Generic Version Adaptable for Employers in MB, NB, NL, NS, NT, NU, PE, QC, SK and YT

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Generic Version Adaptable for Employers in MB, NB, NL, NS, NT, NU, PE, QC, SK and YT

WORKPLACE VIOLENCE PROGRAM (Generic Version—Adaptable for Employers in MB, NB, NL, NS, NT, NU, PE, QC, SK and YT)

1. WORKPLACE VIOLENCE POLICY STATEMENT

1.1. Statement of Commitment to Prevent Workplace Violence

JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction)

MANITOBA*

Company Commitment

At , we are committed to providing a safe work environment for all staff. Management recognizes the potential for violence or threats against staff. Actions have been taken to identify potential sources of violence and to implement a violence prevention Program to eliminate or minimize risk.

Violence Is Against the Law

Canada’s Criminal Code prohibits violence. You have a right to live and work without being subjected to violence. This Program outlines what to do if you are subjected to threats or violence at work, or if you, as a manager or employee, become aware of a violent situation.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

NEWFOUNDLAND & LABRADOR*

has on ongoing commitment to protect personnel from the risks of bodily injury and workplace violence.

In fulfilling this commitment, we have adopted this workplace violence prevention Program in accordance with best practice standards and legislative requirements. Under this Program, management will strive to identify and eliminate foreseeable hazards of violence, which may result in personal injury through regular hazard assessments and the reporting of workplace accidents/incidents. We will provide the resources and education required to ensure workers are aware of the violence hazards they face and how they can protect themselves.

A safe and violence-free work environment can only be created with the cooperation of workers and all levels of management. Thus, all workers must be equally committed to prevention of workplace violence. Workers must become familiar with and follow the safe work practices set out in this Program. They must also report in a timely manner, any unsafe acts or conditions that arise. The same applies to contractors who must read and abide by legislative requirements and our safe work practices.

To maintain a violence-free work environment, will ensure there is constant consultation between management and workers on violence and other health and safety related issues. This will be achieved through regular meetings with the WH&S representative/OH&S committee. We will also monitor the application of safe work procedures through constant supervision and performance reviews and take follow up action as required.

Creating a violence-free work environment is of vital importance to . Without it, we cannot be the best we all can be. Therefore, I trust all of you will join me in a personal commitment to workplace health and safety.

Signed: Date:

*Adapted from sample language in WHSCC guidelines about creating a general OHS policy statement.

NOVA SCOTIA*

Sample 1

The management of recognizes the potential for violent acts directed against staff. Management also acknowledges the potential for physical and emotional harm as a result of these violent acts. No forms of violence will be tolerated in the workplace. Every effort will be made to identify possible sources of violence and implement procedures to eliminate or minimize the risks they create.

Sample 2

acknowledges that violence in the workplace is an occupational health and safety hazard that can cause physical and emotional harm. We view any acts of violence or threats of violence in the workplace as unacceptable. We are committed to working to prevent workplace violence and to responding appropriately if workplace violence does occur. All members of the company are responsible for creating and maintaining a safe environment.

*From Occupational Health and Safety Division, Reference Guide on Violence in Workplace Regulations. 1.3. Workplace Violence Prevention Program

To further these policies and commitments, has adopted the following program to prevent violence in the workplace.

1.4. Definition of Workplace Violence

For purposes of this Program, “workplace” means any place where a worker is engaged in work for the employer, including but not limited to the physical premises of , any area where the employee is making a delivery for , any area where a worker is providing a service under ’s direction and any mode of transportation, e.g., train or plane, where the worker is travelling in the course of business (other than modes of transportation outside work hours that doesn’t control, e.g., commuter trains or buses to get to and from work).

2. RESPONSIBILITIES OF DIFFERENT PERSONNEL Ensuring a violence-free workplace is everybody’s responsibility, including management, supervisors and employees. Responsibilities of different groups include:

2.1. Management

JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt)

MANITOBA*

Employers’ Responsibilities The management at management must ensure, as much as reasonably practical, that no employees are subjected to violence in the workplace.

Management will take corrective action with anyone under their direction who subjects an employee to violence.

Management will not disclose the name of a complainant or the circumstances of the complaint to anyone except where disclosure is: * necessary to investigate the complaint * required to take corrective action * required by law Management will ensure all employees are aware of the risks of violence in the workplace and are properly trained and equipped to protect themselves.

The violence prevention Program is not intended to discourage or prevent anyone from exercising any other legal rights under any other law, including laws that ban employment discrimination.

, its managers and supervisors are responsible for creating a safe working environment, free from violence. Anyone aware of violence in our workplace must bring it to the attention of management so that the issue can be addressed immediately.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

2.2 Environment, Health & Safety Coordinator

2.3. Supervisors

2.4. Workers

JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt)

MANITOBA*

Employees Rights and Responsibilities

Employees are entitled to work free from violence.

Employees are responsible for working together in a professional manner and resolving issues in a non-violent manner. Employees are to bring issues to their supervisor if they cannot be mutually resolved.

Employees must report incidents of violence to their supervisor. They must also cooperate in the investigation of a violent incident. Anyone who gives evidence or information in an investigation or is involved in the process, must keep this information confidential, except when it is necessary to deal effectively with the issue. * Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

2.5. Joint Health & Safety Committee (JHSC) Members/Health & Safety Representative (HSR)

2.6. Contractors and Subcontractors

2.7. Building/Site Security

2.8. Visitors

2.9. Others

3. HAZARD ASSESSMENT 3.1. Workplace Violence Hazard Assessment will assess the risk of workplace violence based on the following risk factors: a. History of Violence at the Particular Workplace  Number and frequency of violent incidents  Type and severity of incidents  Nature of incidents, i.e., by workers on co-workers, by outsiders on workers, etc.  Cause or trigger of incident

b. Industry Experience  Frequency of violent incidents at similar workplaces  Type and severity of incidents at similar workplaces  Nature of incidents, i.e., by workers on co-workers, by outsiders on workers, etc.  Cause or trigger of incident

c. Characteristics of Workers  Training, experience and skills  Age  Gender  Appearance  Size and stature  Health  Personality and attitude

d. Nature of Work Environment  Work location  Number of workers  Workplace layout, including decor, furniture placement, existence of barriers and fences between workers and the public  Internal lighting  External lighting  Security arrangements  Hours of operation  Equipment and tools used or available for use  Methods of communication available  Existence of exit signs and exit procedures  Availability of backup

e. Nature of Work Operations

 Handling of cash  Protecting valuables  Interaction with the public  Dealing with or being near dangerous people, e.g., the mentally unstable

f. Observations and recommendations of the JHSC or HSR

g. Measures already in place to prevent and protect against work place violence, e.g., do people at the work place all recognize and appreciate that violence is not tolerated, how has handled previous incidents of violence, etc.

h. Other:

3.2. Hazard Assessment Procedure Workplace violence hazard assessment will be performed by a competent person who understands the work and its hazards. The competent person will gather the data necessary to conduct the assessment, including but not limited to:  Incident reports of all previous incidents of violence in the workplace;  Reports of corrective actions, if any, taken in response to such incidents;  Recommendations of the JHSC or HSR; and  Surveys and other input of workers and supervisors indicating their perceptions of the security of the workplace and the potential for violence. The competent person who performs the hazard assessment will complete a written hazard assessment report, a copy of which is attached as Exhibit A to this Program.

3.3. Review of Hazard Assessment 4. WORKPLACE VIOLENCE CONTROLS has adopted the following measures to control the risks of workplace violence identified by the hazard assessment.

4.1. Workplace Design Controls

4.2. Administrative Practices

4.3. Work Practices JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction)

MANITOBA*

Steps to eliminate or minimize the risk of violence

Safe work procedures have been developed to inform and train employees about the risks of violence. These risks were identified in a risk assessment conducted in conjunction with the workplace safety and health committee. The safe work procedures have been reviewed with all employees. Documented safe-work procedures on violence prevention include:

working alone how to deal with irate customers robbery prevention handling money parking lot safety

As a result of the risks identified in the assessment, the following physical changes have been made in the workplace:

increased lighting decreased sources of occupational stress, such as noise and overcrowding the addition of protective barriers in areas where staff interact with customers increased site security inside and outside the building (including parking lot)

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

5. PROCEDURES FOR SUMMONING HELP & REPORTING VIOLENCE 5.1. Procedures for Summoning Immediate Help

5.2. Threat Response Procedures

5.3. Reporting Incidents or Threats of Violence If you witness or are aware of a threat or incident of workplace violence, report it as soon as possible to a supervisor, manager or other official by completing the Violent Incident Report form, a copy of which is attached to this Program as Exhibit B.

JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction)

MANITOBA*

How to Report Incidents of Violence

1. Report all incidents or threats, and attempted or actual violence, to your immediate supervisor. 2. The employee and the supervisor will assess the risk associated with the situation and complete the violence incident report form. The form must be completed for all incidents, whether they are actual violence or a threatening situation where there is a reasonable expectation that it may become violent. 3. The supervisor will report all incidents of violence (including situations where there is a reasonable expectation that the threat may become violent), to the director as soon as possible. The director will immediately notify human resources. 4. The violent incident report must be submitted by human resources to the chief operating officer within 24 hours of receiving the report. 5. If any injury or mental trauma occurs, the worker and supervisor must complete an injury report form and submit it to human resources.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

5.4. Assurance of Non-Retaliation No worker will be penalized, disciplined or suffer any other form of adverse treatment, reprisal or recrimination because he or she has reported an incident or threat of violence.

6. INVESTIGATION & RESOLUTION PROCEDURES 6.1. Incident Investigation Procedures JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction) MANITOBA*

Investigating Violent Incidents

1. The violent incident report must be completed for all violent incidents, including situations where there is a reasonable expectation that the incident or threat may become violent in the future. 2. The director, supervisor and human resources will review all incidents that are reasonably expected to become violent. The current procedures will be reviewed and additional steps may be taken to prevent future violence. 3. The director, supervisor and human resources will investigate all reported incidents of actual violence. The existing procedures will be reviewed and revised as necessary to prevent a repeat. 4. All violent incident reports will be sent to the safety and health committee for review. All revisions and recommendations to the violence prevention policy from the director and human resources will be forwarded to the safety and health committee for consultation and review.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

6.2. Internal Resolution of Violence Complaints Once becomes aware of workplace violence or alleged workplace violence, it will take the following steps to try and resolve the matter internally as soon as possible.

6.3. Debriefing of Victims will immediately de-brief individuals who have been victims of violence. Such de-briefing will involve review of the critical facts of the incident as determined by the investigation and review of the victim’s needs.

6.4 Support Provided to Victims JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction)

MANITOBA*

Recommendation to Get Medical Help

* Employees who have been the victim of violence will be:

O encouraged to get medical help; O given the opportunity to be examined by a physician; O provided with transportation if required

* Employees and their families can get crisis counselling through the employee and family assistance plan. * The employee will keep all existing benefits programs while under treatment or counselling. * If an employee gets medical help or misses work, both the employer and worker must file a report of injury with the Workers Compensation Board. * The supervisor, director, and human resources will review the incident and its effects and take reasonable steps to accommodate employees involved in the incident.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

6.5. Discipline for Acts of Violence ’s policy with regard to workplace violence is zero tolerance. This means that acts of workplace violence will not be tolerated from any person and will be responded to with appropriate disciplinary action, up to and including termination, based on a thorough investigation of the incident and the surrounding circumstances. Such disciplinary action may include immediate termination, even if the person committing the act has committed no prior offences or engaged in previous acts of violence.

7. NOTIFICATION & REPORTING

7.1. Notifying Workers of Persons with History of Violent Behaviour In accordance with its duties under OHS laws and as part of its duty to provide workers appropriate information about the risks of workplace violence, and subject to its obligation to protect the privacy of individuals’ personal information under privacy laws, will provide information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour that the worker is likely to encounter in the course of his or her work.

7.2. Notifying Police of Violent Incidents will notify the police of all incidents of workplace violence involving physical assault and in all cases where the victim requests it.

7.3. Notifying Workers of Violent Incidents

JURISDICTION-SPECIFIC LANGUAGE (Suggested by govt of jurisdiction) MANITOBA*

Notification of Workers at Risk

When an actual incident of violence has occurred or when it is reasonably expected to become violent, will take the following steps to ensure the safety of all employees:

1. Human resources will advise the employees who are at risk. They will also coordinate a review of current procedures to minimize risk. 2. All available information about the source of violence will be provided to the employees who are at risk and their supervisors. 3. Depending on the circumstances, appropriate steps will be taken to protect employees.

* Adapted from Manitoba Workplace Safety & Health Division “Guideline for Preventing Harassment and Violence in the Workplace”

7.4. Notifying Joint Health & Safety Committee/Health & Safety Representative of Violent Incidents

7.5. Notifying Government of Violent Incidents

8. INFORMATION & INSTRUCTION

8.1. All Workers to Receive Workplace Violence Information & Instruction will provide appropriate information and instruction to all workers exposed to the risks of violence about the nature and extent of the risk and the measures in place to control those risks set out in this Program: a. On a regular basis;

b. When there are significant changes to risks encountered;

c. When there are significant changes to the Program; and

d. When circumstances indicate that additional training or instruction is required, e.g., when procedures aren’t being followed because workers don’t know about them.

8.2. Information & Instruction Provided

8.3. Verification of Effectiveness of Training & Instruction 8.4. Updating of Training & Instruction Program will review and, if necessary, update its safety training, information and instruction program and materials: a. On a regular basis;

b. When there are significant changes to risks encountered;

c. When there are significant changes to the Program; and

d. When circumstances indicate that additional training or instruction is required, e.g., when procedures aren’t being followed because workers don’t know about them.

8.5. Training & Instruction Records

9. PROGRAM REVIEW

9.1. Responsibility for Program Review

9.2. Frequency of Program Review will review the effectiveness of the measures and procedures relating to workplace violence set out in this Program at least once a year. Program review will also be undertaken if: a. A reassessment of hazards indicates that revisions are necessary;

b. The JHSC, HSR or workers indicate that current measures and procedures are inadequate;

c. A violent incident shows that current measures and procedures are inadequate; and/or

d. The workplace’s response to a violent incident or complaint shows that current reporting or investigating procedures need to be revised.

9.3. Factors of Program Review& Evaluation Method Review of the Program will take into account:  Workplace conditions;  Work locations;  Work activities;  Workplace inspection reports;  Employee reports;  Records of investigations into work place violence incidents or threats;  Workplace health and safety evaluations;  Data on violence in the work place;  Data on violence in similar work places; and  Observations of the JHSC or HSR.

9.4. Program Review Records

EXHIBIT A Risk Assessment Summary Report

EXHIBIT B Violent Incident Report Form

EXHIBIT C Harassment Incident Report Form

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