1. 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

2. 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

3. The Reality: Sample Statistics in1.
The Reality: Sample Statistics in
the Education Sector

4. Where we were - 2017 Statistics over a 5 year rolling period - Education Sector - WorkSafeBC
Top 10 Accident Types

5. Where we are - 2018 Statistics
over a rolling 5 year period – Education Sector - WorkSafeBC
Violence 10.8%

6. Where we are – Non-Updated Types of Violence – Annual Report Statistics to Education Sector - WorkSafeBC

7. Where we are – Non-Updated Sources of Violence – Annual Report Statistics to Education Sector - WorkSafeBC

8. Where we are - 2018 Statistics
over a rolling 5 year period – Education Sector - WorkSafeBC

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

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

12. University of Ottawa Study Ontario Elementary Schools
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, New study shows spike in violent incidents in Ontario’s elementary schools. Also see the Canadian Red Cross.

13. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Scope of Problem

14. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Impact on Teaching

15. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Underlying Issues

16. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Impact on Health

18. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Issues Not Being Addressed

19. Elementary School Teachers of Toronto – ETFO All Member Workplace Survey Results 2018 – Issues Not Being Addressed. Why?
Also see Statistics Canada.

22. 2.
Where are we at?
Coordinated changes to Regulations, Policy, Guidelines and Practice Directives Needed

23. 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. Z

24. 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”

25. A key document for all workers is the CSA Standard. There are 2 parts:
CAN/CSA-Z /BNQ /2013

26. Part 1

27. Part 2

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

29. Legislation and Regulation in BC Examples of Key Areas & Problems3.
Legislation and Regulation in BC Examples of Key Areas & Problems
To Address

30. The starting point is the BC Federation of Labour Submission

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

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

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

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

35. 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

36. 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
C of RSCM II Policy
C3-3 of the Practice Directives

37. Bullying and harassment claims are frequently denied

38. 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

39. 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

40. In Ontario, the denial rate for chronic mental stress claims is over 90% - BC is not far behind in terms of mental disorder appeals 

42. 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

43. "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
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