3 Pumpkin Point Road
Echo Bay, Ontario, Canada
Phone: (705) 248-2395
Fax: (705) 248-1138
This information is presented as a reference only.
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THE CORPORATION OF THE TOWNSHIP OF LAIRD
By-law Number 900-10
(Regarding Violence and Harassment in the Workplace)
Being a by-law to approve a policy for the prevention of
Violence and Harassment
in the Workplace
WHERE AS the Township of Laird complies with Bill 168, the Occupational Health and Safety Act (Violence and Harassment in the Workplace), 2009 (In force June 15, 2010) including preparing and posting this policy on workplace violence and harassment.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF LAIRD ENACTS AS FOLLOWS:
1. That the aforementioned Policy is attached hereto as "Schedule A" and forms part of By-law Number 900-10.
2. This By-law shall come into force and take effect immediately upon the final passing of same.
Read & passed in open Council
this 2nd day of June, 2010.
Mayor: Richard Beitz
Clerk: Phyllis L. MacKay
Schedule A to By-law Number 900-10
SECTION: Health and Safety
POLICY: Violence and Harassment Prevention in the Workplace
DATE APPROVED: June 2, 2010
DATE LAST REVISED: June 2010
DATE LAST REVIEWED: June 2, 2010
The Council of the Township of Laird believes in and provides a safe and healthy, violence-free and harassment-free workplace.
The Township of Laird complies with Bill 168, the Occupational Health and Safety Act (Violence and Harassment in the Workplace), 2009 (In force June 15, 2010) including preparing and posting this policy on workplace violence and harassment.
DEFINING WORKPLACE VIOLANECE
Bill 168 amends the Occupational Health and Safety Act (the "Act") to define "workplace violence" as:
a. The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
b. An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
c. A statement or behaviour that it 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.
DEFINING WORKPLACE HARASSMENT
The definition of "workplace harassment" is quite broad and includes conduct in the workplace that is known to be unwelcome by the worker. "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;
The Township of Laird:
a. Dedicates sufficient attention, resources, and time to identify and address factors that contribute to work place violence including but not limited to, bullying, teasing, abusive, and other aggressive behaviour, and to prevent and protect against it;
b. Communicates to its employees information in its possession about factors contributing to work place violence;
c. Assists employees who have been exposed to work place violence;
d. Identifies all factors that contribute to work place violence including:
i. Experience in dealing with those factors and with work place violence including violence in similar workplaces and domestic violence;
ii. The location and circumstances in which the work activities take place;
iii. The employee's reports of work place violence or the risk of work place violence;
iv. The Township of Laird's investigation of work place violence or the risk of work place violence; and
v. The measures that are already in place to prevent and protect against work place violence.
Assessment and Controls:
The Township of Laird assesses the risk by taking into account the following:
a. The nature and design of the work activities, conditions and surrounding environment;
b. The potential for domestic violence in the workplace;
c. The frequency of situations that present a risk of work place violence;
d. The severity of the adverse consequences to the employee exposed to a risk of work place violence;
e. The observations and recommendations of management, the health and safety committee/representative, and of the employees; and
f. The measures that are already in place to prevent and protect against work place violence.
Following the assessment of the risk, the Township of Laird develops and implements systemic controls to eliminate or minimize risk:
The Township of Laird takes reasonable precautions to protect workers who are at risk of physical injury from domestic violence in the workplace.
Managers and supervisors will alert certain workers of the risk of workplace violence from persons with a history of violent behaviour.
The Township of Laird provides workers who may encounter such persons at work with as much information as needed, including personal information, to protect the workers from physical injury.
The Township of Laird acknowledges an employee's right to refuse work if they believe they are at risk of physical injury due to possible work place violence;
The workplace health and safety committee/representative and others will be notified if a worker is disabled or needs medical attention due to workplace violence.
At least every three years the Township of Laird reviews all measures, policies and procedures put in place to prevent, minimize, and/or control work place violence to ensure effectiveness or to adjust to any changes that would compromise the effectiveness of those measures, policies, and procedures.
Notification and Investigation:
k. If the Township of Laird becomes aware of work place violence or alleged work place violence, attempts to resolve the matter with the employee will be taken as soon as possible.
l. If the matter is unresolved, the Township of Laird appoints a competent person to investigate the work place violence and provide that person with any relevant information that can be disclosed without prohibition by law and that would not reveal the identity of the persons involved without their consent.
m. Upon completion of the investigation the Township of Laird:
i. Keeps a record of the report;
ii. Provides the health and safety committee or representative with a copy of the report providing any relevant information that can be disclosed without prohibition by law and that would not reveal the identity of the persons involved without their consent; and
iii. Adapts or implements controls to prevent a recurrence of the work place violence.
The Township provides information, instruction, and training on the factors that contribute to work place violence that are appropriate to the work place of each employee exposed to work place violence or a risk of work place violence.
The information, instruction, and training, includes the following:
a. The nature and extent of work place violence and how employees may be exposed to it;
b. The communication system established by the Township of Laird to inform employees about work place violence;
c. Information on what constitutes work place violence and on the means of identifying the factors that contribute to work place violence;
d. The work place violence prevention measures that have been developed; and
e. The Township's procedures for reporting on work place violence or the risk of work place violence.
June 2010 (effective June 2010)
Next Review: June 2013
Copyright 2010 by the Township of Laird. All Rights Reserved.