“ Profiting Through Prevention ”

1. “Profiting Through Prevention”

2. Today… • A broad perspective on the issue of workplace violence (Psychological Harassment) • The Canadian experience • The anatomy of a violent incident • Threat/Risk Assessment • Legislative/legal obligations (Bill 168) • Prevention programming

3. What are we talking about… • Continuing disagreement regarding the definition and parameters of violence. • Two parameters: • physical versus Non physical • The source (who is the perpetrator)

4. Violence Definitions Vary • BC – Physical force by a person other than a worker. (HHSR, s. 4.27) • AL – “…threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury (Code, s. 1) • Sask. – “…attempted, threatened or actual conduct of a person that causes or is likely to cause injury…” (Regs, S. 37) (includes harassment) • Man. - “…attempted or exercise of physical force against a person…” (includes harassment) • Ont. (Bill 168) – “…the exercise of physical force by a person against a worker in a workplace…” (includes harassment)

5. Psychological Harassment “…means an vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and results in a harmful work environment…” Quebec Labour Standards - June 1, 2004

6. Regulatory Shift As thought there has been a regulatory migration towards the inclusion of “indirect” forms of aggressiveness, frequently referred to as “psychological harassment” Saskatchewan, Manitoba, Quebec and Ontario (pending) include harassment

7. Growing Pressure to expand the Definition of Violence… We recommend that workplace violence be defined, not only as physical violence but also as psychological violence such as: bullying, mobbing, teasing, ridicule or any other act or words that could psychologically hurt or isolate a person in the workplace. (OC Transpo Inquest – Recommendation #7)

8. Growing Pressure to expand the Definition of Violence… A Review of the Occupational Health and Safety Act to examine the feasibility of including domestic violence, abuse and harassment as matters subject to Ministry of Labour Investigation and Action Lori Dupont Coroner’s Inquest – December 11, 2007

9. The Evolution of “Bullying” (General/Personal Harassment) • Historically the focus of attention was on “physical workplace violence” • Growing evidence to suggest that interpersonal mistreatment has been a contributor • This mistreatment has been described as “verbal”, “indirect” and “passive”

10. A General Definition of “Bullying” Workplace bullying is the persistentmistreatment of one or more employees, sometimes by an employee in a position of influence or authority, who, intentionally or unwittingly, subjects others to behaviour that humiliates, demoralizes or otherwise undermines the victim’s credibility, effectiveness and personal wellbeing.

11. Warning Signs of Bullying • Unjust criticism, fault-finding and belittling • Communication that embarrasses or humiliates the person privately or publicly • Explosive outbursts • Intentionally and repeatedly isolating someone • Taking credit, undermining or deliberately impeding a person's work • Intrusive contact outside of working hours (phone calls, e-mails)

12. Additional Warning Signs • Setting unrealistic goals or deadlines • Denying access to information necessary to complete a task • Blocking applications for training, leave or promotion • Removing areas of responsibilities Unwarranted (or undeserved) punishment • Constantly changing work guidelines

13. Bullying is NOT… • Objective comments intended as constructive feedback • “Reasonable” action taken in a constructive manner to advance a work process • A decision based on “reasonable” grounds not to award, promote, transfer… • “ Reasonable” administrative action in the course of employment.

14. Our Working Definition “Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. These behaviors would originate from customers, co-workers at any level of the organization. This definition would include all forms of harassment, bullying, intimidation, physical threats/assaults, robbery and other intrusive behaviors” (IOL, 1999)

15. The Canadian Experience • Women have 19% higher rate of physical or psychological assaults than the US • Stats Can. 12,000 women 51% attacked • CUPE 1994 70% reported verbal aggression, 40% struck, 30% grabbed • Sexual Harassment fastest growing compliant since 1991 (Ont. Human Rights Commission)

16. Canada in a Global Context • France, Argentina, Romania, Canada, & England reported highest rates of assaults & sexual harassment on the job. (ILO, 1999)

17. Statistics Canada Criminal violations 1998

18. Statistics Canada Criminal Violations 2000

19. Criminal Violations Actual number of persons 19982000Change Homicide 255 319 +25% Robbery 19,572 21,279 +9% Criminal 5,378 7,143 +33% (Harassment) Sexual 8,374 9,921 +18% (Assault) Assault 8,0267 10,3617 +29%

20. CIWV Preliminary Findings • Violence has increased (66%) • Physical violence reported from outside, whereas Psychological from within • 78% have taken concrete steps to act • 53% suggest not enough being done • 91% believe Canada different than US but moving in that direction

21. What are the sources of violence?

22. From Impoliteness to Physical Attack Violence is rarely a spontaneous act but more often the culmination of escalating patterns of negative interaction between individuals

23. Violence: An Interaction • An interaction between three factors: • Stimulus that leads subject to think this is the only way out • A viable solution to the problem at hand • An organization that facilitates/permits violence, or at least does not stop it from occurring.

26. The Concept of “Control” High Locus Control TransitoryAnxiety Chronic Lack of Control Perceived Injustice Low Locus of Control

27. The Importance of Control Work Social Physical Interaction

28. The Behavioural Sequence A G B Perception F C E D

29. The Case of “Bullying” that Changed Canada’s Legal Landscape

30. Pierre LeBrun • 12 year employee of OC Transpo (Nov.’86-Dec.’98) • Driver, then Parts Clerk • Pronounced stutter and facial ticks at times of stress • Complained of being teased, mimicked and ridiculed by co-workers to OH nurse, HR worker, doctor, and supervisor • Treated for depression • Expressed concern about being labeled a rat and retaliation

31. Events of April 6, 1999 • OC Transpo St. Laurent Repair Complex • Pierre LeBrun at 2:40 p.m. begins shooting with a high powered hunting rifle • Kills 4 workers, wounds 2, kills himself • Police TAC Units and paramedics respond, reach deceased at 4:30 p.m.

32. The Letter “ …I’m going to commit an unforgivable act…I have no choice. I’m tired, exhausted and completely backed against the wall…They will never leave me alone. I can’t go on living like this! They have destroyed my life, I will destroy their life…OC Transpo and the unions can’t hide from what they do to me…They will pay dearly for what they’ve done to me. The people who I hold responsible are: (four names listed) along with many others …all I wanted was for them to leave me alone, not to bug me but it was too much to ask. They have spread lies, especially that I was a rat who denounced my own union members to try and have them stop laughing at me.”

33. Co-worker Suicide “I have been unable to sleep well since the shooting at OC. The gunman, Pierre had talked with me to great length about it and where to be for a better shot at some managers – as it turned out he shot himself at this location in the loft. I feel guilty as hell for not telling anyone.” July/99

34. Post Event Analysis “Pierre LeBrun worked in a “poisoned” workplace. He was repeatedly harassed due to his speech impediment, his tic disorder… He complained about the ridiculing to a number of individuals at OC Transpo…The personal factors of speech impediment, tic disorder, poor self esteem, anxiety, depression and paranoia exacerbated by workplace factors of chronic harassment and ridicule proved to be a fatal combination…” Dr. Peter Collins (forensic psychiatrist)

35. Legislative/Legal Responsibilities • Common Law Liability • Liability of the employer for the acts of its employees • Liability of the employer for its own acts • Statutory Liability • Occupier’s Liability Act • Occupational Health & Safety Act • Human Rights code • Criminal Code

36. Negligence of Employer Rests on the employers awareness of events in its workplace and has responded reasonably based on that knowledge. In essence a duty of care. • Negligent hiring • Negligent retention • Negligent Supervision

37. Negligent Hiring • More developed in the US but has been made in Canada • An employer may have “hired negligently” where a person with known propensities for violence should have been discovered. • Reference checks, personal interviews, security checks

38. Negligent Retention • A claim may arise where an employer continues to employ an employee, despite the fact that the employer knew or ought to have known of the employee’s history or propensity for violence, and that the employee engages in a violent act.

39. Negligent Supervision • Often referred to in the US. • The employer can be held liable for negligently retaining an employee, such as an supervisor, whom they were aware had a propensity for violence.

40. Statutory Liability • Occupier’s Liability Act • People who are in control over land must ensure that their premises are safe for persons who may be reasonably expected to enter. • There are a number of security steps that can mitigate the risk - lighting, intercom, alarm systems, electronic access, ID tags, single reception, etc.

41. Human Rights Legislation Every Canadian jurisdiction also has Human Rights legislation that protects each of us against discriminationand harassment. Some companies have specific policies regarding harassment and fair work practices. The Human Rights policy may be integrated into your workplace violence prevention policy or it may stand alone.

42. OH&S Legislation Every Canadian jurisdiction (provincial/territorial/federal) has its own Occupational Health and Safetylegislation. This legislation is intended to protect all employees against hazards on the job, including workplace violence.

43. Workplace Violence Legislation FederalGovernment Pending

44. Key Developments • FederalCanada Labour Code Regulations, December, 2007 • Ontario Bill 29, December, 2007 • Bill 168, April, 2009

45. Canada Labour Code II “Any action , conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee” Regulations

46. COHS Regulations Employer must assess and identify factors that contribute to workplace violence. • Past experience • Similar workplaces • Reports of violent incidents • Measures currently in place

47. COHS Regulations Develop, establish & post a Policy regarding workplace violence. • Commitment to a safe workplace • Dedicate resources to address violence including bullying and teasing. • Communicate factors that might contribute to workplace violence • Assist victimized employees

48. COHS Regulations Once a policy in place, the employer must establish systematic controls • 90 days after the risk assessment • Prevention measures may include workplace design and processes • Reporting/Investigation • Training • Reviewed every 3 years

49. The Criminal Code Some acts of violence fall under the Criminal Code just because they happened in a workplace does not change this fact. The Criminal Code covers acts of violence such as: • Criminal harassment • Uttering threats • Hostage taking • Sexual assault • Assault • Murder

50. Bill 168 • First reading, April 20, 2009 • To protect workers from both physical violence and harassment • Noteworthy: “Domestic Violence”, “Right to Refuse Work”, “Duty to Warn” “Risk Assessment” “Reporting of Violence to MOL”. “Accountability under the OHSA”