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Worker Focused Safety Program Violence in the Workplace Worker Training Module 8
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Worker Focused Safety Program Module 8 Bullying / Harassment
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What this module will cover O Definition O Types O Legal O What is NOT Bullying/Harassment O Addressing Risk O Conclusion
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Definition O The proposed WSBC definition of bullying and harassment is as follows: O (a) includes any inappropriate vexatious conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated, offended or intimidated, but O (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.
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Types of Bullying O Some common examples include: O Verbal / Physical (may be threats of harm) O Discrimination (e.g. racial, cultural, gender) O Inappropriate sexual advances/comments O Denigration O Whistleblower attacks O Micro-management / Career Sabotage
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Some Interesting Statistics O 58% of bullies are female O 84% of bullied employees are female O 13% of bullies are punished or terminated O 46% are targeted because they are ethical O 49% are targeted because they are nice O 39% are targeted because it was just their turn
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Legal Obligations O Bill 14 – Anti-Bulling Legislation for the Workplace. O Bulling and Harassment are not yet defined WorkSafeBC in the legislation or compensation policy. O Scope of claims will evolve through adjudication and challenges to decisions and will help develop policy direction.
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Legal Obligations O OH&S Policy will fall under: O S 115(a) – general duties of employers O S 116 (1) (a) Requiring workers to take reasonable care to protect the health and safety of themselves and others; and O S 117 (1) (a) supervisors must ensure the health and safety of workers under their direct supervision.
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What is NOT Harassment O Bill 14 is very clear on what is not harassment or bullying under the act – it is NOT: O Interpersonal conflict or interpersonal relations; O Unless threatening or abusive O Legitimate exercise of managements rights O any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment
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Address the Risk O When you learn of Bulling or Harassing behaviour – give the complainant the Bullying / Harassment Incident log to insure capture of critical data needed to start an investigation O Second is to contact HR / OH&S
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Eliminate or Minimize Risk O If there is an imminent threat of violence the Administrator will: O Contact the police immediately. O Take steps to eliminate or minimize the risk to workers — for example, secure the premises. O When non-imminent threats exist, employers must establish procedures, and practices to address the risk
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Instructing Workers O There is no duty to inform all workers O A balance must be struck between the obligation to inform and worker confidentiality
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Response O If a worker is subjected to bullying or harassing behaviour the administrator must advise her/him of their right to consult with a physician of their choosing
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Summary O SD61 takes all forms of bullying and harassment seriously, including criminal harassment (stalking) O Acts of bullying, harassing and ignoring plans developed to stop the activity may in fact be crimes and may be reported to the police
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Questions…
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