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(Your logo here) Violence and Harassment in the Workplace Bill 168.

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Presentation on theme: "(Your logo here) Violence and Harassment in the Workplace Bill 168."— Presentation transcript:

1 (Your logo here) Violence and Harassment in the Workplace Bill 168

2  Almost 1 in 5 violent incidents in Canada occur at work  9/10 Victims of violence reported the violent act to police, co-workers, friends and family, but NOT their employer  Research suggests that 70% of domestic violence victims are also abused at work (your logo here)

3  It’s the Law  Compliance with Bill 168 is enforced by the Ministry of Labour  Compliance will be a key priority of Health and Safety Inspectors  Fines up to $500,000 for an organization  Fines up to $25,000 and/or 12 months jail time for individuals (your logo here)

4  A 2004 Statistics Canada Survey entitled “Criminal Victimization in the Workplace” found that 17% of violent incidents in Canada occur at the workplace.  This represents 356,000 workplace violence incidents in a 12-month period across Canada. (your logo here)

5  OC Transpo tragedy in 1999. A victim of severe workplace harassment kills 4 co-workers and then kills himself.  47 year old Aysegul Candir killed in the parking lot of the high school where she worked in Brampton by her estranged husband in 2004.  37 year old Lori Dupont stabbed to death by her estranged boyfriend while at work at Hotel Dieu Grace Hospital in Windsor even though the Hospital knew that the boyfriend had been stalking Dupont for months Isolated incidents? Not according to statistics!! (your logo here)

6  In 2007, there were 2,150 lost time claims from assaults, violent acts, harassment and acts of war or terrorism in Ontario.  It is estimated that bullied employees waste between 10 and 50% of their time at work defending themselves, networking for support and agonizing over their situation. (your logo here)

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8  Bill 168 was introduced in the legislature on April 20, 2009.  Received Royal Assent on December 15, 2009 and came into effect on June 15, 2010.  The new legislation imposes significant obligations for employers to develop and implement policies to address workplace violence and harassment, and to assess the risk of violence in the workplace. (your logo here)

9  The Bill also imposes a duty on us to address domestic violence in the workplace, requires certain procedures that must be followed if a violent incident occurs in the workplace, and requires that workers be informed if a person has a history of violence.  Workers will have the right to refuse to work if they feel they believe they are the target of workplace violence. (your logo here)

10  To protect workers against violence and threats of violence at work  To ensure we address incidents of harassment  To create an environment where concerns and complaints are welcome (your logo here)

11  A positive, safe and healthy workplace that results in the preservation of equal dignity and creates a culture that supports an individuals’ physical, emotional and social well-being.  Not only compliance to protect individuals from harassment and discrimination; it also places an obligation on employees to maintain a workplace that supports each individuals’ physical, emotional and social well-being. (your logo here)

12 All locations where  Employees conduct business or social activities (including after hours work events) AND  Where their behaviour may have a subsequent impact on work relationship, environment or performance This includes  Incidents that occur by way of electronic communication (i.e. e-mail and voicemail) (your logo here)

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14  Workplace harassment is defined as engaging in 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. (your logo here)

15 Not defined by intent but rather perception of:  Physical actions  Patronizing or condescending behaviour or language  Inappropriate jokes and/or insults  Displays of offensive materials or e-mail  Behaviours which contribute to a poisoned work environment; and  Bullying (psychological harassment) (your logo here)

16 Behaviour by a person or group which intimidates or demeans another person, and includes, but is not limited to:  Abuse of power  Humiliation or embarrassment  Persistent and unjustified criticism  Threats, or  Rumours/gossip (your logo here)

17 Behaviour or language that frightens humiliates or degrades Documenting poor performance Teasing or making someone the brunt of a practical joke persistently A decision not to award or provide a promotion Taking action to demote, discipline or terminate Following up on absences Displaying materials that are offensive or degrading Spreading rumours and/or gossip Setting unattainable deadlines for an increased workload Removing areas of responsibility Taking a firm stand on an issue with employees Yelling, threatening and/or using profanity Criticizing a person’s approach Blocking request for training, leave or promotion Denying vacation request Excluding or isolating a person (your logo here)

18  Every person has the right to freedom from discrimination and harassment in the workplace because of: Race Ancestry Place of Origin Colour Ethnicity Citizenship Creed (religion) Sex (gender) Sexual orientation Age Record of Offences Marital Status Family Status Disability  Can be either intentional or unintentional  Results in a person being treated unequally (your logo here)

19  The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;  An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker;  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. (your logo here)

20  Violence by Strangers  Violence by Customers/Clients  Violence by Co-workers  Violence by Personal Relations (your logo here)

21  Could this behaviour be perceived to be unwelcome and/or offensive?  Would a “reasonable person” have known that the conduct was not welcome or offensive?  Have these actions humiliated, embarrassed, demeaned or harmed somebody else?  Is it a series of events or a single incident? Note: A single serious incident may constitute harassment (your logo here)

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23  Obligation to disclose relevant information about anyone with a history of violent behaviour to others who may be impacted where there is a risk of violence at work  Obligation is to disclose relevant information about the risk when you are aware or reasonably should be aware of the risk of violence (your logo here)

24  Reasonable measures to protect workers include:  domestic violence training,  security measures such as installation of a panic button or additional door locks,  developing a safety plan with potential victims  Workers have the right to refuse unsafe work (your logo here)

25  Promote and Contribute to a Respectful Workplace  Refrain from any violation of this policy  Report incidents where violations of this policy have occurred to any person with leadership and/or supervisory responsibility; and  Cooperate fully in any investigation (your logo here)

26  The policy must provide measures and procedures that allow workers to report incidents of harassment and,  Explain how the employer will investigate and deal with any complaints (your logo here)

27  Employers are required to disclose personal information about those with a violent past  Confidentiality will be protected however, workplace safety is priority #1  Risk assessments will be conducted and communicated to staff  If you believe there is a risk of violence, please inform your manager and/or HR (your logo here)

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29 Harassment Program Development  We have also developed a harassment policy to address workplace harassment  The program includes measures and procedures for:  reporting incidents of workplace harassment to managers and/or HR; and  describing how we will investigate incidents or complaints of workplace harassment. (your logo here)

30 Violence Risk Assessment  We must assess the risks of violence by taking into account common risks at similar workplaces and risks that are specific to the our business.  The results of the assessments must be provided to the Management Team.  We will reassess risks of workplace violence as often as is necessary. (your logo here)

31 Training of Supervisors and Staff  Bill 168 requires the employer to provide information and instruction to all staff and Supervisors on the contents of the workplace violence and harassment policies and programs. (your logo here)

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33  Assess the potential for workplace violence that:  Can arise from the nature of the workplace;  Can arise from the type of work or conditions of work;  Common risks that are similar in the industry.  Requirement to reassess the risk of workplace violence as often as necessary to ensure that the policies and programs protect workers. (your logo here)

34  Statement reflecting no tolerance  Definitions of workplace violence and harassment  Behaviours constituting violence and harassment  Responsibilities of stakeholders  Process for making complaints  Investigation process  Corrective action  Safe place provided if needed  Confidentiality and discretion  Reprisals and non-retaliation (your logo here)

35 Informal Internal Complaints Formal Internal Complaints External Complaints & Resources (your logo here)

36 1. Employee approaches person and asks that the behaviour stops 2. Employee keeps a record of discussions and any other incidents 3. Employee approaches leader, if problem persists and/or uncomfortable Employee can speak to management or HR at anytime (your logo here)

37 1. Employee issues complaint in writing to management or HR within 30 days of incident 2. Management immediately forward complaint to HR. Complaint will be investigated in an impartial and timely manner. 3. Investigator will arrange to interview complainant and notes will be taken 4. Complaint will be investigated thoroughly with any necessary consultation with other employees 5. Report including recommendations will be discussed with complainant’s manager 6. Investigator will provide both the complainant and the alleged with a written response. (your logo here)

38  Use common sense and good judgment: if in doubt, don’t do it  Think before you say it or send in an email  Behaviour that does not rise to the level of unlawful harassment may still violate ACTA’s policy  Whether conduct is unwelcome depends on the other person’s perception and how a reasonable person would view that behaviour, not your intention.  Demonstrate respect – a civil, professional and healthy workplace begins with each of us, every day. (your logo here)

39  Everyone has access to a copy of the Violence and Harassment policy from management  The Management Team will be reviewing our office and determining what risks are present and what we need to do to ensure everyone’s safety  The incident report can also be acquired from Management  It is everyone’s responsibility to make sure that we have an environment free from violence and harassment – not only a responsibility but the law (your logo here)


41  Suzie was working late in the ACTA office one night, by the time she was ready to leave she was actually alone in the office (her manager did not know that she was working late). During the latter part of the day, a customer had come in to pay and Suzie had $2,500 in cash from the customer. It was December so by the time she left it was very dark outside. She had parked her car in the underground parking so had to walk through the lot to the door. All of the overhead lighting had burned out a couple of weeks ago. Suzie was very nervous walking out to her car. What are the issues? (your logo here)

42  Walter starts working at ACTA in the ABC team. Walter is a quiet man with a lot of body hair. All the members of the ABC team have been given nicknames over the years, Pillsbury Dough Boy (due to size), Pork Chop (due to nationality). Even Management uses these nicknames to address people. Walter became nervous about the nickname the group was creating for him. When young the kids at school called him Werewolf and he was very anxious not to draw this attention to his bodily hair. Walter confided in his Manager that this would cause him a great deal of anxiety should anyone come up with that name. The next day his team members began to refer to Walter as Werewolf, when he corrected them and stated that his name is Walter, the team ignored him and said everyone has a nickname and if he is part of the team he needs to participate. Walter began to withdraw from the group, his performance deteriorated and he ended up on medical leave. What are the issues? (your logo here)

43  Beth and Elmer are new employees at ACTA. Jack, a long term employee, likes playing practical jokes on people. At first it was things like unscrewing the doorknob on the washroom so that it fell off in Beth’s hand when she closed the door. He often uses an Elmer Fudd voice and asks Elmer if he would like to share some “wabbit” stew for lunch. He likes to tell blonde jokes and looks at Beth whenever he does (she is blonde). Both Beth and Elmer have complained to their manager, who tells them Jack is a good guy and is just having fun. He says Jack does this with all new employees, so maybe they should lighten up and pull a few pranks on Jack themselves. Things, however, got out of hand when Jack let the air out of one of Elmer’s tires. Elmer was furious and called Jack a “stupid jerk” saying he was going to complain to management. Jack said “Go ahead, management won’t take time out of their busy schedule to listen to some dumb blonde and Elmer Fudd complaining about a joke. Beth quit work the next day. Elmer is very unhappy and constantly worried about what Jack is to going to do next. What are the issues? (your logo here)

44  Tim starts working at ACTA in the XYZ team. Tim is a tall and very attractive man and in a committed relationship with his fiancé, Hannah. Tim despite being very good looking, struggles with the work and cannot seem to catch on to what he is supposed to do. The other members of the team (all women) begin to get frustrated because he just doesn’t seem to understand and proceed to discuss the situation with the manager, Julie. Julie defends Tim, saying that he will catch on, he just needs more time and besides “he is not too hard on the eyes”. She then starts working closely with Tim to train him personally on how to do the job. Tim begins to feel uncomfortable with the “extra attention” that he is receiving from Julie, but doesn’t know what to do. One afternoon, he is in Julie’s office working on a file and Julie tells him not to worry about the file, she would take care of it, it was okay just to sit there where she could get a good look at his abs. As Tim was leaving her office, Julie rubbed up against Tim and suggested they should get together for a drink after work. Tim has not shown up to work again. What are the issues? (your logo here)

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