1. National Health and Safety Conference October 2018
Procedures in Response to Violence in the Workplace and the Role of Local Occupational Health and Safety Committees/Representatives
National Health and Safety Conference
October 2018

2. Background
Part XX of the Canada Occupational Health and Safety Regulations (Canada Labour Code), titled Violence Prevention in the Work Place (Reg. XX), provides that the CRA must develop Procedures in Response to Workplace Violence (s. 20.8 (1)).
These Procedures were posted on Infozone on March 6, 2018.

3. Update
Developing a suite of documents relating to the Procedures, including a complaint form
Creating a list of competent persons
Impact of Bill C-65?

4. What is the purpose of the Procedures?
To identify the changes or “preventative action” required at the organizational level to decrease the likelihood of violence occurring in the workplace;
Examples: changes to policies, rules, work practices, training and communications protocols;

5. What is the purpose of the Procedures?
Not intended to be adversarial;
Not meant to find fault, correct individual behaviour, or replace recourse options available to employees.

6. The Procedures: A four-step process
Step 1 – Assess immediate risk to employee health and safety
Step 2 – Employer’s attempt to resolve issue
Step 3 – Competent person investigation*
Step 4 – Restoring the workplace
*Note that step 3 may not be required if the employer’s attempt to resolve the issue at step 2 is successful.

7. Step 1 – Assess immediate risk to employee health and safety
Employees must report incidents of workplace violence or factors that may contribute to it.
When management is notified of a potential or actual incident of workplace violence that poses an immediate threat or risk of harm to employees, management contacts local police.
If no immediate threat or risk of harm, move to Step 2 - Employer’s attempt to resolve issue.

8. Step 1 – YOUR RESPONSIBILITIES
Collaborate with management
Notify first aiders
Assist affected party/parties
Investigate

9. Step 2 – Employer’s attempt to resolve issue
a. Clarifying the details of the incident
Management must:
clarify the details of the alleged workplace violence and document them;
ask for suggestions from the employee on how the incident may be resolved;
Assess need to separate parties;
Attempt to resolve the situation informally, not determine if the CLC, Part II, was violated.

10. Step 2 – Employer’s attempt to resolve issue
b. Reporting and documenting:
Management completes an offline Hazardous Occurrence Investigation Report (T4009) and, if required, the applicable Employer's Report of Injury or Disease form.

11. Step 2 – Employer’s attempt to resolve issue
c. Meeting with employee:
Management must:
inform the employee of any action management has taken, or intends to take;
discuss the employee’s suggestions for resolving the issue and confirm if the issue has been, or will be, resolved.

12. Step 2 – Employer’s attempt to resolve issue
If the WPV issue is, or will be, resolved:
management shares the actual preventative measures taken and the proposed implementation plan for additional measures with the HSC/HSR; and
moves to Step 4 – Restoring the workplace.
If the employee believes that the issue is not resolved, management moves to Step 3 – Competent person investigation.

13. Step 2 – YOUR RESPONSIBILITIES
Once the HSC receives the T4009, confirm receipt at next meeting for purpose of minutes
If parties resolve the matter informally, obtain copy of preventative measures already taken + copy of implementation plan for additional measures

14. Step 2 – YOUR RESPONSIBILITIES
Propose additional measures
Ensure the 90-day timeframe for implementation is adhered to
Demand updates from management

15. Step 3 - Competent person investigation
A competent person is appointed to formally investigate the incident and drafts a report: facts, analysis, conclusion and recommendations (preventative measures), if needed;
After receiving the report, management must:
implement the preventative measures immediately required and/or any additional measures identified by management, no later than 90 days after they have been identified;
share a copy of the report with the parties and the HSC/HSR.
(… switch to English)
Management must:
refer to the competent person list to identify potential candidates;
provide the name of the proposed competent person to the parties;
consult with the parties involved regarding the impartiality of the proposed competent person; and
appoint a competent person to investigate the incident.
Cannot act as competent persons: witnesses and parties to the event, union representatives, CRA OHS Officers who have been implicated (advice giving)
20.9 (1) In this section, competent person means a person who
(a) is impartial and is seen by the parties to be impartial;
(b) has knowledge, training and experience in issues relating to work place violence; and
(c) has knowledge of relevant legislation.
ER has 90 days to implement the corrective measures after receiving a copy of the competent person’s report
Controls
20.6 (1) Once an assessment of the potential for work place violence has been carried out under section 20.5, the employer shall develop and implement systematic controls to eliminate or minimize work place violence or a risk of work place violence to the extent reasonably practicable.
(2) The controls shall be developed and implemented as soon as practicable, but not later than 90 days after the day on which the risk of work place violence has been assessed.
(3) Once controls referred to in subsection (1) are implemented, the employer shall establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of work place violence.
(4) Any controls established to eliminate or minimize work place violence shall not create or increase the risk of work place violence.
**As union representatives, you can attend and participate at all meetings.

16. Step 3 – YOUR RESPONSIBILITIES
When the competent person’s report is received, review it and detail discussions in your minutes:
All parties/witnesses interviewed?
Clear analysis?
Conclusion supported by the facts and the analysis?
- If the report did not follow basis investigation methods and rules of procedural fairness (right to be heard) we could make a complaint to ESDC and potentially make a case of judicial review (Fed. Court)

17. Step 3 – YOUR RESPONSIBILITIES
Review recommendations made in the report, if any, and assess their applicability
Propose additional preventative measures
Ensure the 90-day timeframe for implementation is adhered to
Demand updates from management
- If the report is overly redacted (more than names and titles), ask employer for any other information that is missing that would help you determine how the competent person conducted his or her investigation and reached a conclusion
Recommendation can be made even if WPV is not found by the CP
Question potentially bad recommendations: Why is it that the member who complained of WPV is the one who is leaving the office on telework? Why not the TL/manager who was alleged to have committed WPV? = revictimization
*If an HSC cannot come to a consensus on whether a report is flawed, we can make a complaint to ESDC without the entire HSC agreeing

18. Step 4 - Restoring the workplace
Following a situation of alleged or actual workplace violence, management will:
establish or re-establish positive workplace relationships; and
recommend EAP and Informal Conflict Resolution in order to rebuild a healthy work environment.

19. Step 4 – YOUR RESPONSIBILITIES
Do not remove the agenda item until all preventative measures are implemented
Currently there is no obligation for management to implement the CP’s recommendations, but if the manager has not implemented all of the CP’s recommendations, ask why? He must maintain the safety of the workplace (free from threat of harm/injury)

20. QUESTIONS?