): Scars: Neck & Adam s apple: Other facial characteristics: Vehicle Colour: Make: Model: Licence number: Body style: Rust/Scratches/ Other Damage: Antenna: Bumper stickers: Wheel covers: Direction travelling: Other Write down anything else about the assailant that you remember: What did the assailant say? Describe any weapons you saw: MODULE 3

92 92 WORKPLACE VIOLENCE COMPLIANCE KIT ABUSIVE SUPERVISOR INCIDENT FORM TOOL 22: Employee Report of Supervisor Abuse Your Name Date Supervisor's Name Duty Station Date of Incident Time of Incident Location of Incident Date Union Notified Victim(s) of Incident Witnesses to Incident Description of Incident Provoked or Unprovoked NATURE OF ABUSIVE EVENT (Check All That Apply) Overly Demeaning Demeaning Sarcastic Remarks Yelling Threats of Discipline or Discharge Threats to take Victim off Clock Other Specific Threats Profanity Physical Threats Physical Gestures Physical Contact Other Specifics OTHER COMMENTS Signature Date Continued on Page 93 MODULE 3

93 WORKPLACE VIOLENCE COMPLIANCE KIT 93 ABUSIVE SUPERVISOR PROFILE TOOL 22: Employee Report of Supervisor Abuse, Cont'd Supervisor's Name Duty Station RECOGNITION DATA (Check All That Apply) Supervisor Seems to Target Specific Individual(s) Supervisor Seems to Target Specific Group(s) (Race, Colour, Creed, Religion, Handicapped, etc.) Supervisor Seems Abusive to all Employees Supervisor's Mood Depends on Mail Volume Supervisor's Mood Doesn't Change With Mail Volume Mood Imported From Home or Life Outside of Work Supervisor Seems to Have Multiple Personalities NATURE OF ABUSIVE ACTIVITY (Check All That Apply) Overly Demeaning Demeaning Remarks Sarcastic Remarks Yelling Threats of Discipline Threats to Take off Clock Other Specific Threats Profanity Physical Threats Threatening/Obscene Gestures Physical Contact Other Specifics SUPERVISOR WILL DO ANYTHING TO MAKE "NUMBERS" Will Become Abusive Will Ignore Safety Rules and Protocols Will Commit Fraud (Re-running mail, etc.) Other Specifics Completed By MODULE 3

94 94 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 23: DOMESTIC VIOLENCE THREAT REPORT Instructions for Supervisor: Ask employees to complete this form if they ve been threatened with domestic violence. Call 911 if the employee is in immediate danger. If the danger is present but not urgent, a threat assessment should be completed. INSTRUCTIONS TO EMPLOYEE: Call 911 if you re in immediate danger. Please be assured that only certain information in this report will be shared with HR, Security and other key people in ABC Company to ensure your safety. Please explain the details of the situation: Has your significant other or a member of your family made any threats against you? What types of abuse have you been exposed to? Have you received any harassing or threatening phone calls, s or messages? Have those threatening or harassing messages been deleted? (Explain how ABC Company can help you screen and/or record them.) Are your co-workers aware of the situation? If so, who are they and what do they know? Does your significant other or family member know where you work? Has he/she visited the facility before? Does your significant other or family member have a history of violence? If so, please explain each situation. Does your significant other or family member pose a threat to any other people, including co-workers? Does your significant other or family member own a firearm or other weapon? If so, please describe the type of weapon and whether it s registered. Are you planning to leave the relationship? Have you contacted the ABC Company EAP or a domestic violence program in the community? Would you like the names and numbers of such programs or other places to go for help? Have you received any medical treatment for the abuse you ve suffered? Continued on Page 95 MODULE 3

95 WORKPLACE VIOLENCE COMPLIANCE KIT 95 TOOL 23: DOMESTIC VIOLENCE THREAT REPORT, Cont'd Have you filed a police report? If so, can you please furnish us a copy? Have you gotten an order of protection? If so, can you please furnish us a copy? If not, do you intend to seek one and when? What can we do to help ensure your safety right now? a. b. c. d. e. Do you need time off to attend court? Do you need extended leave to find a safe place to live or deal with other safety concerns? Do you need time off or flexible hours to arrange for childcare? Do you need to be escorted to and from your car/public transportation when coming to and leaving work? Do you need to change your work hours or location? Can you provide us a description and current picture of the person threatening you? Do you have a safety plan? If not, we recommend you work with a domestic violence counsellor to create one. Do you feel safe at work? Has your significant other or family member threatened to hurt you while you re at work? MODULE 3

96 96 WORKPLACE VIOLENCE COMPLIANCE KIT Company Name: Location: TOOL 24: MODEL EMERGENCY RESPONSE PLAN POTENTIAL EMERGENCIES (Based on Hazard Assessment) The following are potential emergencies: EMERGENCY PROCEDURES In the event of an emergency (type or general) occurring within or affecting the work site, the (list designated person) following decisions and ensures the appropriate key steps are taken: makes the LOCATION OF EMERGENCY EQUIPMENT Fire alarm: Fire extinguisher: Fire hose: Panic alarm button: Phones: Other: WORKERS TRAINED IN USE OF EMERGENCY EQUIPMENT List names: EMERGENCY RESPONSE TRAINING REQUIREMENTS Type of Training Frequency LOCATION & USE OF EMERGENCY FACILITIES FIRE PROTECTION REQUIREMENTS Nearest emergency services: Fire station: Ambulance: Police: Hospital: Other: Describe: WORKPLACE VIOLENCE REQUIREMENTS Describe: Continued on Page 97 MODULE 3

97 WORKPLACE VIOLENCE COMPLIANCE KIT 97 TOOL 24: MODEL EMERGENCY RESPONSE PLAN, Cont'd ALARM & EMERGENCY COMMUNICATION REQUIREMENTS Describe: FIRST AID Supplies First Aid Kit Type: Location: Other: First Aiders Name: Location: Work shift or hours: Transportation for Injured/Ill Emergency transportation to be provided by: Phone: RESCUE & EVACUATION PROCEDURES Describe: DESIGNATED RESCUE & EVACUATION PERSONNEL The following workers are trained in rescue and evacuation (list names and locations): Date: Signature: MODULE 3

98 98 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 25: WORKPLACE VIOLENCE PREVENTION PROGRAM THREAT ASSESSMENT TEAM 1. Establishment of Team: A Threat Assessment Team will be established and part of their duties will be to assess the vulnerability to workplace violence at our establishment and reach agreement on preventive actions to be taken. 2. Members: The Threat Assessment Team will consist of: Name: Title: Phone: Name: Title: Phone: Name: Title: Phone: Name: Title: Phone: Name: Title: Phone: Name: Title: Phone: 3. Responsibilities: Threat Assessment Team members will be responsible for auditing our overall Workplace Violence Program. The Team will develop employee training programs in violence prevention and plan for responding to acts of violence. Team members will communicate this plan internally to all employees. 4. Threat Assessment Procedures: The Threat Assessment Team will begin its work by reviewing previous incidents of violence at our workplace. They will analyze and review existing records identifying patterns that may indicate causes and severity of assault incidents and identify changes necessary to correct these hazards. These records include but are not limited to, past incident reports and logs, medical records, insurance records, workers' compensation records, police reports, accident investigations, training records, grievances, minutes of meetings, etc. The team will communicate with similar local businesses and trade associates concerning their experiences with workplace violence. Additionally, they will inspect the workplace and evaluate the work tasks of all employees to determine the presence of hazards, conditions, operations and other situations which might place our workers at risk of occupational assault incidents. Employees will be surveyed to identify the potential for violent incidents and to identify or confirm the need for improved security measures. These surveys shall be reviewed, updated and distributed as needed or at least once within a two-year period. Periodic inspections to identify and evaluate workplace security hazards and threats of workplace violence will be performed by the following representatives of the Assessment Team, in the following areas: [list] 5. Frequency of Meetings: [list how often Team will meet]. MODULE 3

99 WORKPLACE VIOLENCE COMPLIANCE KIT 99 TOOL 26: THREAT ASSESSMENT TEAM GUIDELINES An employee who has been the victim of a threat or assault will immediately report the situation to any manager or supervisor. The manager or supervisor to whom the incident is reported will immediately report the matter to ABC Company Security. This reporting requirement must be adhered to without exception for all incidents involving threats and assaults. Security will, upon receiving notification, determine the extent to which they will or will not become involved in the matter. In those cases where an employee has been the victim of a threat or assault perpetrated by his or her supervisor, the employee will report the incident to the manager of the supervisor concerned, who will immediately report the incident to ABC Company management. Immediately following an incident, all parties to the incident should be interviewed and written summaries prepared by the interviewer. In addition, every effort should be made to get witnesses, including the participants, to make a written statement. In most instances of actual physical violence, if possible and with the employee s permission, the wisest action is to take photographs of the employee s injuries. Any employee found to be responsible for a threat or assault is to be immediately placed in a nonduty, nonpay status pending further investigation of the matter. This should be done in accordance with the appropriate article of the applicable craft national agreement, unless ABC Company advises to keep the employee on site in support of their investigation. A third-party supervisor will be assigned to the employee to address issues such as employee needing items from his or her locker, or to pick up a paycheque, etc. The employee is required to provide a telephone number and address where he or she can be reached during regularly scheduled working hours. Normally, within 72 hours of the incident, a determination should be made as to the appropriate action to be taken. Care should be taken that the parties in an incident are given discipline appropriate to each party s involvement. If the situation does not appear dangerous, take the following actions: (a) separate employees involved and isolate until interviewed; (b) interview all employees who have information concerning the incident immediately (individually) while impressions are still fresh in their minds; (c) establish circumstances leading to the incident; (d) obtain written statements from each witness; and, (e) do not allow witnesses to discuss what happened with each other before preparing their statements If the situation appears dangerous, e.g., a likelihood of physical violence, order the employee to leave the facility immediately. If an employee refuses to leave, contact the local police and ABC Company Security. Under no circumstance should a supervisor personally attempt to physically remove an employee from the facility. All incidents of employee altercations are to be reported to the Human Resources manager. To ensure that timely action is taken in these instances, requests for disciplinary action, with all supporting documentation, should be sent to the HR manager as soon as possible after the investigation. Additionally, every effort should be made to notify the employee of his or her status within the 72- hour period. Any employee found responsible for a threat or assault on another employee or customer should be encouraged to make an appointment with the Employee Assistance Program (EAP) by his or her supervisor upon return to duty. Any employee who is found to be a victim in connection with an altercation should also be offered the opportunity to visit with the EAP counsellor. Listed below are definitions to help you understand and clarify what is meant by a threat or an assault. Also below are tests to determine whether an actual threat has occurred. Definitions Threat (broadly defined): A statement or act intended to inflict harm or injury on any person, or on his or her property. Threats also include words or actions intended to intimidate another person or to interfere with the performance of his or her official duties (e.g., standing in front of a corridor with a menacing posture and not permitting another person access to load a vehicle). Assault (broadly defined): Any wilful attempt to inflict injury on the person of another, when coupled with an apparent ability to do so, or any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Note: An assault may be committed without touching, striking, or doing bodily harm to another person (e.g., throwing a brick at a person that does not actually strike the person). MODULE 3

100 100 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 27: CHECKLIST FOR THREAT & ASSAULTS If there is reason to believe that a crime has been committed (injuries or property damage): 1. Seek first aid and medical treatment for all those injured. 2. Immediately call the local police and ABC Company Security. 3. Preserve the scene; do not allow anyone to touch anything. 4. Identify witnesses, especially if they cannot or will not remain at the scene. 5. To the extent possible, ensure that information received remains confidential. 6. Seek additional assistance if needed. Otherwise, immediately: 7. Restore order and safety to work area. 8. Station involved employees in separate rooms. Order involved employees to leave the workroom floor, if appropriate. If employee refuses, call the police. 9. Advise your manager of the incident and notify the Threat Assessment Team (TAT). 10. Notify the HR manager. Then: 11. Identify and obtain statements from participants and witnesses. 12. Immediately investigate all observed or reported altercations. 13. Obtain telephone number and address of each participant. 14. If necessary, place employee in a nonduty status. When placing an employee in this status, remember to obtain the most current address and telephone number before he or she leaves. 15. Complete the investigation. 16. Notify the HR manager. 17. Normally within 72 hours, a decision should be made and the employee notified of his or her duty status. If the decision is not to return the employee to duty, a request for emergency off duty placement should be sent to Labour Relations within 72 hours. 18. If subsequent discipline is to be issued, forward a properly completed request with all supporting documentation to Labour Relations within 72 hours. 19. Encourage the employee found responsible for a threat or assault on another employee or customer to make an appointment with the EAP. Offer the other affected party (or parties) the opportunity to have an on-the-clock appointment with an EAP counsellor. Remember, prompt and appropriate action is essential to reducing and/or eliminating employee altercations. Failure to conduct an immediate and thorough investigation can be detrimental to disciplinary proceedings. Risk Indicators Risk indicators include, but are not limited to, the following: FF History of violent behaviour, e.g., physical assaults on others. FF Having a concealed weapon or flashing a weapon in the workplace. FF Fascination with semiautomatic or automatic weapons and their capability to cause great harm to people. FF History of mental health problems requiring treatment, especially a history of arrest before hospitalization. FF Altered consciousness (including blackouts and lost or unaccounted-for time lapses). FF History of suicide or homicide risk. FF Odd or bizarre beliefs (magical or satanic beliefs, or sexually violent fantasies). FF Fascination with homicidal incidents of workplace violence and empathy for those who commit acts of violence. FF Preoccupation with violent themes (in movies and literature). FF Inspiration of fear in others (this clearly exceeds mere intimidation). FF Romantic obsession with a co-worker characterized by harassment, intimidation, and/or stalking. FF Intimidation and harassment of others. FF Current or history of alcohol or drug abuse. FF Obsessive focus on grudge often quick to perceive unfairness or malice in others, especially supervisor. FF Especially for males, great concerns or emphasis on sexual fidelity of mate. FF Recent stressful events or severe losses. FF Perceived loss of options. FF Direct or veiled threats of bodily harm toward supervisory personnel, co-workers or customers. FF Physical deterioration (head injuries, cancer, disability, kidney failure, etc.). FF Extreme sense of moral righteousness about things in general as well as believing that the organization does not follow its own policy and procedures. FF History of poor impulse control and poor interpersonal skills. FF Inability to handle constructive criticism well and projecting blame on others. FF Demonstrated disregard for safety of co-workers. FF Tendency to be a loner with little family or social support and often having an excessive investment in the job. NOTE: It is important to keep in mind that there is no definite profile to determine whether a threatener will ultimately commit an act of workplace violence. However, these signs, especially if they are in a cluster, will help determine risk abatement action(s) relative to the TAT s initial risk assessment of a potentially violent person. Actions such as a fitness-for-duty examination may be necessary to assess the risk more adequately. Such recommendations are made only after consultation with the performance area office s medical director. MODULE 3

101 WORKPLACE VIOLENCE COMPLIANCE KIT 101 TOOL 28: THREAT ASSESSMENT TEAM SURVEY (To be completed by employee who recently had the TAT s help.) Date: Team Member(s) on case: A critical measure of the Threat Assessment Team s (TAT s) performance is the effectiveness of members helping employees and management deal with reported threats, inappropriate behaviour, and other acts of violence. Since you have recently had the TAT s assistance in a particular situation at your facility, your answers to the following questions will help us ensure that proper assistance is being provided. Please complete this questionnaire so that we can continually improve our level of services to the employees in our district. Please return the questionnaire in the provided envelope. Manager, Human Resources Circle appropriate number to reflect your rating with 5 being very helpful and 0 being not helpful at all: How quickly did the TAT respond to your call? How well did the TAT arrive at an objective approach in managing the problem? How well did the TAT identify steps or actions necessary for you to solve the problem? How well did the TAT locate appropriate resources to help resolve the issues? How appropriate were the TAT s recommendations? How well did the TAT handle confidentiality and privacy issues? How well did the TAT demonstrate a competent and professional manner? Did knowing that the TAT existed in your work department give you confidence to decide to report this matter? How effective do you think the steps taken as a result of the TAT s recommendations will be in reducing threats in your workplace in the future? Would you call the TAT for help in the future? F Yes F No 11. In what other ways could the TAT have been of more assistance to you? Please return this survey in the provided envelope to: MANAGER, HUMAN RESOURCES THREAT ASSESSMENT TEAM LEADER [LOCAL ADDRESS] [CITY, STATE, ZIP] MODULE 3

102 102 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29AB: MODEL INCIDENT INVESTIGATION POLICY FOR ALBERTA Background: Under Alberta law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents and accidents to the Directorate of Inspection (Directorate) and/or the Workers Compensation Board (the Board). Definitions: For purposes of this policy: Reportable Accident or Injury means: a. An injury or accident that results in death b. An injury or accident that results in a worker s being ad- mitted to a hospital for more than 2 days c. An unplanned or uncontrolled explosion, fire or flood that causes or has the potential to cause a serious injury d. The collapse or upset of a crane, derrick or hoist e. The collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure f. An accident that results in no or minor injury but which had the potential to result in death or serious injury including, but not limited to near misses* When Accident Investigation Is Required: If a Reportable Accident or Injury occurs at a work site, there shall be an investigation into the circumstances surrounding it. Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the accident or injury before an investigation occurs EXCEPT when necessary to: hh Attend to persons injured or killed; hh Prevent further injuries; and/or hh Protect property endangered as a result of the accident. Conduct of Accident Investigation: The accident investigation shall be conducted by [indicate the person(s) you want to conduct investigation and just make sure that the person(s) has the knowledge and training to do the investigation safely and effectively]. The Company will notify the JHSC or representative of the occurrence and person(s) investigating it. Preparation of Accident Report: Upon completing the investigation, the person investigating the Reportable Accident or Injury shall prepare a report outlining the circumstances of the Reportable Accident or Injury and the corrective action(s) taken, if any, to prevent recurrence. Company shall retain a copy of the report for at least 2 years after the Reportable Accident or Injury. MODULE 3 Reporting of Accidents to Government: The Company shall notify the Government of Alberta as soon as possible after the occurrence of a Reportable Accident or Injury. Notification shall be made to the Directorate and may include any of the following information: a. Location of the Reportable Accident or Injury; b. Site contact person s name, job title and phone number; c. General details of what happened; d. Time and date of Reportable Accident or Injury; e. Employer s name; f. Employer s relationship to worksite, e.g., owner, prime contractor, contractor or supplier; g. Injured worker s name, date of birth and job title; and h. Name and location of hospital to which worker was taken. If the Reportable Accident or Injury occurs at a well site, be prepared to report the following information: a. Name of the rig manager; b. Well site supervisor s name and phone number; c. Name of the drilling company; d. Rig number; and e. Rig phone number. Notify the Directorate even if all the above information is not available. Missing information can be provided later. Caution against Incriminating Information: In completing Accident and Injury Reports, do not list any information that s not required or specifically asked for: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative]. *Not legally required but recommended to be included as a Best Practice.

103 WORKPLACE VIOLENCE COMPLIANCE KIT 103 TOOL 29BC: MODEL INCIDENT INVESTIGATION POLICY FOR BC Background: Under BC law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents and accidents to the Workers Compensation Board (the Board). Definitions: For purposes of this policy: Major release of a hazardous substance means a spill or other release of a gas, liquid or solid that creates a risk to workers health not simply based on the quantity released but on the properties of the substance and the atmospheric conditions at the time of release, e.g., wind conditions. In other words, small releases would be considered major when the substance released is highly toxic, volatile or otherwise threatening to human health. Serious Injury means one that can reasonably be expected at the time of the incident to endanger life or cause permanent injury, including: a. Injuries that result in loss of consciousness b. Incidents such as chemical exposures, heat stress and cold stress that are likely to result in a life threatening condition or cause permanent injury or significant physical impairment c. Traumatic injuries such as: i. Major fractures or crush injuries such as a fracture of the skull, spine or pelvis ii. Multiple, open or compound fractures iii. Fractures to major bones such as the humerus, fibula, tibia, radius or ulna iv. Crushing injuries to the trunk, head or neck, or mul- tiple crush injuries v. An amputation, at the time of the accident, of an arm or leg or a major part of a hand or foot vi. Penetrating injuries to the eye, head, neck, chest, ab- domen or groin vii. Accidents that cause significant respiratory compro- mise or puncture a lung viii. Circulatory shock, i.e., internal hemorrhage, or injury to any internal organ ix. Lacerations that cause severe hemorrhage x. All burns that meet the rapid transport criteria of the Occupational First Aid Training Manual, including: A. Third degree burns to more than 2% of the body surface B. Third degree burns to the face, head or neck C. Burns of any degree that involve complications xi. An asphyxiation or poisoning resulting from in a par- tial or total loss of physical control, e.g., loss of consciousness in a confined space, or a respiratory rate of fewer than 10 breaths per minute or severe dyspnea (difficult or laboured breathing) xii. Decompression illness, or lung over-pressurization during or after any dive or incident of near drowning xiii. Traumatic injuries likely to result in the loss of: A. Sight B. Hearing C. Touch d. Injuries requiring a critical intervention such as CPR, arti- ficial ventilation or control of hemorrhaging or treatment beyond First Aid, such as the intervention of Emergency Health Services personnel, a physician and subsequent surgery or admittance to an intensive care unit. When Accident Investigation Is Required: There shall be an immediate investigation of any workplace accidents or incidents (other than those involving a vehicle that occur on a public street or highway that are investigated by the police) that: a. b. c. Result in a worker s death; Result in serious injury to a worker, as defined above; Result in injury to a worker requiring medical treatment; d. Involve minor or no injuries but which had the potential to result in more serious injury including but not limited to near misses; e. Involve a major structural failure or collapse of a bridge, building, tower, crane, hoist, temporary construction support or excavation; f. Involve a major release of a hazardous substance, as de- fined above; g. Involve a blasting accident resulting in injury or an un- usual event involving explosives; and/or h. Involve a diving incident that causes death, injury or de- compression sickness requiring treatment. Continued on Page 104 MODULE 3

104 104 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29BC: MODEL INCIDENT INVESTIGATION POLICY FOR BC, Cont'd Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the accident or injury before an investigation occurs EXCEPT when necessary to: hh Attend to persons injured or killed; hh Prevent further injuries or death; and/or hh Protect property endangered as a result of the accident. Conduct of Accident Investigation: The accident investigation shall be conducted by a competent person familiar with the work. The Company will notify the JHSC or health and safety representative of the occurrence and person(s) investigating and, if reasonably practicable, allow the JHSC or health and safety representative to participate in the investigation. Preparation of Accident Report: Within 24 hours of completing the investigation, the person investigating shall prepare a report that: a. Identifies the causes both immediate and root of the accident; and b. Recommends corrective action(s) to prevent a recurrence. Reporting of Accidents to Government: The Company shall immediately notify the Board in writing of the accident. Such notification must list the following information and only the following information: a. The place, date and time of the accident; b. Names & job titles of persons injured in the accident; c. Names of witnesses; d. A brief description of the accident; e. A statement of sequence of events that preceded the accident; f. The identified unsafe conditions, acts or procedures that contributed to the incident; g. Corrective actions recommended to prevent similar inci- dents; and h. Name of person(s) who investigated the incident. Company shall also submit a copy of the report it provides to the Board to the JHSC or rep. Accident Reporting Reporting Injuries for Claims: The obligation to report accidents involving fatal and serious injury under BC law and this Policy is not to be confused with submitting injury reports in connection with claims. In other words, submitting a Form 7 to report an injury with regard to a claim does NOT satisfy the duty to report fatal and serious injuries to the Board. Caution against Incriminating Information: In completing accident reports for the Board, do not list any information that s not required or specifically asked for: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative]. MODULE 3

105 WORKPLACE VIOLENCE COMPLIANCE KIT 105 TOOL 29F: MODEL INCIDENT INVESTIGATION POLICY FOR COMPANIES THAT ARE SUBJECT TO FEDERAL OHS REGULATIONS Background: Under Federal law, ABC Company [Company] is required to report certain kinds of workplace incidents and accidents to Human Resources and Skill Development Canada (HRSDC) authorities, the Joint Health and Safety Committee (JHSC) or health and safety representative (representative). Definitions: For purposes of this Policy: Disabling injury means one that: hh Prevents the employee from reporting to work or effec- tively doing all his job duties on any day after the injury, even if that day isn t a work day; or hh Results in the loss of a body member or part of a body member or the complete loss of the usefulness of a body member or part of a member; or hh Results in permanent impairment of a body function. When Accident Investigation Is Required: There shall be an immediate investigation of any and all workplace accidents (other than one involving a vehicle that occurs on a public street or highway which will be investigated by the police), occupational illnesses and other hazardous occurrences involving: hh An employee s death; hh A disabling injury to 2 or more employees; hh Employee s loss of a body member or part of a body member or complete loss of the member s usefulness; hh Permanent impairment of an employee s body function; hh An explosion; hh Damage to a boiler or pressure vessel that ruptures it or results in fire; hh Any damage to an elevating device that renders it un- serviceable; hh The free falling of an elevated device; or hh Any other incident or occurrence where no or only mi- nor injury or property damage was involved but had the potential to be much worse, including but not limited to near misses. Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the accident before an investigation occurs EXCEPT to: hh Save a life, prevent injury or relieve human suffering; hh Maintain an essential public service; or hh Prevent unnecessary damage or loss of property. Conduct of Accident Investigation: The accident investigation shall be conducted by [indicate the person(s) you want to conduct investigation and just make sure that the person(s) has the knowledge and training to do the investigation safely and effectively]. The Company will notify the JHSC or representative of the occurrence and person(s) investigating it. Preparation of LAB 1070: Upon completing its investigation, the Company shall complete an accident report on HRSDC LAB Form 1070 if the accident results in: hh A disabling injury to an employee; hh Electric shock, toxic or oxygen-deficient atmosphere that caused employee to lose consciousness; hh Use of rescue, revival or similar emergency procedures; or hh Fire or explosion. Distribution of LAB 1070: The Company shall distribute a copy of the completed LAB to: hh A health and safety officer at the regional or district HRS- DC office within 14 days the incident occurred; and hh The JHSC or health/safety representative immediately. LAB 1009 Reporting: By March 1 of each year, the Company shall submit LAB 1009 Employer Annual Hazardous Occurrence Reports to the HRSDC setting out the number of accidents, occupational diseases and other hazardous occurrences affecting employees in the course of employment since December 31 of the preceding year. Caution against Incriminating Information: In completing accident reports for the HRSDC and JHSC or representative as required in this Policy, do not list any information that s not required or specifically asked for: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative]. MODULE 3

106 106 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29MB: MODEL INCIDENT INVESTIGATION POLICY FOR MANITOBA Background: Under Manitoba law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents and accidents to the government Workplace Safety and Health Division (Division). 1. Definitions: For purposes of this policy: Serious Incident means one: a. In which a worker is killed; b. In which a worker suffers: i. An injury resulting from electrical contact; ii. Unconsciousness as the result of a concussion; iii. A fracture of the skull, spine, pelvis, arm, leg, hand or foot; iv. Amputation of an arm, leg, hand, foot, finger or toe; v. Third degree burns; vi. Permanent or temporary loss of sight; vii. A cut or laceration that requires medical treatment at a hospital (as defined by the Manitoba Health Services Insurance Act); or viii. Asphyxiation or poisoning; or c. That involves: i. The collapse or structural failure of a building, struc- ture, crane, hoist, lift, temporary support system or excavation; ii. An explosion, fire or flood; iii. An uncontrolled spill or escape of a hazardous sub- stance; or iv. The failure of an atmosphere-supplying respirator. 2. When Accident Investigation Is Required: There shall be an immediate investigation of any: a. Serious Incident, as defined above; b. Accident or other dangerous occurrence: i. That injures a person and requires the person to re- ceive medical treatment; or ii. That had the potential to cause a Serious Incident, in- cluding but not limited to a near miss. 3. Preservation of Incident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the incident for at least 24 hours after notice is provided to the Division under Section 6 of this Policy EXCEPT when necessary to: a. Free a trapped person; or b. Avoid the creation of an additional hazard. 4. Conduct of Incident Investigation: The incident investigation shall be conducted by: a. The chairperson or designates of the Joint Health and Safety Committee (JHSC) for the workplace; b. A Company representative and the Health and Safety Representative (Representative); or c. If there is no JHSC or Representative for the workplace, a Company representative in the presence of a worker employed at the workplace who is not part of Company management. 5. Preparation of Incident Report: After completing the incident investigation, the investigator shall prepare a written report that includes the following: a. The name of the person injured or killed; b. The date, time and place of the incident; c. A description of the incident; d. Any graphics, photographs or other evidence that may help to determine the cause(s) of the incident; e. A factual as opposed to subjective or speculative ex- planation of the cause of the incident; f. Any immediate corrective action(s) taken to prevent a re- currence; g. Any long-term action(s) to be taken to prevent a recur- rence or an explanation of why such action will not be taken. 6. Reporting of Incidents to Division: The Company shall immediately and by the fastest means of communication available notify the Division in writing of the incident and provide the following information and only the following information: a. The name and address of each person involved in the in- cident; b. The name and address of the Company if the victim is a Company employee or the name and address of the victim s employer if he/she is not a Company employee; c. Names and addresses of witnesses; d. The date, time and location of the incident; Continued on Page 107 MODULE 3

107 WORKPLACE VIOLENCE COMPLIANCE KIT 107 TOOL 29MB: MODEL INCIDENT INVESTIGATION POLICY FOR MANITOBA, Cont'd A statement of sequence of events that preceded the ac- cident; and The apparent cause of the incident and the circumstances that gave rise to it. e. f. hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. Company shall immediately notify the Division upon becoming aware that the information furnished in accordance with the above Section is inaccurate or incomplete. 7. Accident Reporting Reporting Injuries for Claims: Company shall retain the reports created under this Policy for at least 5 years. 8. Caution against Incriminating Information: In completing an incident report for the Division, do not list any information that s not required or specifically asked for: hh If the cause of the accident or incident is not known, state this in the report; 9. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 10. Contact Information: If you have any questions regarding the investigation of incidents, please ask [list name of company representative]. MODULE 3

108 108 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29NB: MODEL INCIDENT INVESTIGATION POLICY FOR NEW BRUNSWICK Background: Under New Brunswick law, ABC Company (Company) is required to report certain kinds of workplace accidents and injuries to the Joint Health and Safety Committee (JHSC) or Health and Safety Representative (Representative) and WorkSafeNB. 1. Definitions: For purposes of this policy: Reportable Incident means an incident where an employee is injured in a manner that causes or may cause: a. A fatality; b. Loss of limb; c. Occupational illness; and d. The need for hospitalization 2. When Accident Investigation Is Required: There shall be an immediate investigation of any Reportable Incident, including those that had the potential to but didn t actually cause fatality, serious injury or occupational illness, including but not limited to near misses. An investigation is not required if the Reportable Incident occurs in a vehicle on a public road or highway. 3. Preservation of Incident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of an accident that results in death or serious injury EXCEPT when necessary to: a. Attend to persons injured or killed; b. Prevent further injuries; or c. Protect property endangered as a result of the accident. 4. Conduct of Incident Investigation: The incident investigation shall be conducted by a competent person familiar with the work. 5. Preparation of Incident Report: After completing the incident investigation, the investigator shall prepare a written report that lists the immediate and root causes of the accident and any corrective actions taken to prevent a recurrence. a. The name and address of each person involved in the in- cident; b. The name and address of the Company if the victim is a Company employee or the name and address of the victim s employer if he/she is not a Company employee; c. Names and addresses of witnesses; d. The date, time and location of the incident; and e. A brief description of the incident. f. The apparent cause of the incident and the circumstances that gave rise to it. 7. Caution against Incriminating Information: In completing accident reports in accordance with Section 6 of this Policy: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. 8. Workers Compensation Reporting: Company shall complete a Form 67, Report of Accident or Occupational Disease for all accidents that may entitle the worker to compensation or medical aid and submit it to WorkSafeNB within 3 days. 9. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 10. Contact Information: If you have any questions regarding the investigation of incidents, please ask [list name of company representative]. 6. Reporting of Incidents: The Company shall immediately notify WorkSafeNB and the JHSC or Representative when a Reportable Incident occurs, except for a Reportable Incident that occurs in a vehicle on a public road or highway. Notification to WorkSafeNB must be provided within 24 hours in the event of an accidental explosion or exposure to a biological, chemical or physical agent. Notification shall list the following information and only the following information: MODULE 3

109 WORKPLACE VIOLENCE COMPLIANCE KIT 109 TOOL 29NL: MODEL INCIDENT INVESTIGATION POLICY FOR NEWFOUNDLAND & LABRADOR Background: Under Newfoundland and Labrador law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents and accidents to the Government and to the Joint Health and Safety Committee (JHSC), Health and Safety Representative (Representative) or, if no JHSC or Representative exists, the Workplace Health and Safety Designate (Designate). 1. Definitions: For purposes of this policy: Serious Injury is one that: a. Places life in jeopardy; b. Produces unconsciousness; c. Results in substantial loss of blood; d. Involves the fracture of a leg or arm (but not a finger or toe); e. Involves the amputation of a leg, arm, hand, foot, finger or toe; f. Consists of burns to a major portion of the body; or g. Causes the loss of sight in one eye. 2. Immediate Notification of Assistant Deputy Commissioner: The Company shall immediately notify the Assistant Deputy Commissioner, as well as the JHSC, Representative or Designate of any accident that has or had the reasonable potential to cause: a. Death; b. A fracture of the skull, spine, pelvis, femur, humerus, fibula or tibia, or radius or ulna; c. Amputation of a major part of a hand or foot; d. The loss of sight of an eye; e. A serious internal hemorrhage; f. A burn that requires medical attention; g. An injury caused directly or indirectly by explosives; h. An asphyxiation or poisoning by gas resulting in partial or total loss of physical control; or i. Another injury likely to endanger life or cause permanent injury. Immediate notification is not required with regard to injuries that may be treated through first aid or medical treatment where the worker is able to return to work either immediately after treatment or for his/her next scheduled shift. 3. Preservation of Incident Scene: If an incident or injury occurs that must be reported in accordance with Section 1 above, workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the incident EXCEPT when necessary to: a. Attend to persons injured or killed; b. Prevent further injury; or c. Protect property endangered as a result of the incident. 4. When Incident Investigation Is Required: There shall be an immediate investigation of any incident that must be reported under Section 2 of this Policy. The incident investigation shall be conducted by a competent person familiar with the work and: a. Determine the cause of the incident both root and im- mediate; and b. Recommend corrective action(s) to prevent a recurrence. 5. Preparation of Incident Report: After completing the incident investigation, the investigator shall prepare a written report that includes the following: a. The name of the person injured or killed; b. The date, time and place of the incident; c. A description of the incident; d. Any graphics, photographs or other evidence that may help to determine the cause(s) of the incident; e. A factual as opposed to subjective or speculative ex- planation of the cause of the incident; f. Any immediate corrective action(s) taken to prevent a re- currence; g. Any long-term action(s) to be taken to prevent a recurrence or an explanation of why such action will not be taken. 6. Written Notification of Serious Injuries: The Company shall within 3 days after an accident that results in Serious Injury, as defined in Section 1 above, notify the Minister in writing of the accident and list the following information: a. The nature of the accident; b. The time and place of the accident; Continued on Page 110 MODULE 3

110 110 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29NL: MODEL INCIDENT INVESTIGATION POLICY FOR NEWFOUNDLAND & LABRADOR, Cont'd c. The name and address of the worker injured; and d. The name and address of the physician who treated or is treating the worker for the injury. 7. Immediate Notification of Fatality: Company shall immediately notify the Minister by telephone or any other means of communication readily available of a fatality. 8. Follow-Up Written Report of Fatality: Company shall provide a written report of the fatality to the Minister within 5 days. 9. Notification of WHSCC: Company shall notify the Newfoundland Workplace Health and Safety Compensation Commission (WHSCC) in writing within 3 days after an accident to a worker suffered during his or her employment as a result of which the worker is disabled from full wages or the worker is entitled to medical aid. Such notice shall list: a. The occurrence of the injury and its nature; b. The time and place it occurred; c. The name and address of the worker; d. The name and address of the treating doctor; and e. Any other particulars the WHSCC requests. 10. Caution against Incriminating Information: In completing reports for the Government under this Policy: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or incidents. 11. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 12. Contact Information: If you have any questions regarding the investigation of incidents, please ask [list name of company representative]. MODULE 3

111 WORKPLACE VIOLENCE COMPLIANCE KIT 111 TOOL 29NS: MODEL INCIDENT INVESTIGATION POLICY FOR NOVA SCOTIA Background: Under Nova Scotia law, ABC Company (Company) is required to investigate and report certain kinds of workplace accidents to the Government and to the Joint Health and Safety Committee (JHSC) or Health and Safety Representative (Representative) Hour Notification of Accidents: The Company shall notify Nova Scotia Labour and Workforce Development in writing within 24 hours: a. Of a workplace accident or explosion regardless of wheth- er anybody is injured; and b. Where a person is killed at the workplace from any cause; and c. Where a person is injured from any cause in a manner likely to prove fatal Day Notification: The Company shall notify Nova Scotia Labour and Workforce Development in writing within 7 days of a fire or accident at the workplace that results in bodily injury to an employee: 3. Workers Compensation Board Notification: Company shall submit a WCB Accident Report to the Workers Compensation Board (WCB) for all work-related accidents resulting in the employee s death or need for medical attention and/or loss of time from work or loss of earnings within 5 business days. Such notice shall list: a. The fact that the accident occurred; b. The nature of the accident; c. The name and address of the worker; d. The place the accident occurred; e. The name and address of the physician or surgeon who attended the worker; f. The name and address of the hospital or other healthcare institution, if any, that attended to the worker; and g. Any other information the WCB requires. 4. Use of WCB Accident Form to Notify Labour and Workforce Development: If an accident that must be reported to Nova Scotia Labour and Workforce Development under Sections 1 and 2 of this Policy must also be reported to the WCB, the Company may use a true copy of the WCB Accident Form to provide notification to Labour and Workforce Development. 5. Notification of JHSC or Representative: Where notification of accident is required to Nova Scotia Labour and Workforce Development under Sections 1 or 2 above, Company shall also provide a copy of the notice to the JHSC or Representative. 6. Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of an accident resulting in serious injury or death EXCEPT when necessary to: a. b. c. Attend to persons injured or killed; Prevent further injury; or Protect property endangered as a result of the accident. 7. When Accident Investigation Is Required: There shall be an immediate investigation of any accident that must be reported under the terms of this Policy. The incident investigation shall be conducted by a competent person familiar with the work and: a. Determine the cause(s) of the accident both root and immediate; and b. Recommend corrective action(s) to prevent a recurrence. 8. Preparation of Incident Report: After completing the accident investigation, the investigator shall prepare a written report that includes the following: a. b. c. The name of the person injured or killed; The date, time and place of the incident; A description of the incident; d. A factual as opposed to subjective or speculative ex- planation of the cause of the incident; and e. Corrective action(s) taken to prevent a recurrence. 9. Caution against Incriminating Information: In completing reports for the Government under this Policy: hh If the cause of the accident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents. 10. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 11. Contact Information: If you have any questions regarding the investigation of accidents, please ask [list name of company representative]. MODULE 3

112 112 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29ON: MODEL INCIDENT INVESTIGATION POLICY FOR ONTARIO Background: Under Ontario law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents and accidents to the Ontario Ministry of Labour (MOL), the Workplace Safety and Insurance Board (WSIB), the Joint Health and Safety Committee (JHSC) or Health and Safety Representative (Representative) and the union. 1. Definitions: For purposes of this policy: Critically injured means an injury of a serious nature that: a. Places life in jeopardy b. Produces unconsciousness c. Results in substantial loss of blood d. Involves the fracture of an arm or leg, but not a finger or toe e. Involves the amputation of an arm, hand or leg, but not a finger or toe f. Consists of a burn to a major portion of the body OR g. Causes the loss of sight in one eye. 2. When Accident Investigation Is Required: There shall be an immediate investigation of any workplace accidents or incidents (other than those involving a vehicle that occur on a public street or highway that are investigated by the police) that: a. b. c. Result in a worker s death; Result in injury to a worker requiring medical treatment; Cause only minor or no injury but had the potential to cause serious injury including but not limited to near misses. 3. Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of the accident or injury before an investigation occurs EXCEPT when necessary to: hh Save life or relieve human suffering; hh Maintain an essential public utility service or public transportation system; and/or hh Prevent unnecessary damage to equipment or other property. 4. Conduct of Accident Investigation: The accident investigation shall be conducted by a competent person familiar with the work. The Company will notify the JHSC or health and safety representative of the occurrence and person(s) investigating and, if reasonably practicable, allow the JHSC or health and safety representative to participate in the investigation. 5. Preparation of Accident Report: Within 24 hours of completing the investigation, the person investigating shall prepare a report that: a. Identifies the causes both immediate and root of the ac- cident including but not limited to any unsafe conditions, acts or procedures that contributed to the accident; and b. Recommends corrective action(s) to prevent a recurrence. 6. Notification to MOL: Company shall immediately notify the MOL, JHSC, Representative and union by phone, telegram or other direct means of any accidents or incidents involving death or critical injury as defined above. 7. MOL Accident Reporting Fatal & Critical Injuries: Company shall within 48 hours of learning of an accident or incident involving a fatal or critical injury submit a written report to the MOL that lists the following information and only the following information: a. The name of the employer and constructor (if the work in- volves construction); b. The nature and circumstances of the injury; c. A description of the machinery and equipment involved; d. The time and date of the accident or incident; e. The name and address of the victim(s), witness(es) and treat- ing doctor(s); and f. Steps taken to prevent a recurrence of the incident or accident. Company shall also submit a copy of the above MOL report to the JHSC, representative and union within 48 hours. 8. MOL Accident Reporting Disabling Injuries: Company shall within 4 days of learning of an accident or incident involving a disabling but less than fatal or critical injury submit a written report to the MOL that lists the following information and only the following information: a. b. c. d. e. f. The employer s name, address and type of business; The nature and circumstances of the occurrence; description of the machinery and equipment involved; The time and place of the accident or incident; The name and address of the victim(s), witness(es) and treating doctor(s); and Steps taken to prevent a recurrence of the incident or accident. Continued on Page 113 MODULE 3

113 WORKPLACE VIOLENCE COMPLIANCE KIT 113 TOOL 29ON: MODEL INCIDENT INVESTIGATION POLICY FOR ONTARIO, Cont'd 9. Records of Fatal, Critical and Disabling Injuries: Company shall keep in its permanent records for at least one year, a record of accidents involving fatal, critical or disabling injuries that lists: a. The nature and circumstances of the injury; b. The time and place of the injury; c. The name and address of the victim(s); and d. Steps taken to prevent a recurrence. 10. MOL Accident Reporting Other Incidents and Accidents: [Insert only if the work involves construction. ] Company shall also report in writing to the MOL any accident or incident that doesn t involve a fatal, critical or disabling injury but involves: a. A worker s fall of 3 or more metres in vertical distance; b. A worker s fall that was arrested by a fall arrest system other than a fall restricting system; c. A worker s becoming unconscious for any reason; d. Accidental contact by worker or worker s tool with ener- gized electrical equipment; e. Accidental contact by a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment or its load with energized electrical conductor of more than 750 volts; f. Structural failure of all or part of falsework designed by professional engineer; g. Structural failure of principal supporting member, includ- ing a column, beam, wall or truss of structure; h. Failure of all or part of structural supports of a scaffold; i. Structural failure of all or part of earth- or water-retaining structure, including failure of temporary or permanent supports for a shaft, tunnel, caisson, cofferdam or trench; j. Failure of a wall of an excavation or similar earthwork re: a professional engineer has given a written opinion that wall is stable; k. Overturning or structural failure of all or part of a crane or similar hoisting device. 11. WSIB Accident Reporting: Company shall submit to the WSIB on WSIB Form 7 or another WSIB-approved form within 7 days a report of accidents to Company workers that: a. Require the worker to receive medical treatment; or b. Result in the worker s being unable to earn full wages for more than 7 calendar days after the accident due to the worker s: i. Absence from work; ii. Earning less than regular pay for regular work; iii. Need for modified work at less than regular pay; or iv. Need for modified work at regular pay. 12. Caution against Listing Incriminating Information: In completing any of the above accident or incident reports for submission to the MOL or WSIB, you must list the information spelled out in this Policy (or, in the case of WSIB reports, asked for on the WSIB Form 7) and only that information. Do not list any information that s not required or specifically asked for: hh If the cause of the accident or incident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents or in- cidents. 13. Questions: If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative]. MODULE 3

114 114 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29PE: MODEL INCIDENT INVESTIGATION POLICY FOR PRINCE EDWARD ISLAND Background: Under Prince Edward Island law, ABC Company (Company) is required to investigate and report certain kinds of workplace accidents to the Government and to the Joint Health and Safety Committee (JHSC) or Health and Safety Representative (Representative) Hour Notification of Accidents: The Company shall notify the Occupational Health and Safety Division of the Prince Edward Island Workers Compensation Board (WCB) in writing by the fastest means available and within 24 hours of an accident involving a worker that occurs in the workplace which causes or may cause: a. A fatality; b. A loss of limb; c. Unconsciousness; d. Substantial loss of blood; 4. When Incident Investigation Is Required: There shall be an immediate investigation of any accident that must be reported under the terms of this Policy as well as of near misses. The accident investigation shall be conducted by a competent person familiar with the work to determine the cause(s) of the accident both root and immediate and recommend corrective action(s) to prevent a recurrence. 5. WCB Notification: Company shall submit an Employer s Report Form 7 to the WCB for all work-related accidents resulting in the employee s death or need for medical attention regardless lost time or no lost time within 3 days of learning of the accident. Reportable accidents include injuries or illnesses that occur over a period of time, as well as those covered by a single event. e. f. g. h. A fracture; Amputation of a leg, arm, hand or foot; A burn to a major portion of the body; or The loss of sight in an eye. 6. Caution against Incriminating Information: In completing reports for the Government under this Policy: hh If the cause of the accident is not known, state this in the report; The Company shall also provide a written report to the OHS Division of the WCB of accidental explosions regardless if anybody is injured. 2. Notification of JHSC or Representative: Company shall notify the JHSC or Representative when it reports an accident in accordance with Section Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of an accident resulting in serious injury or death EXCEPT when necessary to: hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents. 7. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. a. b. c. Attend to persons injured or killed; Prevent further injury; or Protect property endangered as a result of the accident. 8. Contact Information: If you have any questions regarding the investigation of accidents, please ask [list name of company representative]. MODULE 3

115 WORKPLACE VIOLENCE COMPLIANCE KIT 115 TOOL 29QC: MODEL INCIDENT INVESTIGATION POLICY FOR QUEBEC Background: Under Québec law, ABC Company (Company) is required to investigate and report certain kinds of workplace incidents to the Commission de la Santé et de la Sécurité du Travail (CSST) as well as to the Joint Health and Safety Committee (JHSC) or Health and Safety Representative (Representative) Hour Notification of Accidents: : The Company shall notify the CSST by the (fastest means of communication available and within 24 hours make a written report of an incident that has caused: a. The death of a worker; b. The loss of a limb or part of a limb; c. The total or partial loss of the use of a limb; d. A significant physical trauma to the worker; or e. Material damage valued at $150,000 or more (using the valuation method specified in Sections 119 to 123 of the Québec Act respecting industrial accidents and occupational diseases. 2. Notification of JHSC or Representative: Company shall without delay notify the JHSC or Representative and the union of any incidents it reports to CSST in accordance with Section Preservation of Incident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of an incident so that the scene remains unchanged until it s investigated by the CSST resulting in serious injury or death EXCEPT when necessary to prevent an aggravation of the consequences of the incident including but not limited to: a. Attending to persons injured or killed; b. Preventing further injury; or c. Protecting property endangered as a result of the acci- dent. 4. When Incident Investigation Is Required: There shall be an immediate investigation of any incident that must be reported under the terms of this Policy as well as of near misses. The accident investigation shall be conducted by a competent person familiar with the work to determine the cause(s) of the accident both root and immediate and recommend corrective action(s) to prevent a recurrence. 5. Employer Notification for Workers Compensation: Company shall within two working days after an accident in which a worker employed by the Company is disabled from earning full wages or which necessitates medical aid, notify the CSST in writing of: a. b. c. d. e. f. The happening of the accident and its nature; The time it occurred; The full name and address of the worker; The place the accident happened; The name and address of the physician or surgeon who attended the worker for the injury; and Any other information the CSST requires. 6. Caution against Incriminating Information: In completing reports for the CSST under this Policy: hh If the cause of the accident is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident; and hh Do not assign blame or responsibility for accidents. 7. General Policy: Workers are not only encouraged but required to report any accidents, incidents, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 8. Contact Information: If you have any questions regarding the investigation of accidents, please ask [list name of company representative]. MODULE 3

116 116 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 29SK: MODEL INCIDENT INVESTIGATION POLICY FOR SASKATCHEWAN Background: Under Saskatchewan law, ABC Company (Company) is required to investigate and report certain kinds of workplace accidents, dangerous occurrences and injuries to the Occupational Health and Safety Division of the Ministry of Advanced Education, Employment and Labour (Division) and the Workers Compensation Board (the Board). 1. Definitions: For purposes of this policy: Dangerous Occurrence means a near miss accident at the workplace that didn t actually result in but could have resulted in a worker s death or an injury requiring the worker to be admitted to a hospital as an inpatient for 72 hours or more. Such occurrences include but are not limited to: a. The structural failure or collapse of: i. A structure, scaffold, temporary falsework or concrete formwork; or ii. All or any part of an excavated shaft, tunnel, caisson, cofferdam, trench or excavation. b. The failure of a crane or hoist; c. The overturning of a crane or unit of powered mobile equipment; d. An accidental contact with an energized electrical conductor; e. The bursting of a grinding wheel; f. An uncontrolled spill or escape of a toxic, corrosive or ex- plosive substance; g. A premature or accidental detonation of explosives; h. The failure of an elevated or suspended platform; and i. The failure of an atmosphere-supplying respirator. 2. When Accident Investigation Is Required: Company shall as soon as is reasonably possible, investigate any accident at the workplace that causes or may cause the death of a worker or that requires a worker to be admitted to a hospital as an inpatient for 24 hours or more. 3. Preservation of Accident Scene: Workers, supervisors and others shall refrain from touching anything or taking any other actions that disturb the scene of an accident causing a death before a government officer has completed an investigation EXCEPT: a. When necessary to save life or relieve human suffering; or b. The government officer grants permission to do so. 4. Who Conducts Accident Investigation: : The accident investigation shall be conducted by: a. The co-chairpersons of the Joint Health and Safety Com- mittee (JHSC) or the person(s) the co-chairpersons designate; b. The Company and the Health and Safety Representative (Representative); or c. If there is no JHSC or Representative, the Company. 5. Preparation of Accident Report: After the investigation, the investigator, in consultation with the Company if the investigation is performed by the JHSC co-chairs, shall prepare a written report that includes: a. A description of the accident; b. Any graphics, photographs or other evidence that may help determine the cause(s) of the accident; c. An explanation of the causes of the accident both root and immediate; d. Immediate corrective action taken; and e. Any long-term action that will be taken to prevent a re- currence or an explanation of why such long-term action will not be taken. 6. Giving Notice of Accidents to Government: If the workplace accident causes or may cause a worker s death or will require a worker to be admitted to a hospital as an inpatient for 72 hours or more, Company shall as soon as reasonably possible give notice to the Division in writing directed and delivered to the director or officer personally by fax, courier or post. Such notification must list the following information and only the following information: a. b. c. d. e. The name, phone number and fax number of the Com- pany or a contact person designated by the Company to be contacted for more information. f. The name of each worker injured or killed; The name of the employer of each worker injured or killed; The date, time and location of the accident; The circumstances related to the accident; The apparent injuries; and The Company shall provide a copy of the notice to the JHSC co-chairpersons or Representative. Continued on Page 117 MODULE 3

117 WORKPLACE VIOLENCE COMPLIANCE KIT 117 TOOL 29SK: MODEL INCIDENT INVESTIGATION POLICY FOR SASKATCHEWAN, Cont'd 7. When Dangerous Occurrence Investigation Is Required: Company shall as soon as is reasonably possible, investigate any dangerous occurrence as defined in Section 1 above. 8. Who Conducts Dangerous Occurrence Investigation: The dangerous occurrence investigation shall be conducted by: a. The co-chairpersons of the JHSC or the person(s) the co- chairpersons designate; b. The Company and the Representative; or c. If there is no JHSC or Representative, the Company. 9. Preparation of Dangerous Occurrence Report: After the investigation, the investigator, in consultation with the Company if the investigation is performed by the JHSC co-chairs, shall prepare a written report that includes: a. A description of the dangerous occurrence; b. Any graphics, photographs or other evidence that may help determine the cause(s) of the dangerous occurrence; c. An explanation of the causes of the dangerous occur- rence both root and immediate; d. Immediate corrective action taken; and e. Any long-term action that will be taken to prevent a re- currence or an explanation of why such long-term action will not be taken. 10. Giving Notice of Dangerous Occurrence to Government: Company shall as soon as reasonably possible give notice of the dangerous occurrence to the Division in writing directed and delivered to the director or officer personally by fax, courier or post. Such notification must list the following information and only the following information: a. The name of each employer, contractor and owner at the workplace; b. The date, time and location of the dangerous occurrence; c. The circumstances related to the dangerous occurrence; and d. The name, phone number and fax number of the Com- pany or a contact person designated by the Company to be contacted for more information. The Company shall provide a copy of the notice to the JHSC co-chairpersons or Representative. 11. Reporting Injuries to the WCB: The Company shall within 5 days of becoming aware of them, notify the WCB in writing of any injury which prevents a worker from earning full wages or which necessitates medical aid. Such notice shall list: a. The nature, cause and circumstances of the injury; b. The time of the injury; c. The name and address of the injured worker; d. The place the injury occurred; e. The name and address of the physician who attended the injured worker; and f. Any further information about the injury or the workers compensation claim required by the WCB. 12. Caution against Incriminating Information: In completing accident, dangerous occurrence and injury reports for the Board, do not list any information that s not required or specifically asked for: hh If the cause of the accident, dangerous occurrence or in- jury is not known, state this in the report; hh Do not speculate or advance theories on what might have caused the accident, dangerous occurrence or injury; and hh Do not assign blame or responsibility for accidents, dan- gerous occurrences or injuries. 13. General Policy: Workers are not only encouraged but required to report any accidents, dangerous occurrences, injuries, illnesses, hazardous or potentially hazardous conditions in the workplace to their supervisor or another Company official and assured that they will not suffer any punishment, retaliation, reprisal or adverse action if they do so. 14. Contact Information: If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative]. MODULE 3

118 118 WORKPLACE VIOLENCE COMPLIANCE KIT 1) Basic Information TOOL 30: WITNESS STATEMENT FORM Name of witness: Position/title: Name of employer: Date of incident: Date of statement: 2) Statement of Observations and Facts Where were you when the incident occurred? (Draw a sketch on the next page if it is helpful to show where you were in comparison to the incident location.) Describe what you saw, heard, smelled, felt or tasted immediately before the incident. Describe what you saw, heard, smelled, felt or tasted during the incident. Describe what you saw, heard, smelled, felt or tasted immediately after the incident. 3) Sketch of Incident Scene Draw a sketch if it is helpful to describe your observations or show where you were when the incident occurred. 4) Other Comments about the Incident MODULE 3

119 WORKPLACE VIOLENCE COMPLIANCE KIT 119 TOOL 31: INCIDENT INVESTIGATION REPORT Company or division: Department: Location: Date: Time: AM PM Reported to OH&S: F Yes F No Date reported: Contact & phone no: Injury or illness: Type of accident (fall, cut, etc.): Property damage: Name of injured worker(s): Description: Description: Experience: Severity of damage/loss: Occupation: Object or substance inflicting harm: Collateral damage to equipment/object/ substance related to accident: Exact location of accident: Part(s) of body affected: Person in control of activity: Supervisor: Seriousness of illness or injury: Number of work days lost: Summarize how the accident happened: Summarize the direct cause: Summarize the indirect and root causes: Continued on Page 120 MODULE 3

120 120 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 31: INCIDENT INVESTIGATION REPORT, Cont'd What actions are recommended to control immediate causes of accident: What actions are recommended to control root causes of accident: Make a sketch of the accident site: Physical evidence collected Condition Where stored Contact person Witnesses identified Where & when witnesses work Phone numbers Investigator(s) Position(s) Signature(s) and date 1) 2) 3) MODULE 3

121 WORKPLACE VIOLENCE COMPLIANCE KIT 121 TOOL 32: PROGRESSIVE DISCIPLINE POLICY PROGRESSIVE DISCIPLINE POLICY 1. General Policy: Employees who violate ABC Company and site safety rules and procedures and/or [province name] Occupational Health and Safety laws, regulations and rulings, including the Company s Workplace Violence and Harassment Policies, shall be subject to discipline in accordance with the following progressive discipline policy. 2. Verbal Warnings. Employees who commit a first offence will receive one verbal warning. Upon receiving a verbal warning, the employee will be given an explanation of the infraction and corrective action required, an opportunity to explain and notification that further offences will result in more serious penalties. A note stating that the verbal warning was given listing the time, date and reason will be kept in the employee s personnel file. 3. Written Warnings. Second offences will result in a written warning which will be recorded on the ABC Company disciplinary log. A copy of the warning will be sent to the employee, the ABC Company head office, the union and the OHS officer in charge of the site and be kept in the employee s personnel file. 5. Termination. Fourth offences will result in immediate termination. The supervisor responsible for the employee will be informed immediately and he/she will remove the employee from the site. A copy of the termination notice will be sent to the employee, ABC head office, the union and OHS officer in charge. In addition, the employee shall be given an opportunity to contest the dismissal at a hearing as required by the collective agreement. 6. Acts of Violence and Harassment Considered Serious Offences. In the event employees engage in severe offences of a dangerous nature, ABC Company may impose more serious penalties up to and including immediate termination without following the sequence provided under this progressive discipline policy. Unless circumstances, in management s judgment suggest otherwise, violations of the ABC Company workplace violence and harassment policies will be treated as serious offences warranting the imposition of severe penalties even without prior warning. 4. Suspensions. Third offences will result in suspension for a period considered appropriate under the circumstances. A copy of the suspension notice will be sent to the employee, ABC Company head office, the union and the OHS officer in charge of the site and kept in the employee s personnel file. MODULE 3

122 122 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 33: HEALTH & SAFETY WORK REFUSAL PROCEDURE PURPOSE To outline the procedure to resolve ``work refusals" due to workplace safety hazards or incidents at ABC Company. DEFINITIONS Certified member: a joint health and safety committee member who is certified in accordance with the (province`s OHS Act). Dangerous circumstances: a situation in which a provision of the Act or the regulations is being contravened; the contravention poses a danger or a hazard to a worker and the danger or hazard is such that any delay in controlling it may seriously endanger a worker. Incident: an unusual occurrence in the workplace that could have resulted in harm to people or property if circumstances had been slightly different. Also called a "near-miss". Safety hazard: something that has the potential to cause physical harm to people or damage to property. POLICY 1. An employee shall notify his or her immediate supervisor forthwith, i.e. within a few minutes, that he or she is refusing to perform unsafe work due to dangerous circumstances. Work shall cease because of an "OHSA work refusal" and the workplace shall be secured. 2. The " OHSA work refusal" and the dangerous circumstances shall be investigated at the earliest opportunity by the following investigation team: hh the employee; hh the employee's immediate supervisor; hh a certified member representing the employees from the workplace Joint Health and Safety Committee Work shall resume only when the work refusal investigation report has been accepted by the workplace parties and recommendations acceptable to both parties have been implemented to ensure job-site safety. Environmental Health and Safety shall advise all workplace parties about further prescribed procedures (e.g. notifying a Ministry of Labour inspector) if there are any unresolved disputes following the report of the work refusal investigation team. GUIDELINES All employees have the right to declare an "OHSA work refusal" when they believe a safety hazard or dangerous circumstance exists in the workplace. "OHSA work refusals" are of serious concern to ABC Company because they indicate that communication and cooperation between workplace parties to address safety issues have failed. Employees and supervisors must distinguish this procedure for "OHSA work refusals" from the daily practice of due diligence associated with the recognition, reporting and correcting of workplace safety hazards. The latter must be addressed by the workplace supervisor and the employee without obligation to notify certified members or Environmental Health and Safety. The "OHSA work refusal" is a last resort procedure. 3. The " OHSA work refusal" " and the dangerous circumstances shall be reported as soon as possible to the Manager, Environmental Health and Safety, by the workplace supervisor. 4. The workplace supervisor shall notify and convene the OHSA work refusal investigation team at or near the site of the "OHSA work refusal." 5. The OHSA work refusal investigation team shall perform a job hazard analysis and shall prepare a written investigation report with recommendations for the workplace parties, Environmental Health and Safety, and for the appropriate Company ABC Joint Health and Safety Committee. MODULE 3

123 WORKPLACE VIOLENCE COMPLIANCE KIT 123 TOOL 34: WORK REFUSAL REPORT SECTION A: Completed by Employee Employee Name: Date: Time: Supervisor Name: Location of Work Refusal: Task Assigned: Employee`s Comments: Employee Signature: SECTION B: Completed by Supervisor Date of Investigation: Time of Investigation: Supervisor`s Observations After Investigation: Action Recommended: Supervisor`s Signature: SECTION C: Completed by JHSC Member JHSC Member`s Observations After Investigation: Action Recommended: JHSC Member Signature: SECTION D. Completed by EHS Coordinator Notifying Government OHS Authority Required F Yes F No Date called: Time called: Govt. official spoken to: Order written F Yes F No Ref. No. MODULE 3

124 124 WORKPLACE VIOLENCE COMPLIANCE KIT MODULE 4: TRAINING & EDUCATION MODULE 4 MODULE 4

125 WORKPLACE VIOLENCE COMPLIANCE KIT 125 WORKPLACE VIOLENCE TRAINING & EDUCATION The final, and arguably, most important part of the workplace violence prevention program is to train workers on the hazards of workplace violence and harassment and the policies and procedures you ve created to protect them against those hazards. WHEN SHOULD TRAINING BE PROVIDED? You should provide all new workers an orientation on health and safety when they first start working at your company. One of the topics you should cover in that orientation is what your workplace violence and harassment policies say. Workplace violence and harassment can be dealt with together or as separate topics in your safety orientation. Of course, training must be ongoing. Workers should receive training in workplace violence and harassment: h h On a regular basis. Appropriate frequency of training depends on the workplace and the risk involved. Thus, individuals who work in service stations at night in dangerous neighbourhoods will require frequent training. All workers should receive training at least once a year; hh When there are significant changes to the risks encoun- tered. For example, workers will require more frequent training if they get assigned to more dangerous jobs; hh When there are significant changes to the workplace violence policy or program. For example, you ll need to provide training to workers if you adopt an entirely different procedure for reporting and investigating complaints of violence and/or harassment; h h When circumstances dictate. For example, additional training will be necessary if it becomes apparent that workers aren t following or don t understand your current policies and procedures. WHAT SHOULD TRAINING COVER? There are 2 kinds of information you need to provide as part of your workplace violence training. Information about Your Particular Program and Workplace: All workers need to: hh Know how to summon immediate assistance; hh Know how to report incidents of violence or harassment to their supervisor or other company official; hh Know how your company investigates and deals with incidents, threats or complaints of violence and harassment; and hh Know, understand and be able to implement the proce- dures and measures in place to protect them. General Information about the Risk of Violence and How to Protect Against It: For obvious reasons, programspecific training must be based on your organization s policies, procedures and risk calculus. This Kit includes 8 different sets of Tools that you can use to deliver general training on workplace violence. What s Included in Each Training Tool of this Kit By set of Tools, we mean a bundle of training materials geared toward a specific dimension of workplace violence. The components of each set: hh A Poster Pro template you can use to announce a train- ing session that addresses the topic; hh A set of Meeting Discussion Points to cover in providing training on the topic; hh A Fatality Report of a real-life case where one or more persons died as a result of the hazard or failure to take the precaution addressed in the training session; and hh A Safety Talk on the topic that your supervisors or other training personnel can deliver to workers. The Issues Covered by Each Training Tool As for the topics covered in each TOOL: Tool 35 covers security at the front desk or reception area. Tool 36 describes the warning signs that a person is capable of violence, explains what to do when confronted with a threat or attack and sets out other information workers need to recognize and protect themselves from potential violence by a co-worker. Tool 37 tells workers how to avoid the hazards of violence on the road in the form of road rage. Tool 38 shows workers in retail establishments and other workplaces involving contact with the public how to protect themselves against armed robbery. Tool 39 addresses the risk of terrorism at work and includes a checklist for responding to bomb threats. Tool 40 deals with the dangers of domestic violence and the risk of being attacked by a spouse, significant other or other family member or acquaintance at work. Tool 41 helps workers understand and protect themselves against bullying at work. Tool 42 tells workers how to report threats of violence and includes a checklist of what information to provide operators when calling 911. Tool 43 offers general training on the hazards of working alone and what workers can do to safeguard themselves if they work by themselves or in isolation. MODULE 4

126 126 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 35: Safety Talk on the Front Desk & Reception Area: The Front Line of Workplace Security Poster: Before the Meeting, Prepare for These Discussion Points: hh Who in your department is the first to meet visitors? Do they have the information they need to handle different types of challenges? hh Ask your front desk workers to talk about their safety and security concerns. And find out what they have in mind for answers to these problems. hh How does the backup system work? Does everyone know the signal to come to the aid of the receptionist? Lead the Meeting with this Fatality Report: Guard Found Slain at FedEx Facility A security guard working at a FedEx Ground distribution center near Washington, DC, was found shot dead. The victim, Reina N. Lynch, 26, was a school bus driver and mother of two. She had taken on the security job to make ends meet. A co-worker arriving for the day shift discovered Lynch lying on the ground by her guard booth at the entry gate. Police received a tip pointing to 40-year-old Fabian Shim, father of Lynch's seven-year-old child. Lynch might have become pregnant a second time by Shim, although he was engaged to another woman, and he and Lynch were having a child support court battle. Security films show a black BMW similar to Shim's pulling up to the security booth, and a man getting out and later returning. That man was the only visitor to the complex that night. Lynch was conscientious, her boss said, and would not have opened the secured booth to anyone she did not know. Shim was arrested and charged with first-degree murder. Working alone is always hazardous. If you have to work alone, arrange to check in with your co-workers or boss every half-hour or so. If you're going somewhere, or someone approaches you, let a co-worker or supervisor know. You have the right to work in safety. If you're working in a secured zone, respect it. Don't open a door or gate for anyone, no matter who, unless they're there for work purposes. If personal friends stop by, tell them "I'm working. I'll see you later." Safety Talk: The Reception Area and Front Desk: The Front Line of Workplace Security Front desk workers have the job of greeting and directing workplace visitors. Their courteous manner and prompt service are important to the company's public image and reputation with customers. These workers also have an important part to play in the security and safety of their company and fellow workers. This front desk job varies among different workplaces. These duties may be carried out by the front gate guard, office receptionist, retail clerk, hospitality server, a warehouse worker taking a turn at the front counter, an admissions nurse MODULE 4 or a lobby security monitor. The role also includes lunch break relief personnel. In each of these jobs, the worker is the first to observe and interact with the people coming in. They see customers, clients, patients, vendors and delivery persons. They might also face robbers, people planning an assault, angry customers and intoxicated people wandering in off the street. As well, they may have to deal with irate and abusive callers, pranks and threats, including bomb threats. If your job includes front desk duties, make sure your training covers procedures for dealing with visitors who make threats or bypass your desk. Many problems can be averted by acknowledging all visitors upon arrival, even if you don't have time to wait on them. Make eye contact and say you will be with them shortly. If someone tries to duck under a gate or around your station, speak clearly and firmly, asking him or her to wait. If you have a system of signing in visitors, ensure that they also sign out so there will be an accurate accounting of people in the building in case of an emergency evacuation. It may be your job to issue personal protective equipment to visitors being escorted into hazardous work areas. You should also keep a list of emergency numbers at your work station so you can readily contact security personnel, police and other emergency responders. A copy of planned evacuation routes should also be posted at the front desk or entry point to help emergency responders account for the people in the building. Talk to your supervisor or your company's safety and security office about helping you set up checklists for use in a crisis. If a call is a bomb threat, you can grab your checklist and make note of what the caller says and any identifying sounds to help investigators find the bomb and catch the caller. Also talk to your supervisor about assigning a backup person to help if you sense a threat. You will need a signal to alert this person, such as a code word or a silent alarm. Sometimes callers and visitors will try to obtain confidential information about employees or the company. If you are in doubt about what to say or don't want to be rushed into saying the wrong thing, make a list of the requests and tell the person you will call him back. Then check with your supervisor. Work with your company in developing policies and procedures for front desk security challenges. Then you can handle them calmly, confidently and competently.

127 WORKPLACE VIOLENCE COMPLIANCE KIT 127 TOOL 36: Safety Talk: How to Prevent Violence by a Co-Worker or Outsider Poster: Before the Meeting, Prepare for These Discussion Points: 1. This safety talk about workplace violence includes advice about how to avoid physical assault such as hitting, shoving, kicking or attack with a weapon. Remind your workers that workplace violence also includes any abusive, threatening or intimidating behaviour. 2. Ask your workers for examples of what they would consider threatening behaviour. Shaking fists, destroying property and throwing objects are possible answers. 3. Discuss what should be done if a worker receives a verbal or written threat from a co-worker, supervisor or member of the public. A common definition of a threat is any expression of an intent to inflict harm. 4. Lead a discussion on harassment, which is also considered a form of workplace violence. Harassment is not just sexual. Harassment includes any behaviour that demeans, embarrasses, humiliates, annoys, alarms or verbally abuses a person. 5. Verbal abuse is also related to workplace violence, and so it should be discussed here. It can include swearing, insults or condescending language. 6. Review your company s policy on workplace violence and summarize it for this meeting. Lead the Meeting with this Fatality Report: Killer Gave Warning That s what you get for firing me," said the man shooting rounds from a semi-automatic handgun at a group of managers. Three were killed and two were injured when the ex-employee found the group in a coffee shop near the workplace. The gunman had been fired the day before after a troubled work history that included threats to other employees and carrying a handgun to work. When he was fired he said, "You haven t seen the last of me." When people think about workplace violence, stories like this come to mind. Lethal violence involving employees and ex-employees has affected large and small workplaces, including government bureaus, restaurants, schools, insurance offices and many others. Researchers say clear warning signs preceded 85 percent of workplace violence incidents. In many of the cases, supervisors and managers failed to check the worker s history before he was hired. One worker who was fired for strange behaviour at one job repeated the same behaviour at his new workplace and took a fellow worker hostage. Large firms with personnel departments may routinely check work histories but smaller firms need to do so also, possibly with help of an outside agency. In many cases companies ignored or failed to take seriously warning signs that violence was going to occur. In other cases they did not recognize warning signs while they were occurring, or they recognized the warning signs but failed to act quickly and decisively. In one such case, there was a plan to talk to the police on Monday but the killer struck before that on the weekend. Co-operate with your employer in efforts to maintain a violence-free workplace. Follow the company s security rules, and report potential problems. Safety Talk: How You Can Prevent Violence in Your Workplace What s at Stake Workplace violence can happen anywhere, any time. It can come from a co-worker or a stranger. And it isn t limited to physical assault. Workplace violence is any form of threatening or disruptive behaviour. It can be as simple as a gesture, such as a raised fist, or as complicated as sabotage. What s the Danger Every year about two million workers in the US experience workplace violence. The situation is similar in Canada, where 17 percent of all self-reported incidents of violence, including sexual assault, physical assault and robbery, occur in the workplace. Example A Kentucky plastics factory employee, who was known to not get along with his co-workers, fatally shot his supervisor and four other workers before taking his own life. The press operator, said to be 25 years old, argued with his supervisor about wearing protective eyewear and using a cell phone at his workstation, before being escorted from the factory. He then returned and fatally shot his supervisor before shooting several other workers, apparently at random. How to Protect Yourself Before people explode in violence at work, they may give signals that something is wrong. There are a number of warning signs to let you know that trouble is brewing. Here are a few: hh Social isolation hh Decrease in personal hygiene hh Complaints of unfair treatment hh Excessive lateness or absenteeism hh Faulty decision-making hh Blaming others for mistakes hh Inappropriate comments about revenge, violence or weapons hh Disrespect for authority Continued on Page 128 MODULE 4

128 128 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 36: Safety Talk: How to Prevent Violence by a Co-Worker or Outsider, Cont'd hh Swearing hh Overreacting to criticism There are precautions workers can take to minimize or prevent violence on the job. For example: hh Don t get drawn into arguments. Loud and aggressive arguments can easily escalate into physical fights. hh Take verbal threats seriously, but don t respond to them. hh Report all threats to your supervisor or the company s security department. hh Report all incidents of bullying and sexual harassment. hh Watch for unauthorized visitors, even those who appear to have legitimate business at your plant. Crimes have been committed by people posing as employees, contractors and repair persons. hh Report any suspicious person or vehicle to security per- sonnel. hh Don t give out information about fellow employees. hh Keep doors locked before your business officially opens and after closing time. hh Always have access to communication devices so you can notify someone for help. Speed-dialing numbers should be programmed into phones and emergency numbers should be listed at each phone. hh Some workplaces have predetermined code words so one employee can tell another about a dangerous customer or visitor without tipping off the suspect. Learn the distress signals used in your workplace. hh Wear your identification badge as instructed, and never lend your key or entry card to anyone. Notify the security office if you have lost your keys or pass cards. Keep your entry password a secret by memorizing it instead of writing it down. hh Trust your instincts. They act as your early warning system. Final Word Knowing what workplace violence is, what you can do about it and what your company s policy is on the topic will go a long way to ensuring your safety and to curbing violence in your workplace. MODULE 4

129 WORKPLACE VIOLENCE COMPLIANCE KIT 129 TOOL 37: Safety Talk: Avoiding Road Rage Poster: Before the Meeting, Prepare for These Discussion Points: hh Discuss how to make a note of an aggressive driver's li- cense plate and record time and place of offensive driving, without compromising safety (don't ever write on a piece of paper while driving). Display a small audiotape recorder or digital recorder that drivers could keep handy, and show how it's used. hh Role-play with your drivers to reinforce the habit of see- ing the humor in idiotic situations on the road instead of "seeing red." Even though a road-rager's dangerous actions are not at all amusing, drivers can learn to laugh at their own inclinations toward knee-jerk rage reactions. Role-playing can help develop saner habits of reacting. hh Talk about what could happen if one of your drivers re- taliates against an aggressive driver. Investigating police officers probably would find two hot-tempered drivers assaulting each other, or two damaged vehicles. The police might charge both drivers. Lead the Meeting with this Fatality Report: A Father s Mission to End Road Rage Joe Edmonds got an early education in aggressive driving. Riding with his father, he learned that other drivers were idiots. On one occasion when a group of hooting and hollering young people passed his dad's family sedan, his father's response was to floor the accelerator pedal to teach them not to make fun of him. Joe followed his dad's example, venting his own frustrations with other drivers by yelling and gesturing angrily. But Edmonds' demeanor behind the wheel took an abrupt about-face last year after one of his sons, Jason, 23, lost his life in a collision attributed to road rage. I refer to myself as a recovering aggressive driver, says Joe, who, with help from sons Jordan, 20, and Cameron, 18, has been delivering seminars on road rage since his son's death last year. It's difficult every time, because you're dredging up your emotions, but I get to tell everyone what a great guy he was and I get to show them (through video clips). I also get to feel like his memory is helping somebody, somewhere, avoid what happened to us, says Edmonds. He's there with me. He gets me through it. Jason, who was pursuing an acting career, didn't have a driver's license. Had he been a driver, he might have been more vocal against the driver whose actions were to cause his death and those of two other young passengers in the car. The driver had been transporting Jason and three other friends when they got behind a vehicle which was moving slowly. The driver's response was to overtake the slower vehicle and then slow down dramatically. The other driver took the bait and did the same to him. The deadly cat and mouse game progressed until Jason's driver lost control of the vehicle. The car crossed the median, clipped another vehicle, spun sideways and was struck broadside by a minivan and then a second vehicle. Jason and one friend died at the scene. Another succumbed to his injuries in hospital. The driver of the slow moving vehicle, who sparked the road rager's wrath, left the scene. Edmonds says he later found out that Jason's driver, who faces three counts of criminal negligence causing death, had a history of driving recklessly. A former girlfriend says she broke up with him because she feared she'd die as a result of his driving. There's less and less patience in society nowadays, partly because of the pace of society. We want everything now. There's also less respect for people in general and for authority, he says. Edmonds is speaking publicly about his son's fate in hopes of getting people to assess their own aggression behind the wheel, and take steps to control it. He also provides tips on how to avoid engaging a road rager's attention. If recounting the details of this tragedy can save even one other family from experiencing what we've gone through, my son's death will have had some positive meaning, he says. Joe Edmonds quotes American behaviourist Redford Williams, who says people should ask themselves three questions when they are starting to lose control: hh Is this situation important to me? hh Is my reaction justified by the facts? hh Is there anything I can do to fix the situation? If you can't answer yes to any of these questions, then don't do anything, says Edmonds. He wants to expand his education program into high schools, to get young people thinking about how road rage can affect their lives. For more information see the family-established website at Continued on Page 130 MODULE 4

130 130 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 37: Safety Talk: Avoiding Road Rage, Cont'd Safety Talk: Avoiding Road Rage Road rage is the name of a growing problem on our streets and highways. Angry drivers can cause collisions and have been known to assault, stab or shoot drivers who annoy them. Keep control of your emotions when you drive. Take a few deep breaths, check your speedometer and slow down mentally and physically if necessary. Allow enough time to get to your destination, taking into account delays related to weather, heavy traffic, construction and other drivers' errors. Otherwise, you might find yourself in a collision or an angry confrontation. How do you recognize the angry driver before it is too late? Here are some behaviours to watch for: hh Speeding, especially in congested areas, with no regard for other vehicles or pedestrians. hh Failing to obey stop signs and red lights. hh Obstructing other vehicles by preventing them from passing or changing lanes. hh Bumping another vehicle from behind. hh Weaving from lane to lane, speeding and tailgating. hh Passing on the right side of a vehicle and passing on the road shoulder. hh Making rude gestures and facial expressions. hh Yelling, screaming, horn-honking, flashing headlights or deliberately blinding other drivers with bright lights. When you do see an angry driver, stay out of his or her way! If an aggressive driver tries to pick a fight with you, back down. If you retaliate, the incident can quickly escalate from angry to life-threatening. How can you protect yourself and others from a raging driver? Here are suggestions: hh Move out of the way. hh Do not challenge or compete with the angry driver by speeding up or tailgating. Never retaliate by cutting the other driver off. hh Avoid eye contact. Do not respond to nasty gestures. hh Call the police at a roadside telephone or on a cellular phone. Be ready to describe the vehicle and give the license number. Authorities will also want to know the location and direction of travel. hh If an aggressive driver you have encountered is involved in a crash, stop and wait for police so you can report what you witnessed. hh Drive your best at all times. While there is no excuse for aggressive behaviour on the road, your driving error may irritate another driver. If another driver is baiting you, keep your distance. Just calmly drive on your way and avoid a fight. MODULE 4

131 WORKPLACE VIOLENCE COMPLIANCE KIT 131 TOOL 38: Safety Talk: Security & Protecting Yourself from Robberies Poster: Before the Meeting, Prepare for These Discussion Points: hh Security risks vary from one type of workplace to the next. Be prepared to focus the discussion on your particular hazards, whether they involve shiftwork, handling cash and valuables, remote parking areas or other concerns. hh Find out if any defensive training is available to help workers identify and deal with risks to personal security. Some companies and community programs offer instruction in self-defence strategies. hh Be ready to lead a discussion about possible improve- ments to workplace security. hh Check with your company's security or safety personnel to see if there are any issues they would like to have you emphasize at your safety meeting. Lead the Meeting with this Fatality Report: 16-Year-Old Girl Killed by Robber Sixteen-year-old Shona (not her real name) didn't even have time to react to the robber's demand for money before the bullet from his gun shattered her skull. Her mother was right beside her when Shona's world stopped forever. Shona was a part-time cashier at her parents' restaurant in Wisconsin. She also prepared food and took customers' orders. The rest of her time was spent studying 10th grade subjects in high school. What Happened Shona was standing behind the front counter of the restaurant watching television when a man wearing a bandana over his face entered and stood in front of the cash register. He pointed a handgun at Shona's face and demanded money from the cash drawer. Before she or her mother could respond, the gun fired, striking Shona in the face. She fell to the floor, and the suspect ran from the building. Shona's father was working in the back kitchen when he heard the gunshot. He immediately pushed a silent alarm button to notify the security company, and Shona's mother phoned for emergency services. Paramedics and police responded within four minutes, but couldn't do much for Shona, who died of brain injuries. In their grief, Shona's parents subsequently closed their business. Security at the Restaurant About a month before the incident, two men tried to steal the television set from the customer service counter. But Shona's father stopped the robbery in progress. Three years before that, an armed robbery occurred at the restaurant. Although the family had a silent alarm security system, a camera that was directed at the counter was not working. After police received information from an informant, three men were arrested, but only two were later convicted of murder. Workers Take Heed Employees who deal with the public should follow these recommendations to minimize their risk of being victims of violence on the job: hh Get safety training on how to handle workplace violence, including robberies and assault. Ensure the training covers security measures, cash handling rules and strategies to defuse tense situations. hh Keep doors locked before and after business hours. hh Have a personal alarm or cell phone handy so you can notify authori- ties in an emergency. hh Talk to your boss about reducing the amount of cash on the premises, and consider hanging a sign to that effect. hh Avoid working alone. Adopt the buddy system to boost your safety and security. hh Report all suspicious persons and vehicles seen around your jobsite. hh Advise your supervisor or manager of any hazards that need immedi- ate attention. Safety Talk: Safeguard Your Personal Security Every year many employees face the dangers of being assaulted or even murdered, whether travelling to and from work, or in the office. When travelling to and from work, you may want to consider these safety points to increase your personal security: hh Always try to walk with someone. If you must walk alone, avoid vacant lots, dark areas or overgrown pathways. hh Keep your car doors locked even when driving. Then re- lock your car when you leave it, and visually check the back seat for intruders before re-entering. Also check underneath your vehicle. hh After work, you should walk to your car with the other employees, keeping your car keys ready in your hand. hh Choose well-travelled streets when you commute, and avoid deserted streets and parking areas. hh If your vehicle breaks down and you have contacted po- lice or a tow truck, lock your car and stay inside while you wait for help to arrive. hh At the beginning of the day, someone will always be the Continued on Page 132 MODULE 4

132 132 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 38: Safety Talk: Security & Protecting Yourself from Robberies, Cont'd first employee to enter the office. If that someone is you, follow company safety procedures for entering and deactivating the alarm. But, remember: hh You should have your office keys handy so that you are not fumbling in a pocket or purse for them. An assailant could surprise you while you are distracted with the search for your keys. hh Before you enter, check the premises for signs of forced or illegal entry. If you think someone may be inside, remain outside and re-lock the door. You are safer calling the police from a nearby telephone. hh If you are robbed, stay calm. Don't argue with the robber because he may be armed and he may be very nervous. Always follow company instructions for dealing with robbery or other security issues. hh Don't wear flashy or expensive jewelry to work and don't carry a lot of cash with you. You may draw unwanted attention to yourself. hh Be alert to prowlers and report any suspicious persons. Arson, which causes lost jobs, injuries and deaths, can sometimes be prevented by reporting a suspect. hh Sometimes violence can happen at the hands of a cus- tomer. If you are confronted by an angry customer, first try to solve the problem by suggesting a solution. Don't get into an argument and always remain calm and polite. If your attempts at assistance fail, politely take them to your supervisor. hh Violence can sometimes be the result of inter-personal conflicts between employees. If two or more of your coworkers are involved in a heated argument, don't try to put your "two cents worth" into the quarrel. Immediately contact your supervisor and keep your distance from the conflict. Final Word Take responsibility for your personal safety. Stay alert, avoid dangerous situations and stay out of conflicts at work. Prevention is your best protection. MODULE 4

133 WORKPLACE VIOLENCE COMPLIANCE KIT 133 TOOL 39: Safety Talk: Terrorism: Disarming the Threat Poster: Before the Meeting, Prepare for These Discussion Points: hh Talk to a security expert inside or outside your workplace to determine examples of vulnerable areas and what can be done to make them less vulnerable. hh Plan to create three or four mock security issues in your workplace and ask volunteers to point them out at your safety meeting. hh Plan to ask employees for their input on security issues around your workplace. hh Develop some terrorist attack scenarios and ask your em- ployees what they would do under those circumstances. Lead the Meeting with this Fatality Report: Remember September 11 A total of 2,886 work-related fatalities resulted from the events of September 11, The events of that day killed persons from a wide range of backgrounds janitors to managers, native and foreign-born workers, and the young and the old who were at work in the World Trade Center or the Pentagon, were on business travel or were crew aboard the commercial airliners that crashed in Pennsylvania, New York City, and Virginia, or were involved in rescue duties. Safety Talk: Terrorism: Disarming the Threat Workers need to prepare for all possible emergencies, even those as unlikely as terrorist attacks. In some workplaces, this threat is considered more possible than in others. These include power plants, large governmental agencies and places that make or use nuclear, biological or chemical materials. Other possible targets are waste treatment facilities, important bridges or tunnels, well-known buildings and national landmarks. Often terrorists will select high-traffic places, such as airports or large cities, where they can disappear into a crowd. Terrorism is politically motivated, pre-planned violence, usually caused by a group trying to influence an audience. The attacks typically are designed to disrupt security and communication systems, destroy property, and kill or injure as many civilians as possible. Terrorists employ a variety of weapons and tactics, including gunfire, arson, hijacking, kidnapping and bombs. Biological and chemical attacks are also possible. Biological terrorism uses toxins, bacteria or viruses to make people and livestock sick and to damage crops. Chemical terrorism uses poisonous substances that may cause serious injuries or death. You are more prepared for a terrorist attack if you are cautious and alert. Here are a few wise habits: hh When in an area that could be targeted, be aware of your surroundings. Notice heavy objects that could topple in an explosion, and mentally note a spot where you would be safe if large windows shattered. hh Plan ahead in case you need to leave the building quick- ly. Locate emergency exits and stairways. Remember: Don't use elevators in an emergency. hh While travelling, watch for unusual behaviour. Don't ac- cept packages from strangers or leave your luggage unattended. hh If you work in a multi-level building, know where fire extinguishers are located and ensure they are in working order. Know where emergency supplies are stored. Ideally, each floor should have a first aid kit, flashlights, battery-operated radio, extra batteries, fluorescent tape for roping off areas and hardhats. hh Learn first aid. hh If you receive a bomb threat at work, keep the caller on the phone and get as much information as possible. Try to record everything. Call police and management, and then get out. After a threat, don't touch any suspicious packages. Clear the area and notify police. As the building is evacuated, move away from windows and don't block emergency officials' paths. Final Word You have a valuable role in your company's emergency preparedness plan. Being prepared for even an unlikely threat is an important part of that plan. MODULE 4

134 134 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 39: Safety Talk: Terrorism: Disarming the Threat, Cont'd BOMB THREAT RESPONSE CHECKLIST Bomb threats are usually received by phone, but may also be received by note, letter or . All bomb threats must be taken seriously and treated as if they re credible and handled with the assumption that there really is a bomb or explosive in the building. Your company should have a specific plan for dealing with bomb threats that you should refer to. Here are general things to do in response to a bomb threat. IF SOMEBODY CALLS IN WITH A BOMB THREAT: FF Get as much information as possible from the caller FF Take good notes when talking to the caller FF Keep the caller on the line and write down everything he/ she says FF Listen for background noise, voice characteristics, e.g., a nasal or high-pitched voice, music, machinery or other sounds that might help identify the caller and his/her location FF While talking to the caller, have a co-worker call 911 and building security immediately FF Don t touch any suspicious packages FF Clear the area around a suspicious package and notify the police immediately FF While evacuating a building, avoid standing in front of windows or other potentially hazardous areas in case of explosion FF Don t block sidewalks or other areas used by emergency personnel while evacuating FF If you find a bomb, don t touch it or attempt to move it. Call for help and evacuate the area immediately BOMB THREAT CHECKLIST (List the following information if you receive a bomb threat): Exact time of call: Exact words of caller: Person receiving call: Telephone number call received on: QUESTIONS TO ASK CALLER: When is the bomb going to explode? Where is the bomb? What does the bomb look like? What kind of bomb is it? What will cause it to explode? Did you place the bomb? Why? Where are you calling from? What s your address? 10. What s your name? CALLER S VOICE (check all that apply): FF Calm FF Accent FF Slow FF Stressed FF Crying FF Sounded familiar (describe who or what it sounded like): FF Deep FF Broken FF FF FF FF FF Rapid Nasal Excited Sincere Normal FF FF FF FF FF Slurred Stutter Loud Giggling Angry FF Lisp FF Disguised FF Squeaky FF Were there any background noises? (describe): Remarks: (add any other information that might help to identify the caller and his/her location): MODULE 4

135 WORKPLACE VIOLENCE COMPLIANCE KIT 135 TOOL 40: Safety Talk: Domestic Violence in the Workplace Poster: Before the Meeting, Prepare for These Discussion Points: 1. Exercise your own good judgment about the best way to deliver this safety talk. Since it is possible people on your crew are affected by family violence, take care not to draw attention to them during your safety meeting. This might be one safety talk you should present impersonally, using the PowerPoint and audio presentation. 2. You can also make the CD of this safety talk available for individual use. That way a person can listen to the audio version in privacy. 3. Invite your human resources officer to speak to your group about family violence as a workplace issue. Ask what resources your company has for helping workers who are being abused. Can work leave be arranged so a person can escape to a shelter? 4. Find out about your company s policies and procedures concerning domestic violence. 5. Invite someone from your company s security department to speak about precautions including parking lot escorts and visitor identification. 6. What if you suspect a worker is an abuser? What if the person is making harassing phone calls from the workplace, or using company vehicles to stalk someone? Find out your company s policies. 7. Be extremely careful to protect the privacy and confidences of an abuse victim, who is in danger of retaliation from the abuser. Also be aware that keeping a job could be vitally important to the victim, providing a chance of independence and a means of supporting children. Lead the Meeting with this Fatality Report: Custody Dispute Leads to Workplace Deaths People tend to think of domestic violence when they think about it at all as a private matter that occurs behind the closed doors of a family s home. But more and more, domestic violence is spilling into other areas, including the workplace. A fatal shooting in Albuquerque, New Mexico is a sad example. Angry about a child custody dispute with his ex-girlfriend, Robert Reza confronted her outside the New Mexico manufacturing plant where she works and shot her. He then forced his way inside and killed two workers before turning the gun on himself. Four others were wounded. The girlfriend (who was critically injured, but has since been released from hospital) had told co-workers that she planned to report domestic violence to authorities. But it s unclear whether management was aware of the situation. The police noted that Reza had been involved in a domestic violence complaint in another city. Because of incidents like these, domestic violence is increasingly being recognized as a workplace safety concern. In fact, a 2005 national survey found that 21% of full-time workers in the US had been victims of domestic violence. Here are some other statistics about domestic violence to consider: hh Among women, the age group at greatest risk for nonfatal intimate partner violence is 20 to 24. hh In Canada, 9% of female victims of spousal abuse report being stalked by a current or former spouse or common-law partner. hh Family members were responsible for 43% of all murders involving females across the US in Safety Talk: Domestic Violence in the Workplace What s at Stake Today s safety talk is on a difficult topic. It s about family violence, also known as domestic violence or abuse. What s the Danger You might be wondering what this topic has to do with work safety. There are actually a couple of links between family violence and the workplace. Example First, family violence sometimes follows its victims to work in the form of unwanted calls, visits or even physical attacks. Second, a worker who is dealing with family violence can be distracted from working safely. How to Protect Yourself Family violence is physical, emotional/mental, sexual or financial abuse inflicted by one family member against another. The kind of family violence that most often spills over into the workplace is that between intimate partners such as husband and wife, boyfriend and girlfriend or same-sex partners. Who is involved in family violence? It can be anyone, regardless of job, social or economic status, gender, religion, race or culture. Job loss, alcohol or drug use and other stressors can contribute to family abuse, but do not directly cause them. Continued on Page 136 MODULE 4

136 136 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 40: Safety Talk: Domestic Violence in the Workplace, Cont'd Abuse at home can lead to these sorts of problems at work: hh Lack of productivity hh Lack of attention to safety hh Interpersonal problems such as heightened sensitivity, isolation or lies to hide abuse hh Excessive time spent on breaks hh Too many calls, visits or other types of interference from the abuser. In turn, other workers are affected too: hh They are uncomfortable because they know something is wrong but can t discuss it. hh They may have to cover for the worker and do more than their share of work. hh They may get involved in trying to protect the person from the abuser by deflecting phone calls and visits. hh And, most importantly, they may be at risk for violence by the abuser, getting in the way of an assault or being actually targeted for violence because of jealousy. However, as a co-worker you are in a unique position to help. Victims of domestic abuse often choose a co-worker as the first person to confide in. You don t have to wait for the person to speak up. If you think the time is right, start the conversation. Keep these things in mind: hh Learn about your company s policies about domestic abuse, and what kind of help might be available through your human resources department. You could also find out about shelters and other programs to help people escape abuse. hh Invite the person to talk in confidence, in a comfortable, private place. hh Let the person know you will believe and support him or her. Final Word If you are a victim of family violence, consider asking your supervisor or a co-worker to direct you to help. If you suspect another worker is being abused at home, be prepared to listen when the person is ready to talk. MODULE 4

137 WORKPLACE VIOLENCE COMPLIANCE KIT 137 TOOL 41: Safety Talk: Stop Workplace Bullies Poster: Before the Meeting, Prepare for These Discussion Points: hh If your workplace doesn't have a clear written policy warning of zero tolerance for harassment/bullying, you are leaving yourself wide open for legal trouble if an ugly incident occurs. Bring your anti-harassment policy to your safety meeting and discuss it with your workers. hh Consider inviting an expert to speak on the devastating effects that workplace bullying can have on an employee's life. hh Find some effective anti-bullying posters and display them at your safety meeting. hh Here's a test to enable your workers to see whether they have bullying tendencies: quiz/questions/0,, ,00.html Lead the Meeting with this Fatality Report: Unaddressed Claims of Racism May Have Led to Workplace Shooting Spree When a worker complains of harassment of any kind, whether based on race, religion, gender, etc., you must take those complaints seriously and investigate them. If you ignore the claims and they turn out to have been justified, the worker could lash out in unexpected and tragic ways. Just look at what happened at a beer distributorship in Connecticut. Supervisors and a union representative called Omar Thornton, an African- American driver, into a disciplinary meeting and showed a video of him stealing beer from the company. Although union and company officials said he d no history of complaints or disciplinary problems, he was told he could either resign or be fired. Thornton opted to quit and signed a letter of resignation. But as he was headed for the door, he pulled out a gun and started shooting. At the end of the shooting spree, Thornton had killed nine people (including himself) and injured two. The victims were found all over the complex and it s unclear whether he fired randomly or targeted specific people. What happened? Thornton s relatives say he finally snapped after suffering racial harassment in a predominantly white company where he felt he was singled out for being black. For example, they say that he d found a picture of a noose and a racial epithet written on a bathroom wall. His girlfriend allegedly said that his supervisors told him they d talk to his co-workers. However, it doesn t appear they ever did so. The company denied any racial bias. And a union official said Thornton hadn t filed a harassment complaint with the union or any government agency. The Connecticut Commission on Human Rights and Opportunities said the company has never had any complaints filed against it. Safety Talk: Stop Workplace Bullies What s at Stake Workplace bullying takes a toll on workplace morale and safety. Left unchallenged, bullying creates a dog pack mentality where others will add to the problem - by ignoring a victim or joining in on mean behaviour. What s the Danger Bullying can lead to incidents of physical violence as victims retaliate against their tormentors or bullies escalate their actions. Everyone is entitled to a safe workplace. A workplace that tolerates bullying cannot be considered safe. Example In one bullying case, a transit worker returned to his former place of employment and fatally shot four former co-workers before taking his own life. In a suicide note, he wrote about having been teased about a speech impediment. His note named several individuals he wanted dead. How to Protect Yourself It would be nice if ignoring a bully would make the problem go away. In reality the unacceptable behaviour likely will continue and escalate. You need to confront the bully. It's best to take action right when harassment occurs. Hold up your hand, say, "stop!" and tell the person that behaviour is not acceptable and you will not tolerate it. If the person keeps harassing you, calmly repeat the same message, adding that if the person doesn't back off you'll be forced to report him/her to management. Then, turn to other co-workers in the area and tell them you may need their support as witnesses if the bullying continues. Carefully detail all incidents in writing. You may need to produce that information later. If the bullying doesn't stop and you must report it to a manager, try to take someone with you as a supportive witness. Some workplaces have a culture of harassment that goes right to the top. If your complaint gets you nowhere, the best solution may be to find another job and leave with dignity. Final Word You can't possibly get along with everyone, but that doesn't mean you must put up with treatment that leaves you depressed, shaken and physically ill. Remember, it is not your fault. You have a legal right to work without physical, sexual or emotional abuse. And if this safety meeting causes you to wonder if you are a bully, you should talk to a professional counsellor. MODULE 4

138 138 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 42: Safety Talk: Report Threats of Violence Poster: Before the Meeting, Prepare for These Discussion Points: hh What is the policy for reporting violence at your work- place? May reports be made in confidence? Explain the procedure to your workers. hh Use this meeting as an opportunity to discuss what to do in case of emergency. Review emergency procedures, including how to silently summon help. Lead the Meeting with this Fatality Report: Children Witness Workplace Murder A horrifying example of what can go wrong after an emotionally unstable employee is fired resulted in a young man being jailed for life. Jackie Marshall, a 57-year-old grandmother who worked at a McDonald's restaurant in Chichester, England, was beaten and stabbed to death in front of horrified customers, including children attending a birthday party. Her killer was 21-year-old Shane Freer, a former employee who had been fired following an earlier incident at the restaurant. Freer had struck a young girl who had lobbed pieces of carrot and wet napkin at him. Freer was suspended with pay and soon fired for gross misconduct. Although Marshall did not fire Freer, he believed his termination was her doing. Upon hearing his job was gone, he broke into tears and then said of Marshall, "I'll kill her." True to his word, he purchased an eight-inch hunting knife, returned to the restaurant and stabbed Marshall multiple times. She died two hours later in hospital. Freer later told police, "I had to kill her; she got me fired." Safety Talk: Report Threats of Violence Failing to report violence and security threats in your workplace doesn't do anyone much good. Unless your company and your co-workers know about potential problems, they can't do anything to make your job safer. Your company likely has a zero-tolerance policy on violence. This means no verbal or non-verbal threats or any other form of intimidation or assault. So why would you hesitate to report an incident or potential violence? See if any of these worries are holding you back: hh You don't want to get someone else in trouble. hh You do not trust your own judgment. What if you are wrong? hh You are afraid of being blamed for the incident. MODULE 4 hh You are afraid of being harassed for causing trouble. hh You think you won't be taken seriously. hh You believe violent encounters with clients, customers, patients or co-workers are just a normal part of your job. Your safety training stresses the importance of reporting all accidents, injuries, close calls and possible hazards. It's just as important to report any incidents or threats of violence. Doing so can prevent something worse from happening in the future and can provide help to any victim. You are encouraged to report any experience of workplace violence promptly, without fear of reprisal. You are also encouraged to suggest ways of reducing and eliminating risks. Better lighting, enclosed booths for dealing with the public and a worker buddy system are among measures that can improve security at various kinds of workplaces. Making proper use of security equipment is also part of your job. Don't attempt to bypass safeguards such as guard stations, identification badges, surveillance cameras, metal detectors or turnstiles. Make use of the security tools provided, such as curved mirrors to monitor hallways and concealed areas. If you are issued a two-way radio, keep it with you and make sure it works. Know what to do in an emergency. Do you know how to summon help with a silent alarm? Is there a saferoom or an employee-only exit? Get the training you need to deal safely with difficult people. Learn how to defuse a potentially violent situation if you are likely to be exposed through your work in health care, retail, law enforcement, human resources or other fields. In any workplace, it's a good idea to know the danger signs of a potentially violent co-worker. This person might: hh Use intimidation hh Display a violent outburst, seemingly out of character hh Talk about weapons hh Show paranoia hh Exhibit desperation hh Have a history of violence hh Be a loner without a social life. Final Word Being concerned about security on the job is not the sign of a coward. Alert, responsible employees who report incidents and observations can often avert workplace violence. Continued on Page 139

139 WORKPLACE VIOLENCE COMPLIANCE KIT 139 TOOL 42: Safety Talk: Report Threats of Violence, Cont'd Calling What to Do When calling 911 in an emergency: hh Give the complete address where you need help. hh Tell the 911 operator what the problem is why you need help. hh Answer the operator's questions they must ask you certain questions to help the police or fire units responding to your emergency. hh Give the 911 operator your name. hh Remain calm and talk clearly. Please do NOT call 911 and: hh Hang up - If you hang up before speaking to the 911 op- erator, they will call you back. Instead say, "This is not an emergency, but..." hh Report that the power is out at your home, unless it is an emergency. Call your utility service provider. hh Ask for a weather report. Check the Internet instead. If your power is out, get a battery-powered radio and stay tuned to a local radio station. Other things to know when you call 911: hh Give your complete address, including an apartment number or letter. hh Know if the street you live on runs north and south or east and west. hh Know what direction your home faces. hh Know the nearest intersection. hh Know how many houses your home is from the corner. hh Know the street behind you and in front of you. hh Let the operator control the conversation. hh Speak loud and clear, but do not scream. MODULE 4

140 140 WORKPLACE VIOLENCE COMPLIANCE KIT TOOL 43: Safety Talk: Safety When You re All Alone Poster: Before the Meeting, Prepare for These Discussion Points: hh Are your workers on their own for all or part of a shift? Be ready to discuss the hazards they might encounter. hh This safety talk is a chance to review personal security for all workers. You could talk about commuting alone and at night, and precautions for weekend travel. hh Ask your workers for tips of their own about safety when working or travelling alone. Remember, an effective person-check system should have input from all levels of the workforce management, supervisors and workers. Lead the Meeting with this Fatality Report: First Night Shift Alone Ends in Death The murder of a teenage girl on her first solo night shift at a gas station has brought calls for improving security for night workers who must work alone. The 17-year-old girl was found murdered in the back room of a gas station in Montreal, Quebec. The station's owner says the building should have been locked while the young woman was on shift. Customers should have been served through a transaction window, but obviously someone was able to get inside the building. Do you have young workers who could be vulnerable to attack while working alone at night? What plan do you have in place to protect them? Safety Talk: Safety When You re All Alone Working alone is not the best situation, but sometimes it is necessary. In occupations as diverse as home care nurse, security guard, property manager, bulk plant attendant, taxi driver, custodian, logger, ranch hand, retail clerk and oil field mechanic, the worker sometimes spends a solitary shift. Doing a job alone can be more hazardous than doing the same job in company of others. If a worker is injured, ill or trapped, there is no one nearby to help or call for assistance. Lone workers are also more vulnerable to crime such as robbery or assault. Workers alone in the wild country are more vulnerable to animal predators. The risk of working alone depends on circumstances including the location, whether the work itself is risky and involvement with the public. Workers who handle money, work away from the regular work site or work alone with patients or clients face particular hazards. So do those who work at heights or in confined spaces such as silos, work with electricity, hazardous substances, dangerous equipment or with the public where there is the possibility of violence. Consider these tips for greater safety when working alone: hh Talk to your boss and colleagues about your job, the haz- ards and how to minimize them. See if work can be rescheduled so you do not have to work alone. hh Set up a check-in system by which you call or page someone at regular intervals so they will know you are okay. Agree on a tracking method to be used if you are overdue. hh Carry a personal alarm, cell phone or two-way radio. Manage the batteries so you will always be able to get through. hh Use a buddy system, taking another worker with you into higher risk situations. hh File a travel plan when you drive somewhere alone. Keep vehicles well-maintained to avoid breakdowns. Stock an emergency survival kit in the vehicle. hh When visiting a possibly intimidating client, take a taxi and have the driver wait outside. hh If you work alone late at night, get a security escort to your vehicle or bus stop. Handling cash or other valuables puts you at risk for violent robbery. Have your employer take steps to reduce the amount of cash on hand to lower the incentive for robbers. Have your work area arranged for maximum visibility from windows. Get training in how to avoid and handle a robbery, and learn to use the security system. Final Word Some people enjoy working alone and choose solitary jobs on purpose. An injury or a violent encounter can take the fun out of your work, so be prepared to work as safely as possible when you work alone. Working alone means working where you cannot be seen or heard by another person and where you cannot expect a visit from another person. MODULE 4