Worker Focused Safety Program Violence in the Workplace Worker Training Module 4

Worker Focused Safety Program Module 4 Health & Safety Complaint

What this module will cover O Definitions O Reporting unsafe conditions and/or Declaring Unsafe Work O Process O Administrative response O JOH&S involvement O DOH&S involvement O Occupational Health & Safety involvement O WorkSafeBC involvement

Verbal abuse vs. threats O Abuse may be intended to hurt the feelings or humiliate someone, while threats may create fear and cause concern for their safety O The use of profanity doesn’t necessarily constitute a threat, however combined with other actions and behaviours it may escalate to threatening behaviour.

Recognizing Violence O Three main types of violence O Verbal abuse/threats O Threatening behaviour O Physical assault Any of these behaviours alone or together constitute an incident

Reasonable Cause & Undue Hazard The onus is on the worker to establish that: O Both are present O Both are communicated, and that O The belief is honestly held, and that O The belief is reasonable in the circumstances, and that O The danger is sufficiently serious to justify the particular action

Reporting a General Complaint O Whenever a worker observes what they believe is an unsafe or harmful condition or act they must report it as soon as possible to their Administrator O It is critical to understand that resolution to any problem is easier when the problem is clearly defined and there are reasonable expectations around resolution

Process – Step 1 O A worker concern is reported to their Administrator O Worker and Administrator discuss the issue and come up with a resolution acceptable to both parties O Situation is considered resolved and Administrator records and files OH&S Regulation Section 4.28

Process – Step 2 O Resolution is not found at step 1 O Issue will be referred to the JOH&S committee O Worker provides as much detail as possible O Written description of issue O Resolution desired O The basic How, What, Where, When and Who O Consultation will take place at JOH&S and recommendation for next steps will be tabled

Process – Step 3 O Resolution is not found at step 2 O Issue will be referred to DOH&S committee O JOH&S provides enhanced detail O Detailed written description of issue O Resolution desired O In-depth How, What, Where, When and Who O Consultation will take place at DOH&S and issue will be either returned to JOH&S for resolution or recommendation for next steps will be tabled

Process – Step 4 O Resolution is not found at step 3 O Issue will be referred to the Manager, Occupational Health & Safety in the form of a 21 day letter O Manager, Occupational Health & Safety will consult with Senior Administration and provide a response to the DOH&S committee within 21 working days of receipt of the letter from DOH&S O WorkSafeBC requirement

Process – Step 5 O Resolution is not found at step 4 O WorkSafeBC will be contacted by the co-chairs of the JOH&S committee O Manager, Occupational Health & Safety will turn over all materials in their possession to WorkSafeBC officer O WorkSafeBC will review and write an Inspection Report detailing action to be taken O WorkSafeBC requirement

Refusal of Unsafe Work Complaint O Section 3.12 O When a worker has reasonable cause to believe that to carry out a work process would create and undue hazard to the health and safety of a person O Where a worker holds this belief they must immediately report it to their Administrator

Undue hazard O The applicable policy of the WCB’s Prevention Division describes an “undue hazard” in the following manner: O An undue hazard is a condition or circumstance where an officer of the Board would issue a “stop work” order or a Closure Order. A “stop work” order is … an order requiring a corrective measure before a work activity proceeds or resumes.

3.12 Process – Step 1 O A worker concern is reported to their Administrator O Worker and Administrator discuss the issue and come up with a resolution acceptable to both parties O Situation is considered resolved and Administrator records and files

Process – Step 2 O Resolution is not found at step 1 O Worker provides as much detail as possible in writing, including at a minimum O Description of issue O Resolution desired O The basic How, What, Where, When and Who O Issue MUST be immediately investigated by Administrator and a JOH&S committee member

3.12 Process – Step 3 O Resolution is not found at step 2 O Administration or/and JOH&S will contact the Manager, Occupational Health & Safety O WorkSafeBC will be notified and the Manager, OH&S will continue to attempt to resolve the issue until a WSBC officer investigates and provides direction O WorkSafeBC requirement

After WSBC O The WorkSafeBC officer investigating the 3.12 complaint will, by law, write an Inspection Report (IR) O The IR may contain Orders directing action to be taken to ameliorate any deficiencies and directing a timeframe for response by the employer O Contact Manager, Occupational Health & Safety

Discriminatory Action O Any worker who honestly believes they are filing a 3.12 in accordance with the framework of the Regulation is protected from discriminator action by the employer O Section 3.12(1)

Discriminatory Action O As long as there is no loss of pay to the worker temporary assignment or re- assignment not deemed to constitute discriminatory action by WorkSafeBC O Section 3.13(2)

Questions…