1. “ Profiting Through Prevention ”

2. What are we talking about… Continuing disagreement regarding the definition and parameters of violence. Continuing disagreement regarding the definition and parameters of violence. Two parameters: Two parameters: –physical versus Non physical –The source (who is the perpetrator)

3. Violence Definitions Vary BC – “…attempted or actual exercise by a person, other than a worker, of any physical force…” BC – “…attempted or actual exercise by a person, other than a worker, of any physical force…” Sask. – “…attempted, threatened or actual conduct of a person that causes or is likely to cause injury…” Sask. – “…attempted, threatened or actual conduct of a person that causes or is likely to cause injury…” NS – “…attempted, threatened or actual conduct that endangers the health & safety of the employee…” NS – “…attempted, threatened or actual conduct that endangers the health & safety of the employee…” ON – “…threatened, attempted or actual exercise of any physical force…” “ …vexatious comment or conduct that constitutes a threat…” ON – “…threatened, attempted or actual exercise of any physical force…” “ …vexatious comment or conduct that constitutes a threat…”

4. Psychological Harassment “…means an vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and results in a harmful work environment…” Quebec Labour Standards - June 1, 2004

5. Growing Pressure to expand the Definition of Violence… We recommend that workplace violence be defined, not only as physical violence but also as psychological violence such as: bullying, mobbing, teasing, ridicule or any other act or words that could psychologically hurt or isolate a person in the workplace. We recommend that workplace violence be defined, not only as physical violence but also as psychological violence such as: bullying, mobbing, teasing, ridicule or any other act or words that could psychologically hurt or isolate a person in the workplace. (OC Transpo Inquest – Recommendation #7)

6. Growing Pressure to expand the Definition of Violence… A Review of the Occupational Health and Safety Act to examine the feasibility of including domestic violence, abuse and harassment as matters subject to Ministry of Labour Investigation and Action Lori Dupont Coroner’s Inquest – December 11, 2007

7. Canada Labour Code II “Any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee” “Any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee” Proposed Regulations December 15, 2007

8. The Evolution of “Bullying” Historically the focus of attention was on “physical workplace violence” Historically the focus of attention was on “physical workplace violence” Growing evidence to suggest that interpersonal mistreatment has been a contributor Growing evidence to suggest that interpersonal mistreatment has been a contributor This mistreatment has been described as “verbal”, “indirect” and “passive” This mistreatment has been described as “verbal”, “indirect” and “passive”

9. A General Definition of “Bullying” Workplace bullying is the persistent mistreatment of one or more employees, sometimes by an employee in a position of influence or authority, who, intentionally or unwittingly, subjects others to behaviour that humiliates, demoralizes or otherwise undermines the victim’s credibility, effectiveness and personal wellbeing.

10. Our Working Definition “Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. These behaviors would originate from customers, co-workers at any level of the organization. This definition would include all forms of harassment, bullying, intimidation, physical threats/assaults, robbery and other intrusive behaviors” (IOL, 1999)

11. The Canadian Experience Women have 19% higher rate of physical or psychological assaults than the US Women have 19% higher rate of physical or psychological assaults than the US Stats Can. 12,000 women 51% attacked Stats Can. 12,000 women 51% attacked CUPE 1994 70% reported verbal aggression, 40% struck, 30% grabbed CUPE 1994 70% reported verbal aggression, 40% struck, 30% grabbed CIWV 1999, 66% increase CIWV 1999, 66% increase Sexual Harassment fastest growing compliant since 1991 (Ont. Human Rights Commission) Sexual Harassment fastest growing compliant since 1991 (Ont. Human Rights Commission)

12. Canada in a Global Context France, Argentina, Romania, Canada, & England reported highest rates of assaults & sexual harassment on the job. (ILO, 1999) France, Argentina, Romania, Canada, & England reported highest rates of assaults & sexual harassment on the job. (ILO, 1999)

13. Violence: An Interaction An interaction between three factors: An interaction between three factors: –Stimulus that leads subject to think this is the only way out –A viable solution to the problem at hand –An organization that facilitates/permits violence, or at least does not stop it from occurring.

14. The Concept of “Control” High Locus Control Low Locus of Control Transitory Anxiety Chronic Lack of Control Perceived Injustice

15. The Case of “Bullying” that Changed Canada’s Legal Landscape

16. The Letter “ …I’m going to commit an unforgivable act…I have no choice. I’m tired, exhausted and completely backed against the wall…They will never leave me alone. I can’t go on living like this! They have destroyed my life, I will destroy their life…OC Transpo and the unions can’t hide from what they do to me…They will pay dearly for what they’ve done to me. The people who I hold responsible are: (four names listed) along with many others …all I wanted was for them to leave me alone, not to bug me but it was too much to ask. They have spread lies, especially that I was a rat who denounced my own union members to try and have them stop laughing at me.” “ …I’m going to commit an unforgivable act…I have no choice. I’m tired, exhausted and completely backed against the wall…They will never leave me alone. I can’t go on living like this! They have destroyed my life, I will destroy their life…OC Transpo and the unions can’t hide from what they do to me…They will pay dearly for what they’ve done to me. The people who I hold responsible are: (four names listed) along with many others …all I wanted was for them to leave me alone, not to bug me but it was too much to ask. They have spread lies, especially that I was a rat who denounced my own union members to try and have them stop laughing at me.”

17. Common Law Liability Liability of the employer for the acts of its employees Liability of the employer for its own acts Statutory Liability Occupier’s Liability Act Occupational Health & Safety Act Human Rights code Criminal Code Legislative/Legal Responsibilities

18. Negligence of Employer Rests on the employers awareness of events in its workplace and has responded reasonably based on that knowledge. In essence a duty of care. Negligent hiring Negligent retention Negligent Supervision

19. Statutory Liability Occupier’s Liability Act Occupier’s Liability Act – People who are in control over land must ensure that their premises are safe for persons who may be reasonably expected to enter. – There are a number of security steps that can mitigate the risk - lighting, intercom, alarm systems, electronic access, ID tags, single reception, etc.

20. Every Canadian jurisdiction also has Human Rights legislation that protects each of us against discrimination and harassment. Some companies have specific policies regarding harassment and fair work practices. The Human Rights policy may be integrated into your workplace violence prevention policy or it may stand alone. Human Rights Legislation

21. The Criminal Code Some acts of violence fall under the Criminal Code just because they happened in a workplace does not change this fact. The Criminal Code covers acts of violence such as: Criminal harassment Criminal harassment Uttering threats Uttering threats Hostage taking Hostage taking Sexual assault Sexual assault Assault Assault Murder Murder

22. OH&S Legislation Every Canadian jurisdiction (provincial/territorial/federal) has its own Occupational Health and Safety legislation. This legislation is intended to protect all employees against hazards on the job, including workplace violence.

23. Workplace Violence Legislation Federal Government

24. Ontario (Bill 29) Bill 29 introduced December 13, 2007 Bill 29 introduced December 13, 2007 Passed first reading Passed first reading To protect workers from harassment and violence in the workplace To protect workers from harassment and violence in the workplace “Interfering with the performance or safety of any worker” “Interfering with the performance or safety of any worker”

25. Proposed COHS Regulations Employer must assess and identify factors that contribute to workplace violence. Past experience Past experience Similar workplaces Similar workplaces Reports of violent incidents Reports of violent incidents Measures currently in place Measures currently in place

26. Proposed COHS Regulations Develop, establish & post a Policy regarding workplace violence. Develop, establish & post a Policy regarding workplace violence. Commitment to a safe workplace Commitment to a safe workplace Dedicate resources to address violence including bullying and teasing. Dedicate resources to address violence including bullying and teasing. Communicate factors that might contribute to workplace violence Communicate factors that might contribute to workplace violence Assist victimized employees Assist victimized employees

27. Proposed COHS Regulations Once a policy in place, the employer must establish systematic controls 90 days after the risk assessment 90 days after the risk assessment Prevention measures may include workplace design and processes Prevention measures may include workplace design and processes Reporting/Investigation Reporting/Investigation Training Training Reviewed every 3 years Reviewed every 3 years

28. Policy Hazard Assessment Reporting & Investigation Emergency Response Planning Victim Assistance Incident Follow-Up Training & Education Continuous Program Review Prevention Measures Your Road Map to Prevention

29. Training & Education Their rights and responsibilities under both the law and the company policy Their rights and responsibilities under both the law and the company policy The scope of workplace violence and risk factors The scope of workplace violence and risk factors Your organization’s prevention policy Your organization’s prevention policy Your organization’s procedures to minimize the risk of violence Your organization’s procedures to minimize the risk of violence How they are to respond to an incident, including the correct procedures for reporting, investigating and documenting incidents How they are to respond to an incident, including the correct procedures for reporting, investigating and documenting incidents That follow-up and support services that are available That follow-up and support services that are available All employees should understand…

30. Where to From Here… Violence in the Workplace: Prevention Guide – Canadian Centre for Occupational Health & Safety – 1-800-668-4284 Violence in the Workplace: Prevention Guide – Canadian Centre for Occupational Health & Safety – 1-800-668-4284 Violence in the Workplace, Eric Roher, Carswell Publishing – 1-800-387-5164 Violence in the Workplace, Eric Roher, Carswell Publishing – 1-800-387-5164 Human Resources Guide to Workplace Violence, Norman Keith, Canada Law Book Human Resources Guide to Workplace Violence, Norman Keith, Canada Law Book Civil Liability for Sexual Abuse & Violence in Canada, Elizabeth Grace, Butterworths Civil Liability for Sexual Abuse & Violence in Canada, Elizabeth Grace, Butterworths Any of these overheads – gfrench@rogers.com Any of these overheads – gfrench@rogers.com