Tom McKenna CUPE National Health and Safety Representative Presentation to WorkSafeBC Violence, Bullying and Harassment Pre-Consultation A Growing Crisis in BC September 13, 2019 Tom McKenna CUPE National Health and Safety Representative

Part 1: The Reality: Sample Statistics in Education Sector Key Slide Part 1: The Reality: Sample Statistics in Education Sector Part 2: Where are we at now? Changes to Regulations, Policy, Guidelines and Practice Directives Needed Part 3: Legislation and Regulation in BC - Key Areas to Address

The Reality: Sample Statistics in 1. The Reality: Sample Statistics in the Education Sector

Where we were - 2017 Statistics over a 5 year rolling period - Education Sector - WorkSafeBC Top 10 Accident Types https://online.worksafebc.com/anonymous/wcb.ISR.web/IndustryStatsPortal.aspx?c=5

Where we are - 2018 Statistics over a rolling 5 year period – Education Sector - WorkSafeBC Violence 10.8% https://online.worksafebc.com/anonymous/wcb.ISR.web/IndustryStatsPortal.aspx?c=5

Where we are – Non-Updated Types of Violence – Annual Report Statistics 2015 - 2006 to 2015 - Education Sector - WorkSafeBC https://www.bing.com/search?q=worksafebc%2C+statistics%2C+education%2C+top+five+incidents&qs=n&form=QBRE&sp=-1&pq=worksafebc%2C+statistics%2C+education%2C+top+five+incident&sc=0-52&sk=&cvid=F68DBDBBB5E44272B586966F5FD416DD

Where we are – Non-Updated Sources of Violence – Annual Report Statistics 2015 - 2006 to 2015 - Education Sector - WorkSafeBC https://www.bing.com/search?q=worksafebc%2C+statistics%2C+education%2C+top+five+incidents&qs=n&form=QBRE&sp=-1&pq=worksafebc%2C+statistics%2C+education%2C+top+five+incident&sc=0-52&sk=&cvid=F68DBDBBB5E44272B586966F5FD416DD

Where we are - 2018 Statistics over a rolling 5 year period – Education Sector - WorkSafeBC https://online.worksafebc.com/anonymous/wcb.ISR.web/IndustryStatsPortal.aspx?c=2

Violence and harassment are higher among women – especially indigenous women and the LGBTQ2 community

Violence is increasing in education across Canada – Ontario is a leading indicator of the extent of the issue – with similar statistics in BC

University of Ottawa Study Ontario Elementary Schools 2017 - 2018 54% of 1,600 respondents reporting physical violence 72% of 1,600 respondents reporting verbal violence such as racial insults 80% of respondents reported some type of verbal or physical violence in their careers The problem is worsening with tightening education budgets, increased class sizes and need for more supports Source. StarMetro Vancouver. September 12, 2019. New study shows spike in violent incidents in Ontario’s elementary schools. Also see the Canadian Red Cross. https://www.redcross.ca/how-we-help/violence-bullying-and-abuse-prevention/educators/bullying-and-harassment-prevention/facts-on-bullying-and-harassment

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Scope of Problem http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Impact on Teaching http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Underlying Issues http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Impact on Health http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Issues Not Being Addressed http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf

Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Issues Not Being Addressed. Why? http://www.etfo.ca/AboutETFO/MediaRoom/MediaReleases/Shared%20Documents/ViolenceSurvey.pdf Also see Statistics Canada. https://www150.statcan.gc.ca/n1/pub/75-006-x/2018001/article/54982-eng.htm

2. Where are we at? Coordinated changes to Regulations, Policy, Guidelines and Practice Directives Needed

Need a complete rewrite of the Prevention/OHS Regulations as per the BC Federation of Labour submission Need to also rewrite the Guidelines and Practice Directives Need common definitions and processes between Prevention and Compensation Need support for related sector associations Need adherence to CSA Standards and Guidelines e.g. Z1003-13

There is a K-12 Sector Group - Violence is always a top issue There is an effort to create a provincial reporting structure for injuries There is an effort to create a violence prevention, education and reporting structure based upon, but different from the Healthcare sector Need a “Provincial Workplace Violence Strategy”

A key document for all workers is the CSA Standard. There are 2 parts: CAN/CSA-Z1003-13/BNQ 9700-803/2013 https://www.mentalhealthcommission.ca/English/what-we-do/workplace/national-standard

Part 1

Part 2

The WCB must do much more to address domestic violence at work

Legislation and Regulation in BC Examples of Key Areas & Problems 3. Legislation and Regulation in BC Examples of Key Areas & Problems To Address

The starting point is the BC Federation of Labour Submission

There are numerous issues and problems including contradictory language in the OHS Regulations

Section 4.27 of the OHS Regulations DO NOT apply to worker to worker violence

Section 4.25 of the OHS Regulations DO apply to worker to worker violence

Section 4.27 of the OHS Regulations DOES NOT include verbal abuse or harassing behaviour

WCB Advocacy Training 11/10/2019 Key OHS Regulations, Guidelines and Policy - Violence, Bullying and Harassment to look at: Section 4 – General Conditions of the OHS Regulations Section 4.24 to 4.31 of the OHS Regulations Act - interpretation Policies D3-115(1)(2) of the Prevention Manual Act - interpretation Policies D3-116(1) of the Prevention Manual Act - interpretation Policies D3-117(2) of the Prevention Manual

When Prevention Fails - Filing Mental Disorder Claims: WCB Advocacy Training 11/10/2019 When Prevention Fails - Filing Mental Disorder Claims: Section 5.1 of the Workers Compensation Act C3-13.00 of RSCM II Policy C3-3 of the Practice Directives

Bullying and harassment claims are frequently denied

Education sector claims are increasing It takes nearly 5 weeks for the WCB to make a mental disorder claim decision Health care and social services have the highest number of claims followed by transportation Education sector claims are increasing 27% of workers want a suspension of the claim due to privacy issues e.g. Employer access to WC files and information

For 2016 and 2017, the disallow rate was 58% and 53% respectively Advocates dispute those percentages – the anecdotal claim and appeal denial rates appear to be MUCH higher e.g. 2/3rds of claims and 90% of appeals to the Review Division  A significant number of claims are suspended by workers due to fear, stigma, privacy concerns, etc

In Ontario, the denial rate for chronic mental stress claims is over 90% - BC is not far behind in terms of mental disorder appeals  https://www.thestar.com/news/gta/2018/12/04/workers-compensation-board-denies-over-90-per-cent-of-chronic-mental-stress-claims-audit-shows.html

If only one worker was injured, died or committed suicide due to violence, bullying and/or harassment – that is one person too many. Now is the time to act

"Protecting, caring for and providing compensation to workers are important, noble and morally responsible endeavors"  Terry Bogyo former Director of Corporate Planning and Research for WorkSafeBC cope491 tm/jd Reps_T-McKenna_Powerpoint-Presentations_Presentation-to- WorkSafeBC-Pre-Consultation-Violence-Bullying-and-Harassment_09-12-2019