Sample Policy. Employees and Board members must treat others in the workplace with respect and sensitivity.

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1 Sample Policy Workplace abuse, bullying and harassment Policy T-Care s WH&S policy states that it is our commitment to provide a safe and healthy working environment for all employees and other persons in the workplace. This duty extends to ensuring that the workplace is free from abuse, harassment and violence. Employees and Board members must treat others in the workplace with respect and sensitivity. Workplace abuse, harassment and bullying will not be tolerated at T-CARE. All employees and managers have a responsibility to ensure their behaviour does not harass others and to respect individual differences and not discriminate against, harass or bully people while carrying out their work. When working with clients, employees are expected to employ preventative measures in order to reduce the likelihood and/or severity of an incident occurring. Definitions Workplace Abuse Workplace abuse can take various forms including violence, verbal abuse, emotional abuse, sexual abuse, harassment and bullying and is not tolerated at T- CARE. Workplace abuse is not only a WH&S issue. In some circumstances the abuse may amount to a crime, and these circumstances will be reported to the police. Workplace abuse can take many forms including: o Client-related actions directed at employees. o Interactions that are internal to the organisation involving employees, managers, Board members and/or other people organised by the organisation. o Actions directed at people in the workplace from the general public, e.g. assault or robberies. Abusive acts may include, but are not limited to: o Verbal abuse. o Written abuse. o Discrimination. o Harassment. o Bullying. o Spitting. o Stalking. o Threats. o Physical or sexual assault. o Armed robbery. Bullying & Harassment Policy Version 1 Page 1 of 6

2 o Malicious damage to the property of staff, clients or the organisation. As we operate in the community services sector, an additional threat of abuse is from our clients who are often from groups considered high risk (e.g. people with psychiatric conditions, substance addictions and/or brain injuries). In addition, T-CARE also appreciates that much of our work is carried out in the less predictable environments of home and community settings which can increase the risk of abuse occurring. Harassment Harassment is unwanted, unwelcome, uninvited or unreciprocated behaviour that could make an employee or client feel intimidated, offended, or apprehensive in the workplace. The main forms of harassment are racial, sexual or based on the characteristic or condition of another person. Harassment can occur in any workplace location including those where services are delivered outside the usual workplace such as a clients home. Examples of harassment include (but are not limited to): o Physical contact or invitations. o Persistent following (stalking). o Persistent verbal abuse or threats. o Derogatory or dismissive comments about the personal characteristics of the person or the group to which they belong. o Gestures that are insulting or belittle a person or the group to which they belong. o Circulating or displaying written or pictorial material that is offensive or belittling. o Persistently disrupting an individual s work, or interfering with personal property. o Jokes at the expense of a person or the group to which they belong. Bullying Workplace bullying is repeated, unreasonable behaviour directed toward an employee or group of employees, that creates a risk to health and safety. Bullying is a form of harassment and can be brought within anti-discrimination and criminal codes. Bullying is also a breach of occupational health and safety laws when a person s health or safety is at risk. Examples of bullying may include (but are not limited to): o Deliberately changing work duties to victimise particular employees. o Verbal abuse. o Intimidation. o Sabotaging someone s work. o Threats, taunts or teasing. o Degrading or embarrassing practical jokes. o Ridiculing someone s opinion. Sexual Harassment Sexual harassment can be defined as any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sex based harassment is harassment which is directed at someone Bullying & Harassment Policy Version 1 Page 2 of 6

3 because of their sex. Examples of sexual harassment include (but are not limited to): o Uninvited touching, kisses or embraces. o Inappropriate/offensive jokes or comments. o Making promises or threats in return for sexual favours. o Displays of sexually graphic material in common areas. o Flashing or sexual gestures. o Sex-based insults, taunts, teasing or name-calling. o Staring or leering at a person or at parts of their body. o Requests for sex. o Sexually explicit conversation. o Persistent questions or insinuations about a person s private life. o Offensive phone calls or letters. o Sexual assault and rape. o Offensive or mobile phone messages, computer screen savers. Sexual harassment in employment is prohibited through the recruitment and selection process, the course of employment and termination of employment. Racial Harassment Racial harassment is unwanted behaviour towards a person based upon that person s race or related aspects including ethnic origin, language background, culture and religion. Examples include (but are not limited to): o Personally offensive threatening language and behaviour. o Taunting. o Ostracizing. o Mocking of accents, cultures and customs. o Practical jokes. o The display of racist cartoons or posters. Other Forms of Harassment Other forms of harassment include harassing behaviour based on political affiliation, religious belief, sexual preference, marital status, pregnancy, physical or mental disability, assumed or actual HIV status, or age. Procedures All T-CARE employees are to be made aware of this policy. The CEO will ensure that reasonable steps are taken, including the provision of training where appropriate, to ensure that all employees know their rights and responsibilities in relation to all forms of abuse including harassment and bullying. All staff and management of T-CARE will promote appropriate standards of conduct at all times. The Senior Management of T-CARE will fulfil its duty of care to its employees and address any risks of workplace abuse. Management will practice risk management by identifying risk factors and developing strategies to control or eliminate the risk (see Risk Management Policy). Bullying & Harassment Policy Version 1 Page 3 of 6

4 In the incidence of workplace abuse employee(s) involved must submit an Incident Report to their supervisor. Employees have the opportunity to debrief with their supervisor within 48 hours of the incident occurring (see Critical Incident Policy). Any complaints or reports of abuse, discrimination, harassment or bullying will be treated quickly, seriously and sympathetically. They will be investigated thoroughly, impartially and confidentially in line with the principles of the Grievance Policy. Counselling is available to all T-CARE employees via the EAP. The Board shall ensure that it has adequate insurance to cover workers compensation and injury management/rehabilitation (see Critical Incident Policy). Incidents will be reported to the Police by the CEO/Supervisor where appropriate. All forms of bullying and harassment are to be dealt with and should not be ignored (as ignoring the behaviour could be taken as tacit consent). T-CARE recognises that comments and behaviour which do not offend one person can offend others, the management/board accepts that individuals may react differently and expects this right to be generally respected. Anyone who experiences or witnesses harassment or bullying is encouraged to either: o Tell the harasser that the behaviour is offensive, unacceptable and against the organisational policy and tell them to STOP; OR o If the person feels they are unable to confront the harasser they should seek assistance in having the behaviour stopped. This may include making a report or complaint to their Manager/Supervisor. If an employee feels that they are unable to resolve the matter themselves, the following people may be able to assist: o The line Manager. o The CEO. o o The chairperson of the Board. The EAP (NB the EAP shall not intervene directly. However, they may offer support to the employee to assist them to undertake an appropriate course of action). In addition to the management of T-CARE employees may approach the following for independent advice at any stage of the process: o Equal Opportunity Commission. o WorkSafe. o Relevant Union. o Other external agencies including the Employee Assistance Provider (EAP). The Manager/Supervisor will ensure that the rights of the complainant/and respondent (alleged harasser) are respected at all times. Employees will not be disadvantaged in their employment conditions or opportunities as a result of lodging a complaint. When employee allegations are substantiated, disciplinary action will be taken against the harasser in accordance with T-CARE s Disciplinary Action Policy. When employee allegations are not substantiated the complainant and other party will be so informed. If the investigation finds that the complaint was not made in good faith, appropriate action may be imposed in line with T-CARE s Disciplinary Action Policy. Managers and supervisors, who fail to prevent harassment, or take prompt action when harassment is reported, may also be subject to disciplinary action in line with T-CARE Disciplinary Action Policy. Bullying & Harassment Policy Version 1 Page 4 of 6

5 Working with clients T-CARE employees are encouraged to be flexible and calm when working with clients. We should aim to minimise clients discomfort and maximise our acceptability to them. When accepting a referral, information about the possibility of violence from clients, (e.g. violent history, and existence of a current AVO) must be gathered from the referring agency. This should be initially done by the Intake Officer then further investigations should be made by the client s Program Co-ordinator/Case Manager. Where a behaviour management plan exists, all workers that are working with the client in question must be provided with a copy and briefed on its interpretation by the Program Co-ordinator/Case Manager. It is the Program Co-ordinator/Case Manager s responsibility to assess the need for a behaviour management plan or need for a revision of the current behaviour management plan and refer the client to a suitably qualified agency for further investigation (e.g. DADHC). If the client or person undergoing an assessment by T-CARE has been diagnosed with a psychological/psychiatric condition and this condition may be associated with abusive behaviour, then the client s health professional must be contacted. The person must be compliant with treatment recommendations. If the person is found to not be compliant with their prescribed treatment and this poses a risk of abusive behaviour then T-CARE will cease or not commence service. In this situation a referral to appropriate agencies will be made where possible. The safety of the staff will always be the first concern. Where an incident has occurred the Program Co-ordinator/Case Manager responsible for the client (in consultation with their line Manager) is to assess the need to apply a red dot to the client file which indicates that a hazard is present that is posed by the client or other people who may be present while the client receives a service. An explanation of why a red dot is present is to be noted in the file. Staff who are being verbally attacked should: o Assess the emotional/mental state of the client i.e. frustrated, disturbed, under the influence of drugs or alcohol. o Try to accommodate their needs. They may simply be frustrated by being kept waiting or being given conflicting advice. o Use non-aggressive language with a calm tone of voice. o Assess the potential for the situation to become physically violent. o Leave the situation if the client s behaviour does not become less threatening. o Invoke the Critical Incident Policy. Staff who are being physically attacked should leave the situation immediately and contact the office. They should invoke the Critical Incident Policy. Program Co-ordinators/Case Managers must continually monitor the risk of workers safety in working with their clients including their own. Where any risk is present or suspected in working with this client the case must further be formally assessed and a management plan developed. This plan must be approved by the Bullying & Harassment Policy Version 1 Page 5 of 6

6 Service Manager. It must then be communicated to all workers associated with the case. A strategy may include visiting the client in pairs. Bullying & Harassment Policy Version 1 Page 6 of 6