Workplace Violence & Harassment. Authorized by: Joan Arruda, CEO

Transcription

1 Policy: Category: Workplace Violence & Harassment Human Resources Pages: 18 Date effective: Jun. 15, 2010 To be revised: Jun. 15, 2013 Revised: Dec. 15, 2010 Authorized by: Joan Arruda, CEO POLICY The management of Family Day Care Services is committed to the prevention of workplace violence and is ultimately responsible for staff s health and safety. We will take whatever steps are reasonable to protect our staff from workplace violence. If an act of workplace violence is proven, Family Day will apply disciplinary measures up to and including termination of employment. Violent behaviour in the workplace is unacceptable from anyone. This policy applies to customers, visitors, suppliers and volunteers. Everyone is expected to uphold this policy and to work together to prevent workplace violence. Family Day is committed to working with staff to develop a comprehensive strategy to assess potential risks of workplace violence and discrimination and put reasonable measures or procedures in place to reduce the risk of violence and unacceptable behaviour in the workplace. A copy of this policy shall be provided to each new employee as part of the employee s hiring documentation. Additionally, this policy shall be posted and remain posted on all workplace bulletin boards. This policy shall be reviewed after any serious incident or at least annually, whichever is the earlier. Purpose The purpose of this policy is to ensure that staff, customers, visitors and volunteers are aware that Family Day is committed to establishing procedures to minimize and/ or prevent violence and unacceptable behaviour in the workplace and to foster the safety and security of our work sites. Scope This policy applies to all employees, visitors, volunteers, customers and members of the general public. Responsibility Management: Family Day Care Services, as the employer, will ensure that this policy and the supporting program are implemented and maintained and that all staff and Supervisors have the appropriate information and instruction to protect them from violence in the workplace. Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned to the extent possible. Family Day Care Services Page 1 of 18

2 Supervisors: must be committed to managing this policy and the supporting program; are responsible for ensuring that measures and procedures are followed by staff and that staff have the information that they need to protect themselves; are responsible for assessing the risk of violence to employees at their location and reporting the risk to their Manager and the Director, Human Resources; must plan to minimize those risks where necessary or reasonably possible and inform any affected employee of such risk or potential risk; are responsible for ensuring employees are trained to: recognize the potential for violence; follow the procedures and policies developed to minimize risk; respond to incidents appropriately; and report and document such incidents; are responsible for tracking and reporting risks of violence, incidents of violence, and close calls to the Management Team and the Joint Occupational Health and Safety Committee, according to the time lines set out in the procedures. The Violent Incident Report Form (APPENDIX A) is used for this purpose. are responsible for ensuring proper medical care is provided for anyone involved in an incident and for securing the safety of employees, before investigating the incident or taking reports; and are responsible for co-operating with police, Family Day investigators or other authorities, as required during any investigation related to workplace violence. Employees: must work in compliance with this policy and the supporting program. All staff are encouraged to raise any concerns about workplace violence and to report any violent incidents or threats. are responsible for informing their Supervisor/Manager or the Director, Human Resources of any violence, potential risk of violence, or unacceptable behaviour they may experience or witness. This includes issues in the employee s nonwork life that may impact on the employee s or his or her co-worker s safety. are responsible for attending any training or information meetings intended to educate or reduce the risk of violence, as required by Family Day; and are expected to co-operate with the organization, the police or external investigators or other authorities as required during any investigation related to workplace violence. Definitions: Violence means unacceptable behaviour and includes any incident in which there is: a) the exercise of physical force by a person against an employee, in the workplace, that causes or could cause physical injury to the employee; b) an attempt to exercise physical force against an employee, in a workplace, that could cause physical injury to the employee; c) a statement or behaviour that is reasonable for an employee to interpret as a threat to exercise physical force against the employee, in a workplace, that could cause physical injury to the employee; d) an attempt to threaten or assault a client or visitor to the workplace while on company premises; or Family Day Care Services Page 2 of 18

3 e) an attempt by an employee to threaten or assault a client, co-worker or other individual in circumstances relating to the employee s execution of his or her duties, whether on or off company premises. Workplace means in or on the property of Family Day, or away from Family Day property if the employee is engaged in work-related activities. Unacceptable Behaviour means physically or psychologically aggressive behaviours including but not limited to: a) hitting, kicking, punching, pushing, shoving, slapping, pinching, grabbing, biting; b) carrying or brandishing weapons of any sort; c) throwing objects at an individual with a view to cause physical injury or fear; d) destruction of workplace or co-workers property; e) threats of violence; f) intimidating behaviour that causes the recipient to have a fear of physical violence; g) obscene or harassing telephone calls. Close Calls means incidents which did not result in actual physical harm but, except for circumstance, had the potential to result in physical harm. Minor Incident means an incident in which no one is physically harmed in any way and which was resolved through employee or supervisory mediation. Serious Incident means an incident in which someone was physically harmed (whether requiring medical attention or not), or which continued or escalated after supervisory mediation. REFERENCES and RELATED STATEMENTS of POLICY and PROCEDURE a) Occupational Health and Safety Act and Regulations (Ontario) b) Workplace Harassment c) Accident Investigation Procedure Reporting Incidents of Workplace Violence The Manager/Supervisor of each centre/department shall initiate a process to involve Supervisors, employees and the Joint Occupational Health and Safety Committee in assessing the risk of violence in their centre/department and work environment on a periodic basis. The process shall include taking actions to remove as many risks as can be reasonably removed and instructing employees to recognize risk. The risk assessment shall be reviewed at least annually. Each and every incident of violence in the workplace shall be reported immediately to the Supervisor. The Supervisor shall investigate the incident immediately. Please complete the Violent Incident Investigation Checklist (APPENDIX A) to guide a proper investigation of any reported violent incident. Family Day Care Services Page 3 of 18

4 The Supervisor shall immediately make the appropriate inquiries of the victim and/or witnesses to determine if the incident is minor or serious: (a) If the incident is minor the Supervisor shall: (i) determine if mediation is appropriate and if so, mediate or arrange for mediation of the situation; (ii) conduct the appropriate investigation immediately; and (iii) within twenty-four (24) hours, write a report using the Minor Incident Report Form (APPENDIX C) outlining the details, facts and witnesses of the incident and submit the report to the Director, Human Resources and/or the Director, Development & Programs and the Joint Occupational Health and Safety Committee. (b) If the assailant is an employee, the Supervisor shall consult their Manager and Human Resources and apply appropriate disciplinary measures based on the facts of the incident and the assailant s employment record. (c) If the incident is serious, the Supervisor must: (i) first ensure the safety of employees and him/herself; (ii) ensure proper medical treatment is provided or sent for; (iii) contact the authorities as soon as possible, (Police or Ministry of Labour, where appropriate), to report the incident; (iv) contact the Director, Human Resources and/or the Director, Development & Programs and Joint Occupational Health and Safety Committee or Health and Safety Representative, as appropriate, as soon as possible, to assess who should be involved in the investigation; (v) conduct a thorough investigation, keeping detailed notes of facts, times, witnesses, and witness accounts; (vi) within twenty-four (24) hours after the completion of the investigation write and submit a detailed report of the incident to the Joint Occupational Health and Safety Committee and the Chief Executive Officer and any other parties required by law; and (vii) consult with the Director, Human Resources regarding any disciplinary action to be applied. (d) If the incident involves a death, results in an individual being admitted to a hospital for more than two (2) days, or involves an unplanned or uncontrolled explosion, fire or flood that causes a serious injury or that has the potential of causing a serious injury: (i) the area where the incident occurred must be sealed and not disturbed except insofar as is necessary to attend to persons injured or killed, or to prevent further injuries; and (ii) the Director, Human Resources or the Director, Development & Programs shall immediately notify the OHSA Inspector and/or other authorities, as necessary, of the time, place and nature of the incident ( ) (e) The sealed area must remain sealed unless otherwise directed by the OHSA Inspector, an OHSA Officer or a peace officer. Family Day Care Services Page 4 of 18

5 A Supervisor shall advise an employee to consult a health professional of the employee s choice for treatment or referral if the employee reports an injury or adverse symptom resulting from workplace violence or is exposed to workplace violence. The individual responsible for documenting newly hired employees shall ensure a copy of this policy is provided to and reviewed with each new employee during that employee s documentation process. See: APPENDIX A: Violent Incident Investigation Checklist APPENDIX B: Violent Incident Report Form APPENDIX C: Serious/Minor Incident Report Form APPENDIX D: Workplace Violence Risk Assessment Form APPENDIX E: Violence in the Workplace Compliance Checklist Family Day Care Services Page 5 of 18

6 APPENDIX A: Violent Incident Investigation Checklist Use this checklist for violent incident investigations to ensure all aspects of the incident have been reviewed. Prepare an Incident Report based on your findings. Names, addresses, telephone numbers of complainants, assailants and witnesses Occupation of complainants, assailants and witnesses Date and time of incident Date and time incident reported to employer Exact location of incident Exact location of complainants, assailants and witnesses Activities of complainants, assailants and witnesses before, during and after incident Statements of witnesses and their locations Detailed explanation of events in order of sequence of occurrence Complainant s account of events Description of assailant(s) Description of any vehicles involved in incident Assailant s account of events What participants said and did immediately before and after incident Physical conditions of work environment at time of incident Assailant s physical and mental state prior to and at the time of incident Unusual activity that may have contributed to incident Substance use or abuse Relationship between complainant and assailant, if any Investigator s relationship to complainant and assailant, if any Photographs of incident site Diagram of incident site, location of injured worker and witnesses Submit Report to: Any member of the Joint Health & Safety Committee Director, Human Resources Director, Development & Programs Family Day Care Services Page 6 of 18

7 APPENDIX B: Violent Incident Report Form Page 1 of 2 Complainant Information Name Job Title Centre/department Date of incident: Time of incident: Type of Incident Physical Verbal Other Description of Incident Location of Incident Medical Attention required (Please explain): Police called? Yes No If yes, give details: WSIB reported issued? No Family Day Care Services is exempt from WSIB requirements Investigation conducted? Yes Names of investigators involved: No Reported to Supervisor? Yes No Name of Supervisor: # of individuals or staff affected: Lost work time: Yes No Family Day Care Services Page 7 of 18

8 Violent Incident Report Form Page 2 of 2 Assailant Information Employee Customer Visitor Delivery person Ex-employee Other (please specify) Gender Male Female Name (if known) Age Height Weight Complexion Other distinguishing marks: Vehicle description (if any): Other Information Has the assailant been involved in any previous incidents with employees? If yes, provide details. Did any working condition or other factors contribute to the incident? Names of witnesses: Please provide any other information you think is relevant: Name of Investigator: (print) Signature of Investigator: Date: Program Manager: Family Day Care Services Page 8 of 18

9 APPENDIX C: Serious/Minor Incident Report Form Page 1 of 2 Complainant Information Name Job Title Centre/department Date of incident: Time of incident: Type of Incident Physical Verbal Other Description of Incident Location of Incident Medical Attention required (Please explain): Police called? Yes No If yes, give details: WSIB reported issued? No Family Day Care Services is exempt from WSIB requirements Investigation conducted? Yes Names of investigators involved: No Reported to Supervisor? Yes No Name of Supervisor: # of individuals or staff affected: Lost work time: Yes No Family Day Care Services Page 9 of 18

10 Serious/Minor Incident Report Form Page 2 of 2 Assailant Information Employee Customer Visitor Delivery person Ex-employee Other (please specify) Gender Male Female Name (if known) Age Height Weight Complexion Other distinguishing marks: Vehicle description (if any): Other Information Has the assailant been involved in any previous incidents with employees? If yes, provide details. Did any working condition or other factors contribute to the incident? Names of witnesses: Please provide any other information you think is relevant: Name of Investigator: (print) Signature of Investigator: Date: Program Manager: Family Day Care Services Page 10 of 18

11 APPENDIX D: Workplace Violence & Harassment Risk Assessment Name: Title: Department: Date: Part One: Work Centre/Department Task Yes No Describe/Specify Action to be taken Please describe your centre/ department and the types of activities/functions performed by employees in the centre /department Part Two: History Task Yes No Describe/Specify Action to be taken Have there been incidents when employees in your centre/ department have experienced or been threatened with physical violence? Answer yes or no and please describe incidents. Have there been incidents when employees in your centre/ department have experienced verbal abuse, e.g. shouted at, obscene language, threats or obscene phone calls? Answer yes or no and please describe incidents. Part Three: Activities Which Might Expose Employees to Risk of Violence Task Yes No Describe/specify Do employees in your centre/ department work with money or other valuables? Answer yes or no and please describe. Do employees in your centre/ department deliver or collect items of value? Answer yes or no and please describe. Action to be taken/control measure to implement Family Day Care Services Page 11 of 18

12 Task Do employees in your centre/ department deal with people who may be under the influence of drugs or alcohol? Answer yes or no and please describe. Do employees in your centre/ department deal with people who are deeply troubled or distressed? Answer yes or no and please describe. Do employees in your centre/ department monitor or regulate the activity of others or carry out procedures or make decisions which adversely affect others? Answer yes or no and please describe. Are employees in your centre/ department involved with activities that might elicit a negative or confrontational response? Answer yes or no and please describe. Are there other aspects of the work in your centre/department that might spark a violent response? Answer yes or no and please describe. Yes No Describe/specify Action to be taken/control measure to implement Part Four: Factors that Increase the Risk of Violence Task Yes No Describe/specify Do any of your employees work alone during normal working hours? Answer yes or no and please describe. Do any of your employees work alone after normal working hours? Answer yes or no and please describe. Please describe any precautions already taken to safeguard employees of your centre/department who work alone. Please describe other factors which you feel might increase the risk of violence. Action to be taken/control measure to implement Family Day Care Services Page 12 of 18

13 Part Five: Reducing the Risk of Violence Task Yes No Describe/specify Please describe policies or procedures already in place to reduce the risk of violence in your centre/department. In light of your response to the questions in this assessment: a) Do you consider that you have taken all reasonable steps to prevent or reduce the violence? b) What further steps would you recommend? c) What assistance do you need to accomplish any of the above steps? Please specify. Action to be taken/control measure to implement Family Day Care Services Page 13 of 18

14 APPENDIX E: Violence in the Workplace Compliance Checklist Task Yes No N/A Action Required 1. Violence prevention program Does your workplace have a violence prevention program? Does the program include: risk assessment process policies and procedures control measures in place/ evaluation and implementation of corrective action. communication process/ instruction to staff training and education reporting and investigation process Was the program developed by management in collaboration with the Health and Safety Committee or worker representatives? Was the program approved by senior management? Did you clearly communicate the program to all employees? Have you included the workplace violence prevention program as part of your general occupational health and safety program? 2. Violence prevention policy and standards Have you established policies and procedures to eliminate or minimize the risk to staff from violence? Does the policy include clearly established standards and expectations for violence prevention such as: a policy statement acknowledging the risk of injury from violence; a clear statement of the responsibilities of managers, supervisors, and staff; provision for periodic risk assessments; Family Day Care Services Page 14 of 18

15 Task Yes No N/A Action Required establishing clear codes of conduct, supported by procedures that are conducive to a culture that encourages and supports early identification, intervention and meaningful discussion; written instructions for staff so they understand the work environment arrangements designed to minimize the risk of violence and safe response methods they must use; worker and supervisor training; incident reporting and investigation; incident follow-up, including review of your corrective action taken to determine its effectiveness; and annual program review to evaluate the program s performance. Does the violence policy deal with domestic violence? Did you clearly communicate the policy and procedures to all employees via: group meeting hard copy bulletin boards intranet individual meeting 3. Risk assessment Have you conducted a risk assessment to determine the nature, type and likelihood of occurrences of violence anticipated in the workplace? Have you assessed the location and circumstances in which work takes place at your workplace? Have you reviewed records and reports, e.g. security reports, employee incident reports, staff perception surveys, health and safety inspection reports, first aid records or other related records (at least once a year)? Have you reviewed past incidents and accidents, e.g. Ministry of Labour orders (at least once a year)? Family Day Care Services Page 15 of 18

16 Task Yes No N/A Action Required Have you reviewed factors at the workplace that might contribute to risk of violence, e.g. contact with public, exchange of money, working alone or at night, etc. (at least once a year)? 4. Control violence hazards Do measures include workplace design to minimize the risk of violence, e.g. use of signs, locks, physical barriers, lighting and electronic surveillance? Have you considered improvements such as placing the reception area in view of other staff, improving lighting in the parking lot or using fences to control access to the work site? Do you have written procedures for checking the well-being of any worker assigned to work alone or in isolation under conditions which present a risk of injury? Have you implemented control measures, such as: two-way communications systems intervention security link to the police emergency-response teams video surveillance cameras personal alarms panic buttons/ voice-activated devices adequate staffing system for identifying, isolating and restraining high-risk patients, residents or clients escape avenues safe rooms with peep holes and communication ability Was the violence prevention program part of all employee orientation and training? Are education and training provided to staff so they are aware of potential violence risks, policies and procedures for controlling them? Family Day Care Services Page 16 of 18

17 Task Yes No N/A Action Required Have all your staff been trained in the written procedures? Is your training sufficient to ensure your staff are aware of any risk of violence and the appropriate measures to be taken if violence occurs or is threatened? Do your supervisors have the necessary training to safely supervise all staff? 5. Communication process Have you provided information to your staff related to the risk of violence from any persons whom you are aware have a history of violent behaviour and whom your staff might encounter in their work? 6. Reporting and investigation Have you developed a chain of command and reporting/ response procedure in the policy/program to respond to threats of domestic and workplace violence, abuse, harassment or other violencerelated complaints that occur in the workplace or that are workrelated? Have you established required steps to take toward resolving incidents in a timely manner? Have you established steps to communicate to appropriate workplace parties, e.g. complainant, workplace representative, JHSC, Human Resources, Occupational Health and Safety manager and co-staff? Have you established a safety plan for victims to ensure that a number of safety/security measures are in place for their protection? Staff scheduling and work reassignments and transfers should be accommodated in situations involving any form or source of workplace violence. Family Day Care Services Page 17 of 18

18 Task Yes No N/A Action Required Do you have a process to ensure a thorough investigation of all claims of misconduct present in the workplace? This process will also outline that mediation should not be utilized for incidents involving any form or source of violence because of the power imbalance between the parties in these circumstances. 7. Audit and review of program Do you regularly inspect your workplace and look for signs of violence such as broken items or holes in walls? Do you conduct an annual review of the violence prevention program, and make revisions where needed? Is the violence prevention program audited every year to ensure it is effective, and revisions are made where needed? Family Day Care Services Page 18 of 18