WORKPLACE VIOLENCE PREVENTION POLICY Issued: August, 2010 Revised: January 2011 Policy Statement Bentall Kennedy (Canada) LP is committed to providing a safe and secure work environment and will not tolerate violence or unacceptable behaviour in the workplace committed by or against our employees, tenants, clients, contractors and visitors. No degree or type of violence will be tolerated. The purpose of this policy is to establish a program and procedures to minimize and/or prevent violence and unacceptable behaviour in the workplace. All employees are responsible for doing their part to maintain a safe work environment. Employees are expected to take part in required training and be aware of and participate in such programs and procedures as required. In the event of a violent incident or unacceptable behaviour committed by an employee, Bentall Kennedy will implement appropriate corrective action, including discipline up to and including termination with cause. In addition, individuals who commit violent acts may be subject to action under the Criminal Code of Canada. Bentall Kennedy will review the Workplace Violence Prevention Policy annually, in conjunction with a review of hazard assessments, and the effectiveness of preventive measures taken to minimize or eliminate workplace violence. Definitions Workplace Violence includes any workplace incident in which: The exercise of physical force by a person against an employee, tenant, client, contractor or visitor, that causes or could cause physical injury to the person. An attempt to exercise physical force against an employee that could cause physical injury to the employee. A statement or behaviour that it is reasonable for an employee to interpret as a threat to exercise physical force against him/her that could cause physical injury to the employee. Definitions, continued Workplace means in or on the property of Bentall Kennedy, or away from Bentall Kennedy property if the employee is engaged in work-related activities (e.g. off site meetings, conferences, social functions) Page 1 of 8
Unacceptable Behaviour means physically or psychologically aggressive behaviours including, but not limited to: Hitting, kicking, punching, pushing, shoving, slapping, pinching, grabbing, biting Carrying or brandishing weapons of any sort Throwing objects at an individual with a view to cause physical injury or fear Destruction of workplace or co-workers property Threats of violence Intimidating behaviour that causes the recipient to have fear of physical violence Obscene or harassing telephone calls Close calls means incidents which did not result in actual physical harm but, except for circumstance, had the potential to result in physical harm. Behavioural Incident means an incident in which no one is physically harmed in any way and which was resolved through employee or supervisory mediation. Physical Incident means an incident in which someone was physically harmed (whether requiring medical attention or not), or which continued or escalated after supervisory mediation Domestic violence means a pattern of coercive tactics which can include physical, psychological, sexual, economic and emotional abuse committed by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim. Reprisals means any improper act of retaliation, either direct or indirect against an employee who reports incidents of workplace violence or harassment or act as a witness. How does workplace violence differ from harassment? Responsibilities An incident is considered workplace violence rather than harassment when physical force, an attempt to use physical force or a threatening statement to use physical force is made. Bentall Kennedy s Harassment Policy should be consulted regarding issues of personal harassment and harassment related to discrimination or inequitable work practices. Employees are: Responsible for informing their Supervisors of any violence, potential risk of violence, unacceptable behaviour or close call they may experience or witness. This includes issues in the employee s non-work life that may impact on the employee s or his or her co-workers safety. Page 2 of 8
Responsible for attending any training or information sessions provided by Bentall Kennedy to reduce violence or risks of violence. Expected to co-operate with the police, company investigators or other authorities as required during any investigation related to workplace violence. Supervisors/Managers are: Responsible for assessing the risk of violence to employees in their department, minimizing those risks where necessary or reasonable and informing any affected employee of such risk or potential risk. Responsible for ensuring employees are trained to: recognize the potential for violence; follow the procedures and policies developed to minimize risk; respond to incidents appropriately summon immediate assistance if necessary; and report and document such incidents. Responsible for reporting risks of violence, incidents of violence and close calls to the Corporate or local Occupational Health and Safety Committee or Health and Safety representative. Responsible for tracking all Health and Safety training including Workplace Violence training. Responsible for responding to any work refusals due to a threat of workplace violence. Responsible for ensuring proper medical care is provided for anyone involved in an incident and for securing the safety of employees, before investigating the incident or making reports. Responsible for co-operating with police, company investigators or other authorities, as required during any investigation related to workplace violence. The Corporate Occupational Health and Safety Committee (COH&S) will: Review Workplace Violence Hazard Assessment results and provide recommendations to management to reduce or eliminate the risk of violence. Review all reports forwarded to the COH&S regarding workplace violence and other incident reports as appropriate pertaining to incidents of workplace violence. Respond to any work refusals due to a threat of workplace violence Participate in the investigation of incidents that result in personal injury or have the potential to result in injury and critical injuries. Page 3 of 8
Respond to employee concerns related to workplace violence and communicate these to management. Senior Management will: Understand and uphold the principles of the policy and program. Communicate this policy and its procedures to all employees. Coordinate workplace violence hazard assessments to determine whether the nature of the work or the work environment places, or may place, employees at risk of violence. Ensure that Bentall Kennedy conducts hazard assessments, and develops practical steps to minimize or eliminate identified risks. Take all reasonable and practical measures to minimize or eliminate risks identified through the hazard assessment process, workplace inspections, or the occurrence of an incident. Conduct further hazard assessments at intervals of time appropriate to the specific conditions and circumstances of the jobs performed. Establish a process for reporting, investigating, documenting, and debriefing incidents of violence. Respond promptly to all reports of violence, address immediately all incidents of workplace violence, and not condone or permit any behaviour contrary to this policy. Ensure that all known incidents of workplace violence are investigated and to the extent appropriate based on the nature of each incident and the actual or potential threat it posed to worker safety: consult with other parties as applicable (e.g., Health & Safety consultants, Employee Assistance Provider, Police Services); take all reasonable and practical measures to minimize or address risks identified by the incident and; document the incident, its investigation, and corrective action taken Take all reasonable and practical measures to protect employees, acting in good faith, who report workplace violence or act as witnesses, from reprisal or further violence Review hazard assessments annually, or as changes to job responsibilities or environments occur, and revise the assessment as needed Review annually, in conjunction with review of hazard assessments, the Policy and the Workplace Violence Prevention Program as well as the effectiveness of actions taken to minimize or eliminate workplace violence and make improvements to divisional procedures, as required. Page 4 of 8
Work Refusals Protection against domestic violence in the workplace Disclosing information about a co-worker with a violent history Restraining Orders Risk Assessments Employees have the right to refuse work if they have reason to believe they are in danger from workplace violence. Bentall Kennedy s existing Work Refusal procedures, as set out in our Occupational Health and Safety policy, will apply. Our Work Refusal procedures can be found on the OH&S site on the Portal. Bentall Kennedy is aware that domestic violence may occur or transfer to the workplace and will take every precaution reasonable in the circumstances to protect an employee at risk of physical injury at the workplace. Bentall Kennedy requires all employees to report any incidents of domestic violence that may occur in the workplace. Bentall Kennedy is committed to protecting employees personal information and ensures confidentiality of all information regarding employees to the greatest extent possible. However, in instances where an employee has exhibited violent behaviour, we will balance the need for privacy with the requirement to prevent/minimize violence in the workplace. Consistent with its legal obligations, Bentall Kennedy will provide information, including personal information, to an employee about a person with a history of violent behaviour if: the employee could be expected to encounter that person in the course of his/her work; and there is a risk of workplace violence likely to expose the employee to personal injury. It is the responsibility of all employees to report to their supervisor/manager and Human Resources any restraining orders or non-contact orders that have been taken out against them. Employees are also required to report to their supervisor/manager and Human Resources if they have been found guilty of any violence-related offence. Bentall Kennedy will ensure that workplace violence hazard assessments are conducted to determine whether the nature of the work or the work environment places, or may place, employees at risk of violence. These hazard assessments will be reviewed and practical steps will be developed and reviewed to minimize or eliminate identified risks. Bentall Kennedy will conduct hazard assessments and workplace inspections periodically as often as is necessary based on the specific conditions and circumstances of the jobs performed. Training The supervisor/manager responsible for providing orientation to newly hired employees, must ensure a copy of this policy and all other related policies is provided to and reviewed with each new employee. Page 5 of 8
All employees are required to be educated and trained on the contents of this policy and program by taking the e-learning program provided through the Human Resources department. The Human Resources department will document and track training regarding workplace violence/harassment prevention. Filing Complaints Bentall Kennedy employees, its tenants, and visitors are strongly encouraged to report all incidents of violence. Individuals who believe they have been victims of violence are encouraged to file a complaint. To the extent possible, incidents should be reported and documented in writing with as much detail as possible, including what happened, when it occurred, who was involved, and whether any witnesses were present. Complaints of violence should be reported immediately to a supervisor/manager, security staff, or Human Resources. Complaints can be made in person, through email or by telephone. All alleged incidents will be investigated promptly, fairly and thoroughly. In the instance that workplace violence is occurring or is likely to occur, it is crucial that employees seek immediate assistance. Any threats or assaults that require immediate attention should, ordinarily, be reported first to the authorities and then the appropriate supervisor/manager. Employees should not place themselves in danger, but, instead, should seek appropriate assistance. Preventing reprisals Confidentiality Investigations This policy prohibits reprisals against individuals, acting in good faith, who report incidents of workplace violence or act as witnesses. Bentall Kennedy will take all reasonable and practical measures to prevent reprisals, threats of reprisal, or further violence. When complaints are brought forward it is imperative that all parties involved maintain confidentiality in an attempt to protect the privacy of all individuals. However, confidentiality may be compromised in cases where it is perceived that imminent danger exists, where maintaining confidentiality would compromise or limit the company s investigation or in cases where it is required by law. The Supervisor/Manager will investigate any reported incident immediately. He/she will also immediately make the appropriate inquiries of the victim and/or witnesses to determine if the incident is behavioural or physical. The Investigation Procedures are outlined in this link and form an attachment to this policy. Bentall%20Workplace%20Violence%20Investigation%20Procedures%20- %20Revised%20Jan%202011.doc Page 6 of 8
All complaints will be investigated All Supervisors/Managers are responsible for reporting any incident of workplace violence, whether the incident was personally observed or brought to their attention. Under no circumstances should a complaint be dismissed or downplayed, or the employee told to deal with it on their own. Failure to report incidents in a timely manner to Human Resources will result in corrective action and potential liability under applicable legislation. Support Services Bentall Kennedy is committed to providing support services to victims of violence. Confidential counseling through Shepell FGI, our Employee Assistance Program (EAP) provider, is available to employees who are victims of violence and to those who are experiencing personal problems in relation to violence. For immediate, confidential support in both French and English, please call 1-800-268-5211. Page 7 of 8
Investigation of Complaints Procedures The Supervisor is required to investigate the alleged incident immediately. The Supervisor will immediately make the appropriate inquiries of the alleged victim and/or witnesses to determine if the incident is behavioural or physical. a) If the incident is behavioural, the Supervisor will: contact Human Resources immediately to determine if mediation is appropriate and if so, will mediate or arrange for mediation of the situation; conduct a thorough investigation, and within twenty-four (24) hours after the incident occurs, submit the Violent Incident Report Form to Human Resources, the Corporate Occupational Health & Safety Committee, or local Health and Safety Representative/Committee, and any other parties required by law; consult with Human Resources regarding the corrective action to be applied to stop the workplace violence and to prevent its recurrence. b) If the incident is physical the Supervisor must follow the steps outlined above, but will also: first ensure the safety of employees and him/herself and ensure proper medical treatment is provided or sent for; contact the authorities as soon as possible (police or Ministry of Labour, as per our standard reporting practices), to report the incident; contact Human Resources and Corporate Occupational Health & Safety Committee or Health and Safety Representative, as appropriate, as soon as possible, to assess who should be involved in the investigation; upon completion of the investigation, appropriate and prompt action, up to and including termination, if necessary, will be taken to stop the workplace violence and to prevent its recurrence. All Supervisors/Managers are responsible for reporting any alleged incident of workplace violence, whether the incident was personally observed or brought to their attention. Under no circumstances should a complaint be dismissed or downplayed, or the employee told to deal with it on their own. All alleged incidents, whether physical or behavioural, will be considered equally serious and will be treated as such. Each complaint will be investigated appropriately according to the procedures outlined above. Failure to report alleged incident(s) in a timely manner to Human Resources may result in corrective action and potential liability under applicable legislation. Behavioural Incident means an incident in which no one is physically harmed in any way and which was resolved through employee or supervisory mediation. Physical Incident means an incident in which someone was physically harmed (whether requiring medical attention or not), or which continued or escalated after supervisory mediation. Page 8 of 8