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