Violence in the Workplace Worker Training Module 4

1. Violence in the WorkplaceWorker Training Module 4 Worker Focused Safety Program

2. Module 4Health & Safety Complaint Worker Focused Safety Program

3. What this module will cover • Definitions • Reporting unsafe conditions and/or Declaring Unsafe Work • Process • Administrative response • JOH&S involvement • DOH&S involvement • Occupational Health & Safety involvement • WorkSafeBC involvement

4. Verbal abuse vs. threats • Abuse may be intended to hurt the feelings or humiliate someone, while threats may create fear and cause concern for their safety • The use of profanity doesn’t necessarily constitute a threat, however combined with other actions and behaviours it may escalate to threatening behaviour.

5. Recognizing Violence • Three main types of violence • Verbal abuse/threats • Threatening behaviour • Physical assault Any of these behaviours alone or together constitute an incident

6. Reasonable Cause & Undue Hazard The onus is on the worker to establish that: • Both are present • Both are communicated, and that • The belief is honestly held, and that • The belief is reasonable in the circumstances, and that • The danger is sufficiently serious to justify the particular action

7. Reporting a General Complaint • Whenever a worker observes what they believe is an unsafe or harmful condition or act they must report it as soon as possible to their Administrator • It is critical to understand that resolution to any problem is easier when the problem is clearly defined and there are reasonable expectations around resolution

8. Process – Step 1 • A worker concern is reported to their Administrator • Worker and Administrator discuss the issue and come up with a resolution acceptable to both parties • Situation is considered resolved and Administrator records and files OH&S Regulation Section 4.28

9. Process – Step 2 • Resolution is not found at step 1 • Issue will be referred to the JOH&S committee • Worker provides as much detail as possible • Written description of issue • Resolution desired • The basic How, What, Where, When and Who • Consultation will take place at JOH&S and recommendation for next steps will be tabled

10. Process – Step 3 • Resolution is not found at step 2 • Issue will be referred to DOH&S committee • JOH&S provides enhanced detail • Detailed written description of issue • Resolution desired • In-depth How, What, Where, When and Who • Consultation will take place at DOH&S and issue will be either returned to JOH&S for resolution or recommendation for next steps will be tabled

11. Process – Step 4 • Resolution is not found at step 3 • Issue will be referred to the Manager, Occupational Health & Safety in the form of a 21 day letter • Manager, Occupational Health & Safety will consult with Senior Administration and provide a response to the DOH&S committee within 21 working days of receipt of the letter from DOH&S • WorkSafeBC requirement

12. Process – Step 5 • Resolution is not found at step 4 • WorkSafeBC will be contacted by the co-chairs of the JOH&S committee • Manager, Occupational Health & Safety will turn over all materials in their possession to WorkSafeBC officer • WorkSafeBC will review and write an Inspection Report detailing action to be taken • WorkSafeBC requirement

13. Refusal of Unsafe Work Complaint • Section 3.12 • When a worker has reasonable cause to believe that to carry out a work process would create and undue hazard to the health and safety of a person • Where a worker holds this belief they must immediately report it to their Administrator

14. Undue hazard • The applicable policy of the WCB’s Prevention Division describes an “undue hazard” in the following manner: • An undue hazard is a condition or circumstance where an officer of the Board would issue a “stop work” order or a Closure Order. A “stop work” order is … an order requiring a corrective measure before a work activity proceeds or resumes.

15. 3.12 Process – Step 1 • A worker concern is reported to their Administrator • Worker and Administrator discuss the issue and come up with a resolution acceptable to both parties • Situation is considered resolved and Administrator records and files

16. Process – Step 2 • Resolution is not found at step 1 • Worker provides as much detail as possible in writing, including at a minimum • Description of issue • Resolution desired • The basic How, What, Where, When and Who • Issue MUST be immediately investigated by Administrator and a JOH&S committee member

17. 3.12 Process – Step 3 • Resolution is not found at step 2 • Administration or/and JOH&S will contact the Manager, Occupational Health & Safety • WorkSafeBC will be notified and the Manager, OH&S will continue to attempt to resolve the issue until a WSBC officer investigates and provides direction • WorkSafeBC requirement

18. After WSBC • The WorkSafeBC officer investigating the 3.12 complaint will, by law, write an Inspection Report (IR) • The IR may contain Orders directing action to be taken to ameliorate any deficiencies and directing a timeframe for response by the employer • Contact Manager, Occupational Health & Safety

19. Discriminatory Action • Any worker who honestly believes they are filing a 3.12 in accordance with the framework of the Regulation is protected from discriminator action by the employer • Section 3.12(1)

20. Discriminatory Action • As long as there is no loss of pay to the worker temporary assignment or re-assignment not deemed to constitute discriminatory action by WorkSafeBC • Section 3.13(2)

21. Questions…