Violence in the Workplace Worker Training Module 8

1. Violence in the WorkplaceWorker Training Module 8 Worker Focused Safety Program

2. Module 8Bullying / Harassment Worker Focused Safety Program

3. What this module will cover • Definition • Types • Legal • What is NOT Bullying/Harassment • Addressing Risk • Conclusion

4. Definition • The proposed WSBC definition of bullying and harassment is as follows: • (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 • (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

5. Types of Bullying • Some common examples include: • Verbal / Physical (may be threats of harm) • Discrimination (e.g. racial, cultural, gender) • Inappropriate sexual advances/comments • Denigration • Whistleblower attacks • Micro-management / Career Sabotage

6. Some Interesting Statistics • 58% of bullies are female • 84% of bullied employees are female • 13% of bullies are punished or terminated • 46% are targeted because they are ethical • 49% are targeted because they are nice • 39% are targeted because it was just their turn

7. Legal Obligations • Bill 14 – Anti-Bulling Legislation for the Workplace. • Bulling and Harassment are not yet defined WorkSafeBC in the legislation or compensation policy. • Scope of claims will evolve through adjudication and challenges to decisions and will help develop policy direction.

8. Legal Obligations • OH&S Policy will fall under: • S 115(a) – general duties of employers • S 116 (1) (a) Requiring workers to take reasonable care to protect the health and safety of themselves and others; and • S 117 (1) (a) supervisors must ensure the health and safety of workers under their direct supervision.

9. What is NOT Harassment • Bill 14 is very clear on what is not harassment or bullying under the act – it is NOT: • Interpersonal conflict or interpersonal relations; • Unless threatening or abusive • Legitimate exercise of managements rights • any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment

10. Address the Risk • 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 • Second is to contact HR / OH&S

11. Eliminate or Minimize Risk • If there is an imminent threat of violence the Administrator will: • Contact the police immediately. • Take steps to eliminate or minimize the risk to workers — for example, secure the premises. • When non-imminent threats exist, employers must establish procedures, and practices to address the risk

12. Instructing Workers • There is no duty to inform all workers • A balance must be struck between the obligation to inform and worker confidentiality

13. Response • 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

14. Summary • SD61 takes all forms of bullying and harassment seriously, including criminal harassment (stalking) • Acts of bullying, harassing and ignoring plans developed to stop the activity may in fact be crimes and may be reported to the police

15. Questions…