HAMILTON CHAMBER OF COMMERCE April 7, 2010

1. HAMILTON CHAMBER OF COMMERCEApril 7, 2010 VIOLENCE PREVENTION IN THE WORKPLACE

2. FEDERAL/PROVINCIALLEGISLATION • CANADA LABOUR PART II Occupational Health and Safety • CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS • ONTARIO HEALTH AND SAFETY ACT

3. LEADING CASES • Federal: OC Transpo – Pierre LeBrun • Provincial: Windsor Hospital – Lori Dupont

4. FEDERAL • Canada Labour Code, Part II • Section 125(1)(z.16) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity take the prescribed steps to prevent and protect against violence in the work place.

5. FEDERAL • Canada Occupational Health and Safety Regulation Part XX – Violence Prevention in the Work Place • This Regulation came into effect upon being published in the Canada Gazette Part II on May 28, 2008.

6. FEDERAL JURISDICTION • Transportation – trucking, shipping, rail, marine & air • Telecommunications industry • Banks (within meaning of section 2 of the Bank Act) • Federal Public Service • Industry: 10%

7. WHAT IS “WORK PLACE VIOLENCE” • “Work place violence” is any “action, conduct, threat or gesture towards an employee in their work place that can reasonably be expected to cause harm, injury of illness to that employee” • The word “person” includes those individuals who work in the work place as well as those who may enter the work place, such as clients

8. PROVINCIAL JURISDICTION • EVERYTHING ELSE OR THE OTHER 90%

9. PROVINCIAL – BILL C 168 • Workplace violence is defined as: • The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to a worker • An attempt to exercise physical force against a worker in a workplace that could cause injury to a worker

10. PROVINCIAL BILL C 168 • A statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker

11. PROVINCIAL BILL C 168 • Workplace Harassment is defined as: A course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

12. NEXT STEPS • Develop a work place violence prevention policy • Identify all factors that contribute to work place violence (Risk Assessment) • Assess the potential for work place violence in an employee’s work place • Develop and implement systematic controls to eliminate or minimize work place violence or a risk of work place violence

13. NEXT STEPS • Review the effectiveness of the work place violence prevention measures in the work place • Develop and implement written emergency notification procedures in response to situations of work place violence and measures to assist employees who have experienced work place violence • (Does not include just calling 911)

14. NEXT STEPS • Provide information, instruction and training on the factors that contribute to work place violence to each employee exposed to or being at risk of work place violence • Maintain signed records of training for each employee

15. WORK PLACE VIOLENCE PREVENTION POLICY • A statement to the effect that the employer commits to providing a violence free work place • A statement to the effect that work place violence, including, but not limited to, bullying, teasing, and abuse and other aggressive behaviour will not be tolerated in the work place

16. WORK PLACE VIOLENCE PREVENTION POLICY • A commitment to share with employees any information which the employer possess concerning factors which contribute to work place violence • A commitment to assist employees who have been exposed to work place violence • Procedures to be followed should an employee be subject to work place violence (telephone # for assistance)

17. RISK ASSESSMENTS • Evaluate history of violence – your workplace or similar) • Risk factors associated with violence, such as working alone, working with the public, handling cash, at night, alcohol is served, working during periods of intense organizational change, carrying out enforcement duties, working with unstable or volatile person

18. RISK ASSESSMENT BILL C 168 • Domestic violence – if the employer becomes aware or ought reasonably to be aware that domestic violence would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker

19. DOMESTIC VIOLENCE • 2 publications for the Occupational Health and Safety Council on Ontario (OHSC) • Domestic Violence Doesn’t Stop When You Go To Work: How to get Help or Support a Colleague who may Need Help • Domestic Violence Doesn’t Stop When Your Worker Arrives at Work: What Employers Need to Know to Help

20. PREVENTATIVE MEASURES • Workplace Design includes but not limited to • Workplace lay-out • Use of Signs • Locks or physical barriers • Lighting • Electronic surveillance • Decisions about how to conduct business • Cash, electronic payments, locked drop safe, collection by a licensed security firm (CCOHS)

21. PREVENTATIVE MEASURES • Prepare a daily work plan • Identify a designated contact at office and a back up/use of a buddy-system • Keep designated contacts informed • Check credentials of clients • DO NOT ENTER any situation/location where you feel threatened/unsafe (CCOHS)

22. RESOURCES • Canadian Centre for Occupational Health & Safety (CCOHS) 1-800-668-4285 • www.ccohs.ca • Workers Health & Safety Centre 1-888-869-7950 • www.whsc.on.ca • Canadian Initiative on Workplace Violence Tel: 1-416-760-8505 / Fax: 416-760-8980 www.workplaceviolence.ca

23. SUMMARY • Establish process for an internal investigation and steps for resolution • There must be immediate response for prompt, appropriate responses for threats of acts of violence • MUST ESTABLISH CLEAR STANDARDS OF BEHAVIOUR

24. IN CONCLUSION • QUESTIONS/COMMENTS/CONCERNS

25. THANK YOU! Paul Curle Health & Safety Officer HRSDC LABOUR PROGRAM Phone: 905-572-2408 or 1-866-921-5762 Fax: 905-572-2077 or 519-645-5207 (London) paul.curle@labour-travail.gc.ca