Guidelines for Implementing the Workplace Violence Policy Recent amendments to the Ontario Occupational Health & Safety Act effective June 15, 2010 impose new obligations on employers, including having a workplace violence policy and program and providing information and instruction to all staff about them. The City s Workplace Violence Policy, which was adopted in 2002, recently underwent minor revisions to incorporate new legislative provisions. These guidelines are intended to assist divisions to meet Occupational Health and Safety Act and Workplace Violence Policy obligations. The Workplace Violence Policy and Guidelines for Implementing the Workplace Violence Policy define workplace violence, set out the roles and responsibilities of employees and management in preventing workplace violence, as well as for reporting, investigating and following up on incidents of workplace violence. The procedures that are developed by a division based on these guidelines will form part of the division s overall health and safety program. It is recommended that these procedures be developed and implemented in cooperation and consultation with the assigned Human Resources/divisional health and safety (H&S) consultants, joint health and safety committees (JHSCs) or health and safety representatives, and where appropriate Corporate Security. The potential for workplace violence and the nature of the workplace violence risk experienced within divisions is expected to vary based on the nature of the workplace and work performed. To ensure clarity, it is recommended that divisions describe their interpretation of the definition by using examples of inappropriate behaviours and acts among employees and among the clients and public with whom they come into contact. The nature and extent of the program and procedures will be based on the risk factors/hazards and potential hazards identified by the risk assessment and should include the following elements: 1. Workplace Violence Risk Assessment Conduct an evaluation to determine whether a risk of violence exists due to the nature of the workplace, the type of work or the conditions of work. A sample Workplace Violence Risk Assessment Form is provided as Appendix A. Divisions may add questions to this Form, if needed, to ensure all aspects of workplace violence within their workplaces and work operations are addressed. Management is encouraged to involve HR H&S consultants and JHSCs in developing, conducting and evaluating the risk assessment. The risk assessment includes a review of: past incidents past employee complaints past JHSC or OH&S representative reviews and recommendations employee concerns identified through interviews and/or surveys current work situations with potential for violence physical premises Guidelines for Implementing the Workplace Violence Policy May 2010 1
The steps include: Reviewing past incident, accident and other reports (e.g., Security, Ministry of Labour orders) regarding incidents of violence and identifying the potential for violence, the circumstances contributing to the cause of the incident(s) and any recommendations made. Reviewing past employee complaints or concerns regarding workplace violence and actions that were taken or that should be taken to address these concerns. Reviewing past JHSC or OH&S representative discussion and recommendations regarding workplace violence. Considering interviewing staff to ascertain their experiences of workplace violence, to determine whether workplace violence controls are in place, are adequate or are in need of enhancement. A sample Workplace Violence Employee Survey is provided as a tool that may be used for this purpose (Appendix B). Divisions may add questions to this survey, if needed, to ensure all aspects of workplace violence within their workplaces and work operations are addressed. Reviewing work situations that may place employees at risk of workplace violence and identifying risk factors. Reviewing physical premises (the workplace) to identify risk factors that may result in workplace violence. At the end of the Workplace Violence Risk Assessment, work locations/work operations will have identified workplace violence risk factors that will require controls. Controls may already be in place which are sufficient or need enhancement or controls may need to be introduced and implemented. 2. Completion of Workplace Violence Risk Factors and Controls Checklist A Workplace Violence Risk Factors and Controls Checklist (Appendix C) has been developed to assist divisions in identifying appropriate controls for identified risk factors. It should be noted that the list of identified controls by risk factor may not represent all measures available. Nor does any one risk factor necessitate implementation of all measures listed. The application of identified and other controls should be evaluated within the context of the work environment and risk factors identified. Divisions are required to identify and implement controls appropriate to their workplaces and work operations. While a Workplace Violence Risk Factors and Controls Checklist may be completed for clusters of similar positions or similar work locations, risk factors unique to individual work locations or operations must also be considered. Where workplace violence risk factors (including potential risk factors) are identified, evaluation and implementation of appropriate corrective actions are required to ensure reasonable and practical measures are taken to reduce or eliminate the hazard or risk. Wherever possible, consideration should be given to re-organization of the work to eliminate the risk factor. If removal of the risk is not feasible with work organization changes, an effort should be made to minimize the remaining risks through physical security improvements. It should be noted that divisional policies, safe work procedures, worker training, incident reporting and investigation, record keeping and regular program evaluation will be required regardless of the risk factors identified or controls that are introduced. Guidelines for Implementing the Workplace Violence Policy May 2010 2
3. Develop and implement appropriate violence prevention procedures Where the need is identified through the risk assessment, divisions must develop and implement the procedures to: Establish a communication/warning system to alert employees of potentially violent or disruptive clients in the context of the work environment, potentially dangerous work locations, or job duties based on the findings from the risk assessment Describe the organizational and security controls in place/ introduced to prevent incidents of violence Establish well defined limits of employee responsibility in carrying out their duties Provide direction to employees on safe response methods to potentially violent individuals Describe how incidents are to be responded to, reported, documented, investigated, and addressed Describe the interpretation of the definition of violence including unacceptable behaviours within the context of the work environment of the division s employees. Establish a process for how these will be communicated to all staff in contact with the clients. This should include how staff should respond in these situations and when they should report (e.g., when the nature of the behaviour becomes more aggressive). Define and document the appropriate remedial or disciplinary/legal action to be taken against a perpetrator of violence and a perpetrator of reprisal against an employee according to the nature of the incident Post the policy and divisional procedures at each work location where a violence hazard or the potential for violence has been identified. Ensure that the posted version of the policy is current (dated within a one-year period). 4. Develop and implement a process for responding to, investigating, and reporting incidents Where a potential risk factor/hazard is identified through the risk assessment, a procedure for responding to emergencies and other incidents of violence is required. All workplace violence incidents must be reported, investigated and acted upon, as appropriate. Three documents have been developed to assist with this process: A Workplace Violence Incident Reporting Flow Chart (Appendix D) A Workplace Violence and Threat Report (Appendix E) A Workplace Violence Incident Response Contact List (Appendix F) These documents should be utilized in responding to incidents of workplace violence. Divisions must establish an internal communication process to ensure workers are informed of the potential for violent behaviour among the clients they service. Additionally, consideration is to be given to notification of other divisions whose staff may be at risk if divisions encounter members of the public or clients with a history of violent behaviour. The process should also include the response to employee reports of workplace incidents associated with domestic violence (i.e., the abusive partner harasses, threatens, stalks, etc. a City employee). The consequences of ignoring the presence of domestic violence in the workplace can be very grave for the abused employee and co-workers. Failure to address domestic violence that presents a workplace risk is also a violation of the Occupational Health and Safety Act. A guideline has been developed for addressing domestic violence that would Guidelines for Implementing the Workplace Violence Policy May 2010 3
likely expose a worker to physical injury in the workplace. See Appendix G. Management Response and Investigation: In the event of an emergency, contact the Emergency Medical System (EMS 9-911 for internal phones, 911 for external phones) and local or Corporate Security. Other actions that may be taken in investigating and responding to a workplace violence incident are: Consult Human Resources/divisional health and safety consultants, local JHSC/h&s representative, and local or Corporate Security regarding the investigation and identification of causation and corrective measures Consult the Employee Assistance Program to discuss an appropriate plan of response for critical incidents and ensure that support services are offered to victims and witnesses of violence Debrief staff of the incident, actions taken, and further steps that can be taken to prevent a recurrence Consult the Human Rights Office regarding issues of harassment, Employee and Labour Relations regarding disciplinary action, the Toronto Police Services and/or the City s Legal Services regarding criminal charges Management Reporting Contact the Ministry of Labour to report a fatality or critical injury. Provide notice of a workplace violence incident that results in lost time or medical aid to the Ministry of Labour, if requested. All workplace violence incidents must be investigated and documented. Any incident that results in a worker seeking health care or losing time from work must be documented using a Supervisor s Report of Injury/Incident. With respect to workplace violence incidents that do not result in lost time or medical aid, some divisions document the incident using the Supervisor s Report of Injury/Incident. Other divisions use Workplace Violence and Threat Reports (see Appendix E) to report employee incidents that do not result in health care of lost time and/or incidents that occur in the workplace but do not directly involve employees (e.g. client-to-client violence). One of these two reporting mechanisms must be used in the documentation of workplace violence incidents. Completion of a Supervisor s Report of Injury/Incident for all workplace violence incidents involving employees continues to be recommended. All Supervisors Reports of Injury/Incident and/or Workplace Violence and Threat Reports related to incidents involving employees must be forwarded to HR Occupational Health and Safety. Additionally, information must be collected and documented in such a manner that reports to the JHSCs and the OHSCC on these incidents (including incident type, incident cause and preventive measures) can be produced upon request and at least semi-annually. City property damage, threats of physical violence or physical violence must be reported to the Toronto Police Services. 5. Provide information and training to staff as appropriate to the extent of the hazards identified Divisional management staff are to advise their employees of the results of the risk assessment Guidelines for Implementing the Workplace Violence Policy May 2010 4
and of the violence-related risks associated with their jobs. Employees at risk or potential risk and their supervisors must be trained in the identification of hazards and appropriate prevention and response procedures. These training records must be maintained. The frequency of refresher training should be determined in consultation with the assigned H&S consultant. It is also recommended that employees be informed that they can seek advice and assistance from their supervisor, JHSC/h&s representative, designated Human Resources/divisional health and safety consultant, Corporate Security, Employee Assistance Program, their union or staff association, and the Human Rights Office. Information provided by employees to the Human Rights Office and the Employee Assistance Program will remain confidential and will only be released with their informed, written consent. The exceptions to this are situations where individuals may pose a serious threat to themselves or others, or where required by law (e.g., the mandatory reporting of suspected child abuse). All employees are to have access to information and training. Appendix H provides information with respect to workplace violence information and training resources. Appendix I is a safety talk regarding workplace violence that can be used by supervisory staff during staff meetings or tailgate talks to ensure that all employees, regardless of the risk factors that are associated with their jobs, are aware of: the City s commitment to preventing workplace violence, its policy and program how to summon immediate assistance how to report incidents of workplace violence how the employer will investigate and deal with incidents, threats and complaints This safety talk must be supplemented with information with respect to measures and procedures that are in place to protect employees from workplace violence and expectations of employees regarding procedures that are part of the division s workplace violence program. 6. Program Review After the implementation of the policy, annual review of the policy is required to identify trends and focus H&S efforts for improvement. The Occupational Health and Safety Coordinating Committee will review the City s policy and guidelines annually. In doing so, the OHSCC may establish a working group/committee to evaluate the implementation and effectiveness of the policy and procedures. HR - Occupational Health and Safety will distribute each year an updated Workplace Violence Policy for posting in workplaces Management staff of divisions, with the assistance of their Human Resources/divisional health & safety consultants and joint health and safety committees/health and safety representatives, will annually review the effectiveness of their policies, programs and procedures and make improvements as required. A compliance checklist that can be used by divisions in evaluating their policies, programs and procedures is attached as Appendix J. Approval: Occupational Health and Safety Co-ordinating Committee (OHSCC), April 23, 2002 Review and re-approval: OHSCC, June 2010 10889 Guidelines for Implementing the Workplace Violence Policy May 2010 5