3.1. To ensure that all persons covered under this Policy are aware that violence is illegal and the Division will not tolerate workplace violence;

Transcription

1 Workplace Violence Prevention Policy Template 1. Commitment 1.1. The School Division is committed to providing workers with a work environment that is safe, secure, and free of intimidation, threats, and violence. The Division intends to maintain this commitment by responding with zero tolerance to acts of violence, by training workers to recognize and effectively respond to behavior which may lead to violence, by communicating to workers the expectations of responsible behavior in the workplace, and by setting out actions and measures the Division will take to eliminate the risk of violence to a worker or to control that risk if it is not reasonably practicable to eliminate it. 2. Application 2.1. The Workplace Violence Prevention Policy (this Policy) applies to all Division workers, trustees, students, parents, volunteers, visitors and contractors working in, attending to, or visiting premises controlled by the School Division. 3. Policy Objectives: The objectives of this Policy are: 3.1. To ensure that all persons covered under this Policy are aware that violence is illegal and the Division will not tolerate workplace violence; 3.2. To ensure that the workplace is free of violence, so far as it is reasonably practical to do so; 3.3. If it is not reasonably practical to provide a workplace free from violence, to ensure that every worker is aware of the actions taken and the measures implemented to control the risk of violence in the workplace; 3.4. To establish procedures: setting out the steps in place for summoning immediate assistance when an incident of violence occurs or is likely to occur; to be followed by workers in reporting an incident of violence to the Division; to be followed in documenting and investigating any incident of violence to a worker which the Division becomes aware of. Workplace Violence Prevention Policy Template Page 1

2 4. Definitions 4.1. Workplace The workplace is any place where individuals perform work, or work-related duties or functions for the School Division including, but is not limited to: the Division Office the Regional Offices schools work related social events, and/or other locations where work-related activities take place and where workers or others covered under this Policy perform work related functions Violence Violence means: the attempted or actual exercise of physical force against a person; any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used against the person. 5. Assessment of Potential Workplace Violence 5.1. In accordance with this Policy, the Division shall forthwith, in consultation with the Health and Safety Committee, set out the actions and measures the Division will take at each workplace to eliminate the risk of violence to a worker or to control that risk if it is not reasonably practicable to eliminate it The actions and measures referred to herein shall include: a description of any particular worksite at the workplace where an incident of violence has occurred or may reasonably be expected to occur, and any particular job functions at the workplace where the worker performing the function has been, or may reasonably be expected to be, exposed to incidents of violence; the measures that the Division shall implement to eliminate the risk of violence to a worker at the workplace, or to control that risk if it is not reasonably practicable to eliminate it; the measures and procedures that the Division has in place for summoning immediate assistance when an incident of violence occurs or is likely to occur; Workplace Violence Prevention Policy Template Page 2

3 Conducting individual safety assessments at each workplace facility to identify the potential for violence; A requirement that the principal or other administrator at each workplace review the file of all incoming students or workers and assess their potential for violence and the need to disclose such potential to affected workers The actions and measures referred to herein may include: The implementation or enhancement of surveillance systems; In appropriate circumstances, posting uniformed police at the workplace; A dedicated Educational Assistant to assist in dealing with dangerous students; Training for workers working in a violent workplace or with violent persons; Involvement of outside community resources to address prevention efforts; Updating and revising Division and school crisis communication plans; The establishment and training of a crisis intervention team if one is not in existence; The establishment of in-service sessions for all staff on the Violence Prevention Policy and crisis plan and procedures as well as training on behavioural signs that indicate someone is at risk of violent acts; A requirement that this Policy along with other related policies be included in the parent/student handbook; The establishment of procedures consistent with this Policy for staff and students to report suspicious behaviour, conversations, or activities The actions and measures developed in accordance with Article 5 hereof shall, once established, and when amended from time to time, be appended to this Policy and shall form a part thereof. 6. Incident Reporting and Recordkeeping 6.1. Any worker of the Division who feels they have been subjected to violence contrary to this Policy, shall report the incident to the principal of the school or, if the worker is not employed in a school, to the worker s immediate supervisor. Workplace Violence Prevention Policy Template Page 3

4 6.2. All reports of violence are to be recorded by the Principal on a Violent Incident Form containing: a description of the violent incident, the name of the complainant(s), the name(s) of the person(s) alleged to have violated this Policy, the investigations undertaken and the manner in which the incident was dealt with Such Violent Incident Forms shall be maintained at the applicable workplace for a period of at least three years Violence by Students Where, after an investigation in accordance with this Policy, a student is found to have acted contrary to this Policy a copy of the Violent Incident Form, information concerning the incident and any letters to the student and/or parent/guardian regarding suspension or expulsion are to be filed in the student's school record for a period of three years If the student transfers to another school, the information referred to herein is to be transferred to the school to which the student is transferred and workers at the new school shall be advised in accordance with this Policy Violence by workers Where, after an investigation in accordance with this Policy, a worker of the Division is found to have acted contrary to this Policy, a copy of the Violent Incident Form, information concerning the incident and any letters to the worker are to be filed in the worker s employment file for a minimum period of three years If the worker transfers to another school, the information referred to herein is to be transferred to the school to which the worker is transferred and workers at the new school shall be advised in accordance with this Policy Violence by third parties Where, after an investigation in accordance with this Policy, a third party is found to have acted contrary to this Policy, a copy of the Violent Incident Form, information concerning the incident and any letters to the worker are to be kept at the school for a minimum period of three years Removal of information pertaining to violence The information required to be included in worker and student files in accordance with Articles 6.3, 6.4 and 6.5 hereof, shall be removed from the applicable file after a period of three years, provided there have been no further violence complaints made and established, against the person. Workplace Violence Prevention Policy Template Page 4

5 6.8. Annual report on violent incidents Annually, the Division shall prepare a report that compiles: the records of the incidents of violence to a worker in the workplace, if any; the results of any investigation into an incident of violence, including a copy of: any recommendations for control measures or changes to the violence; any report prepared in respect of such an incident; and the control measures, if any, implemented as a result of an investigation into an incident The annual report respecting violence in the workplace must be provided to: the Health and Safety Committee at the workplace; the Health and Safety representative at the workplace; and when there is no Health and Safety committee or Health and Safety representative, the workers at the workplace. 7. Investigating Reports of Violence 7.1. Upon the receipt of any information alleging violence or risk of violence contrary to this Policy, the Division shall ensure an investigation is conducted in accordance with this Policy The investigation shall be conducted by the Co-chairpersons of the Workplace Safety and Health Committee, or, if there is no Committee, the employer and the Workplace Safety and Health Representative, or, if there is no Representative at the workplace, the employer and a worker employed at the workplace who is not associated with management, (the Investigative Committee). Co-chairpersons or Representatives may appoint a nominee in writing to act in their place and fulfill their duties on the Investigative Committee The Investigative Committee shall conduct and complete its investigation within a maximum of twenty (20) working days from the date the Investigative Committee commenced its investigation The investigation shall include, at a minimum, the following components: a meeting with the complainant to review the complaint and to seek any such clarification as needed; a meeting with the person(s) alleged to have violated this Policy for the purposes of communicating the allegation and receiving his/her version of events (which may be requested in writing); collection of all relevant evidence, and; Workplace Violence Prevention Policy Template Page 5

6 interviews with and/or receipt of written submissions from all witnesses the Investigative Committee considers to be material In exceptional circumstances where there is a danger of imminent harm, the Division may act immediately by taking such reasonable steps to prevent imminent harm, as the circumstances dictate Results of investigation Upon completion of the investigation, the Investigative Committee shall identify any control measure that is identified as a result of the investigation that will eliminate or control the risk of violence to a worker Upon receipt of the report from the Investigative Committee, the Division shall: Implement the control measures identified by the Investigative Committee, Administer any discipline as warranted by the circumstances. 8. Information to Workers 8.1. The Division shall post a copy of this Policy in a conspicuous place at each workplace and provide a copy to each worker The Division shall, as soon as practicable after this Policy comes into effect, inform each existing worker about the nature and extent of the risk of violence to such worker in the workplace The Division shall, as soon as practicable after the a new worker has been hired, inform such new worker about the nature and extent of the risk of violence to such worker in the workplace Unless otherwise prohibited by law, the Division has an ongoing obligation to inform each worker about the nature and extent of the risk of violence to such a worker in the workplace. Such obligation includes a duty to provide any information in the Division s possession, including personal information, related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work The information to be provided pursuant to Article 8.2 shall be the minimum amount necessary to allow workers to assess the risk of violence from such persons. Workplace Violence Prevention Policy Template Page 6

7 9. Disclosure of Complaint Information 9.1. All information provided by the complainant, including the name of a complainant, shall be kept confidential unless otherwise required by law, or necessary to investigate the complaint or take corrective action with respect to the complaint If any information about the complaint or complainant is required to be disclosed in accordance with this Policy, such disclosure shall be the minimum amount required to accomplish the purpose for which disclosure is required If the complainant is a student or staff member, the information will not be placed in the complainant's file unless the complainant is found to be a frivolous or malicious complainant or unless required by law. 10. Assistance to Workers Subjected to Violence A worker who has been exposed to an incident of violence will be given the opportunity to consult with a physician for treatment or referral for post-incident counseling without loss of pay or benefits. 11. Other Remedies Not Precluded Notwithstanding the existence of this Policy and its procedures, every worker of the Division continues to have the right at any time to file a grievance, seek assistance from the Manitoba Human Rights Commission, seek redress under the Criminal Code of Canada, or to seek any other statutory or civil remedy that may be available, whether or not steps are being or have been taken under this Policy. 12. Review of Policy The Division and the Workplace Safety and Health Committee shall meet on a regular basis for the purpose of updating this Policy based on past experience, new suggestions, or to deal with shortcomings in the Policy. 13. Existing Policies Existing policies of the Division shall, as soon as practicable, be reviewed to ensure that they are up to date and adequately deal with issues arising under this Policy. Workplace Violence Prevention Policy Template Page 7