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HomeMy WebLinkAboutFCS-17-099 - Policy Review - Respect in the Workplace/Violence in the Workplace REPORT TO:Finance and Corporate Services Committee DATE OF MEETING:May 29, 2017 SUBMITTED BY:Michael Goldrup, Director of Human Resources, 519-741-2200 Ext. 7117 PREPARED BY:Linda Korabo, Executive Assistant, 519-741-2200Ext.7591 WARD(S) INVOLVED:N/A DATE OF REPORT:May 15, 2017 REPORT NO.:FCS-17-099 SUBJECT:Policy Review – Respect in the Workplace / Violence in the Workplace ___________________________________________________________________________ RECOMMENDATION: ThatPolicy HUM-WOR-140(Respect in the Workplace)and Policy HUM-WOR-250 (Violence in the Workplace), asattached to staff report FCS-17-099,be approved. BACKGROUND: In the late Fall of 2015, Council approved a review of all corporate policies. Since that time, several staff reports have been prepared to advance this process. At the September 26, 2016 Council meeting, Council approved a list of policies categorized as ‘Council’ or ‘Administrative’.The accompanying staff report re-iterated the descriptions differentiating the policy types and also indicated that ‘Human Resources’ policies would be brought forward separately. REPORT: This report brings forward twoof the Human Resources policies requiring revision. The proposed revisionswill ensure the policiessufficiently meet the requirements of the Ontario Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code (OHRC), are legally sound and meet the needs of our workforce. In 2016, the Ontario Ministry of Labour introduced new legislation to require employers to amend workplace policies and programs to include: -Definitions for workplace sexual harassment -Establish along with the workplace joint health and safety committees an active written program for prevention of harassment in the workplace including sexual harassment *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 -Procedures for investigation of complaints -Identify in writing how the results of investigations will be shared -Provide information and instructions to worker on the program, policies and procedures HUM-WOR-140 – Respect in the Workplace This policy was previously referred to as Policy II-140– Human Rights and is being renamed ‘Respect in the Workplace’ as it provides direction on workplace discrimination, harassment, sexual harassment and appropriate workplaceconduct.A significant requirementin the amended policy is the establishment ofan active program for preventing discrimination and harassment and covering the reporting, investigation andany corrective actions that may result.See Appendix ‘A’. HUM-WOR-250 – Violence in the Workplace Statements relating to workplace harassment have been removed and wording has been streamlined to ensure consistency with HUM-WOR-140 – Respect in the Workplace (above). See Appendix ‘B’. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: None. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: FCS-16-120 - Corporate Policy Review – Identification of ‘Council’ and ‘Administrative’ Policies ACKNOWLEDGED BY: D. Chapman, Deputy CAO – Finance and Corporate Services 5 - 2 POLICY Policy No:HUM-WOR-140 Approval Date:December 17, 1990 Policy Title:RESPECT IN THE WORKPLACE Reviewed Date:June 2010 Policy Type:COUNCIL Reviewed Date:April 2017 Category:Human Resources Next Review Date:February 2022 Reviewed Date: Sub-Category:Workplace Practices Amended:May 5, 2017 Author:Ita Magid Replaces:Human Rights II-140 Dept/Div:Finance & Corporate Services/Human Resources Repealed: Replacedby: Related Policies, Procedures and/or Guidelines: HUM-WOR-250 Violence In The Workplace HR Policy Worker Complaints Resolution HR Policy Social Media HR Policy Internet Electronic Mail Council Policy Unacceptable Behaviour HR Policy Inclusive Recruitment & Hiring Practices HR Policy Employee And Family Assistance Program Human Rights Code 1 of 11 5 - 3 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE 1.POLICY PURPOSE: The Corporation of the City of Kitchener is committed to providing and maintaining a work environment that is based on respect for the dignity and the a healthy and safe work environment free of any forms of bullying,uncivil or disrespectful behaviour, and from discrimination and harassment, including sexual harassment. The intention of this policy and its procedures is to prevent discrimination and harassment from taking place and, where necessary, to act upon incidents and complaints of such behaviour quickly and fairly with due regard for confidentiality. Ontario Human Rights Code, the Occupational Health and Safety Act and the Accessibility for Ontarians with Disabilities Act. This is a companion policy to the c the Workplace Policy, which addresses workplace violence, including actual, attempted or threatened violence and domestic violence that may occur in the workplace. 2.DEFINITIONS: a)Discrimination Workplace discrimination includes any distinction, exclusion or preference based on the protected grounds in the Ontario Human Rights Code, which nullifies or impairs equality of opportunity in employment, or equality in the terms and conditions of employment. The protected grounds are: race, colour, ancestry; citizenship; ethnic origin; place of origin; creed, including religion; age; gender identity and gender expression; sexual orientation; sex (including pregnancy and breast-feeding); marital status (including same-sex partnership and single status); family status; disability or perceived disability; record of offenses for which a pardon has been granted under the Criminal RecordsAct (Canada) and has not been revoked, or an offence in respect of any provincial enactment. 2 of 11 5 - 4 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE b) Discriminatory Harassment Discriminatory harassment includes comments or conduct based on the protected grounds in the Ontario Human Rights Code, which the recipient does not welcome or that offends him or her. Some examples of discriminatory harassment include: membership or perceived membership in one of the protected grounds, such as race, religion or sexual orientation; accent, speech or mannerisms; persistent or inappropriate questions about whether a person is pregnant, has children or plans to have children; inappropriate comments or jokes about sex. Harassing comments or conduct can poison the working environment, making it a hostile or uncomfortable place to work, even if the person is not being directly targeted. This is commonly referred to as a poisoned working environment and it is also a form of harassment. Some examples of action that can create a poisoned work environment include: displaying offensive or sexual materials such as posters, pictures, calendars, websites or screen savers; distributing offensive e-mail messages or attachments such as pictures or video files; practical jokes that embarrass or insult someone; jokes or insults that are offensive, racist or discriminatory in nature. c) Sexual and Gender-Based Harassment Sexual harassment includes conduct or comments of a sexual nature that the recipient does not welcome or that offend him or her. Sexual and gender-based harassment also includes negative or inappropriate conduct or comments that are not necessarily sexual in nature, but are directed at an individual because of his or her gender or sex. Comments or conduct of a sexual nature or that are based on gender or sex, that are not necessarily directed at a particular individual but are unwelcome or offensive to an individual or group can also be considered sexual or gender-based harassment. The Ontario Human Rights Code provides for protection from sexual harassment in employment as follows: Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender 3 of 11 5 - 5 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE expression by his or her employer or agent of the employer or by other employees. Every person has a right to be free from a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. The Occupational Health and Safety Act defines workplace sexual harassment as: (i) Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or (ii) Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance in unwelcome. Both men and women can be victims of sexual or gender-based harassment and someone of the same or opposite sex can harass someone else. Some examples of sexual or gender-based harassment are: sexual advances or demands that the recipient does not welcome or want; threats, punishment or denial of a benefit for refusing a sexual advance; offering a benefit in exchange for a sexual favour; leering (persistent inappropriate staring); displaying sexually explicit e-mail material such as posters, pictures, calendars, cartoons, screen savers, pornographic or erotic websites or other electronic material; distributing sexually explicit e-mail messages or attachments such as pictures or video files; sexually suggestive or obscene comments or gestures; unwelcome remarks, jokes, innuendoes, propositions body, clothing or sex; persistent, unwanted attention after a consensual relationship ends; physical contact of a sexual nature, such as touching or caressing; nship, regardless of whether they are malicious; sexual assault; 4 of 11 5 - 6 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE d) Harassment and Bullying Workplace harassment is a health and safety issue that is covered under the Occupational Health and Safety Act. Workplace harassment is defined as: Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome; or Workplace sexual harassment (as defined in Section 3 (c) of this policy). Some examples of workplace harassment are: verbally abusive behaviours such as yelling, insults, ridicule and name-calling, including, but not limited to, remarks, jokes, innuendos that demean, ridicule, intimidate or offend; workplace pranks, vandalism, bullying; gossiping or spreading rumours, regardless of whether they are malicious; excluding or ignoring someone, such as persistent exclusion of a particular person from workplace-related social gatherings; workplace supervision done in a demeaning or abusive manner; humiliating someone; sabot; displaying or circulating offensive pictures or materials; offensive or intimidating phone calls, e-mails, texts or social media communications; for reasons that are not legitimate; making false allegations about someone in memos or other work related documents; menacing behaviours including staring, glaring, inappropriate gestures or unwelcome physical closeness. d) The Occupational Health and Safety Act states: A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. Workplace harassment should not be confused with legitimate, reasonable management actions that are part of the normal work function, including but not limited to: measures to correct performance deficiencies, such as placing someone on a performance improvement plan; 5 of 11 5 - 7 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE imposing discipline for workplace infractions; requesting medical documents in support of absence from work; enforcement of workplace rules and policies; respectful workplace supervision, discipline and direction. It also does not include normal workplace conflict that may occur between individuals or differences of opinion between co-workers. 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: All Employees ManagementPermanent Full-Time Employees Permanent Full-Time Non UnionPermanent Full-Time C.U.P.E. 791 TemporaryPart-Time Non-Union StudentPermanent Full-Time Union Continuous Part-Time EmployeesPart-Time Employees Continuous Part-Time Non-UnionContinuous Part-Time Union Council Local Boards & Advisory Committees Specified Positions Only: 4. POLICY CONTENT: a) The Test of Harassment It does not matter what the intent was, the test of harassment is whether you knew or should have known that the comments or conduct were unwelcome to the person to whom it was directed. For example, someone may make it clear through their conduct or body language that the behaviour is unwelcome, in which case you must immediately stop that behaviour. Although it is commonly the case, the harasser does not necessarily have to have the power of authority over the recipient. Harassment can occur from co-worker to co-worker, supervisor to employee and employee to supervisor. Respect in the workplace exclude are counter to the culture at the City of Kitchener and should be addressed (promptly) in accordance with the procedures set out below. b) Procedure for Resolving and Investigating Harassment & Discrimination Incidents and Complaints (i) Informal Procedure 6 of 11 5 - 8 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE If an employee believes that they are being harassed or discriminated against the first thing to do is to tell the person to stop. Do so as soon as any unwelcome comments or conduct is received. Although this may be difficult to do, telling the person that their actions are not welcome is often enough to stop the behaviour. Some things that can be said that might stop the behaviour include: If the harassment or discrimination continues after the individual has been confronted, a written statement of the situation may be provided to the individual. The incident(s) can also be reported to the union, supervisor, any other supervisor, any member of management or Human Resources. It helps to keep a record of any incident(s) experienced. This includes when the harassment started, what happened, whether there were any witnesses and what the response was. If the individual who has perpetrated the harassment or discrimination is not an employee of the City (e.g. a member of the public, supplier, contractor etc.), please report the incident(s) to the union, supervisor, any other supervisor, any member of management or Human Resources. Although the City has limited control over third parties, the issue will be addressed with the intent to prevent further problems from arising. (ii) Formal Procedure If the incident or complaint cannot be resolved informally or if it is too serious to handle on an informal basis, a formal complaint can be brought forward to the union, a member of the management team or Human Resources. When bringing a formal complaint forward, as much written information as possible will be needed, including the name(s) of the person(s) believed to be perpetrating the harassment or discrimination, the place, date and time of the incident(s) and the names of any possible witnesses. It i escalate or happen again. Once the complaint is received an investigation will be initiated. The investigation may be informal or formal as deemed necessary and appropriate by the Human Resources division. Discrimination and harassment are serious matters. Therefore, if a decision is made by an individual not to make a formal complaint, an investigation may still need to occur and steps need to be taken to prevent further discrimination or harassment. For example, an 7 of 11 5 - 9 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE investigation may need to be conducted if the allegations are serious or if there have been previous complaints or incidents involving the same individual(s). (iii) Investigation Procedure An investigation will be undertaken as quickly as possible. An internal or external investigator may be chosen, depending on the nature of the incident or complaint. The Director of Human Resources in consultation with the Department Head will determine whether the external investigator is required. The investigation may include: interviewing the complainant and respondent to ascertain all of the facts and circumstances relevant to the incident or complaint, including dates and locations interviewing witnesses deemed relevant by the investigator, if any reviewing any related documents making detailed notes of the investigation and maintaining them in a confidential file Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings for review by the Director of Human Resources. The Director of Human Resources in consultation with the department head, and any other applicable representatives of the City depending on the circumstances as determined by the Director of Human Resources and the department head, will determine what action should be taken as a result of the investigation. This consultation may include obtaining legal advice. The Director of Human Resources (or his or her designate) will meet separately with each of the complainant and respondent to make them aware of the findings and provide them with a letter stating whether or not the incident or complaint constituted harassment or discrimination. At the discretion of the Director of Human Resources, alternatively, the investigator(s) will meet separately with each of the complainant and respondent to provide them with this information. The Director of Human Resources and/or department head (or their designates) will meet with the complainant to provide information regarding corrective action taken in respect of the respondent, if any. The Director of Human Resources and department head (or their designates) will also meet with the respondent to inform him or her of next steps including any corrective action, if applicable. It recommended actions have been completed and confirmed in writing for file closure. The Director of Human Resources, and any other applicable representatives of the City deemed appropriate at the discretion of the Director of Human Resources, will determine the appropriate amount of information to be shared with the complainant and respondent. (iv) Corrective Action 8 of 11 5 - 10 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE If a finding of harassment or discrimination is made, the City of Kitchener will take City of Kitchener. Corrective measures may include, but are not limited to, one or more of the following: discipline, such as a verbal warning, written warning or suspension without pay; termination with or without cause; referral for counselling, coaching or training, anger management training, supervisory skills training, or attendance at educational programs on respect in the workplace; demotion or denial of promotion; reassignment or transfer; any other disciplinary action deemed appropriate under the circumstances. If there is not enough evidence to substantiate the incident or complaint, corrective measures will not be taken. The goal is to complete any investigation and communicate the results to the complainant and respondent within a reasonable time frame after becoming aware of an incident or a complaint is received, where possible. The timeframe within which an investigation can be completed varies depending on the circumstances of each investigation. (v) Confidentiality of Complaints and Investigations Due to the sensitive nature of discrimination and harassment incidents and complaints, these complaints will be kept confidential to the extent possible. As much information as is deemed necessary to investigate and respond to the incident or complaint will be released in order to take corrective action regarding the incident or complaint or if required to do so by law. Out of respect for the individuals involved, it is essential that the complainant, respondent, witnesses, and anyone else involved in or aware of the formal investigation of an incident or complaint maintain strict confidentiality throughout the investigation and afterwards. Unionized staff may have the assistance of a union representative throughout the investigation process, if they so choose. The role of the union representative is to observe and provide support throughout the investigation process.Nonunion staff may bring a support person with them, their role would be to observe and provide support during the investigation process. All workers, representatives and support persons are required to fully cooperate in the investigation process and to not in any way impede, obstruct or behave in a manner that potentially jeopardizes the integrity of the investigation. (vi) What to Do if You are Accused of Harassment or Discrimination 9 of 11 5 - 11 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE If an employee is asked by a coworker to stop behaviours that could reasonably constitute harassment, they must evaluate their behaviour. Even if the employee did not mean to offend, their behaviour was perceived as offensive. Stop the behaviour that the person finds offensive and apologize. Failure to stop this behaviour will leave the employee more vulnerable to disciplinary action if it is determined their behaviour was inappropriate or constituted harassment or discrimination. If the belief is that the incident was reported or the complaint was made in bad faith or is malicious in nature, this should be discussed with the union or the Human Resources division, supervisor or any other supervisor or member of management. (vii) Protection from Retaliation or Reprisal The City of Kitchener will not tolerate retaliations, taunts, or threats against anyone who reports an incident or complains about discrimination or harassment or takes part in an investigation. Any person who taunts, retaliates against or threatens anyone in relation to a discrimination or harassment incident or complaint may be disciplined up to and including termination of employment. If an incident or complaint is made in good faith and without malice, regardless of the outcome of the investigation, the complainant will not be subject to any form of discipline. The City of Kitchener will, where there is evidence to support it, discipline or terminate anyone who brings a false and malicious complaint. (viii) Training All staff will receive training and communications on this policy and any related policy and program. (ix) Worker Support The City of Kitchener has an employee and family assistance program (EFAP) to provide confidential and anonymous counselling services to workers. (x) Review The joint health and safety committee will review this policy as often as necessary or at least annually. 5. HISTORY OF POLICY CHANGES Administrative Updates 2010-06-01 Minor changes 2016-06-01 Policy template reformatted and given new numbering system. Formal Amendments 10 of 11 5 - 12 Policy No:HUM-WOR-140 Policy Title:RESPECT IN THE WORKPLACE 2017-02-01 Policy amended to remove harassment language and provide a more encompassing policy concerning overall respect in the workplace. New legislation necessitated changes to maintain compliance. 11 of 11 5 - 13 POLICY Policy No:HUM-WOR-250 Approval Date:August 28, 2000 Policy Title:VIOLENCE IN THE WORKPLACE Reviewed Date:June 14, 2010 Policy Type:COUNCIL Reviewed Date:December 10, 2001 Category:Human Resources Reviewed Date:April, 2017 Next Review Date:March 2022 Sub-Category:Council Amended:May 5, 2017 Author:Shelley Ogilvie Replaces: Dept/Div:Finance & Corporate Services/Human Resources Repealed: Replacedby: Related Policies, Procedures and/or Guidelines: HUM-WOR-140-Respect In The Workplace HR Policy Worker Complaints Resolution HR Policy Social Media HR Policy Internet Electronic Mail Council Policy I-345 Unacceptable Behaviour Council Policy I-495 Security Officers Occupational Health and Safety Act 1.POLICY PURPOSE: The Corporation of the City of Kitchener is committed to providing a safe and healthy workplace free from actual, attempted or threatened violence in compliance with the requirements of the Occupational Health and Safety Act. The Corporation recognizes workplace violence, including domestic violence that may occur in the workplace, is a serious matter and will take all reasonable precautions to prevent workplace violence and to protect workers in the workplace. s Respect in the Workplace Policy which addresses harassment and discrimination, including any conduct that is known or ought to be known as disrespectful or unwelcome. 2.DEFINITIONS: 1 of 10 5 - 14 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; (c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. Examples of workplace violence include but are not limited to: physically threatening behaviour, such as, shaking a fist at someone, pointing a finger, destroying property, throwing objects; verbal or written threats to physically attack a worker; threatening notes or emails; wielding a weapon at work; stalking someone; physically aggressive behaviours, including but not limited to hitting, shoving, standing excessively close to someone in an aggressive manner, pushing, kicking, throwing an object at someone, physically restraining someone, or any other form of physical violence or assault; domestic violence that can impact the workplace. including but not limited to, supervisors, managers, directors, deputy CAOs and CAO. who are not management employees, including but not limited to any person who performs work or supplies services for monetary compensation including contractors and consultants, students, trainees, interns, apprentices and volunteers. is defined under the Occupational Health and Safety Act. It includes but is not limited to, any land, premises, location or thing at, upon, in or near which a worker works. Essentially, a workplace is anywhere a worker is working, or participating in work-related activities. It also includes any location in which you are engaged in work-related activities as defined in section 4 of this policy. 2 of 10 5 - 15 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE 3. SCOPE: This policy applies to all workers of the Corporation of the City of Kitchener. POLICY APPLIES TO THE FOLLOWING: All Employees Management Permanent Full-Time Employees Permanent Full-Time Non Union Permanent Full-Time C.U.P.E. 791 Temporary Part-Time Non-Union Student Permanent Full-Time Union Continuous Part-Time Employees Part-Time Employees Continuous Part-Time Non-Union Continuous Part-Time Union Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: Workplace violence may come from different sources such as: strangers or people with no ties to the workplace; contractors or suppliers; clients, customers, or members of the public; other workers; intimate relationships outside of work, such as partners, family or friends that impact the workplace. Violence that occurs outside the normal workplace but which has an impact in the workplace, including working relationships, may also be considered workplace violence. This policy applies in any location in which workers are engaged in work or work- related activities. This includes but is not limited to: the workplace; during work-related travel; at restaurants, hotels or meeting facilities that are being used for business purposes; 3 of 10 5 - 16 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE in corporation-owned or leased facilities; during telephone, email and other communications, including but not limited to, social media; dialogue related to work or workplace relations that extends from the workplace, as well as comments made on social media pertaining to or associated with workers, work or the workplace; at any work-related social event, whether or not it is sponsored by the City of Kitchener This policy also applies to situations of workplace violence, including domestic violence which may occur in the workplace, by individuals who are not workers of the City; these may include suppliers, and members of the public. Available remedies available may be constrained to the situation and the fact that these individuals are not City workers. A) Domestic Violence If an employee experiences domestic violence that would likely expose the employee, or other workers, to potential physical injury in the workplace, the Corporation will take every precaution reasonable to protect the employee and co-workers in the circumstances. This may include some or all of the following: creating a safety plan; contacting the police; establishing enhanced security measures such as a panic button, code words, andsecured access; screening calls and blocking certain email addresses; setting up priority parking or providing escorts to vehicles or to public transportation; adjusting working hours and location so that they are not predictable; assisting with obtaining counselling through the employee and family assistance program (EFAP) or other community programs. B) Duties and Obligations It is our mutual responsibility to ensure that we create and maintain a violence-free workplace and address violence and/or the threat of violence from all possible sources (including, but not limited to, employers, supervisors, workers, members of the public, contractors, consultants, strangers, family, friends and domestic/intimate partners). 4 of 10 5 - 17 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE i. The City will do its part by not tolerating or condoning violence in the workplace. This includes making everyone in our organization aware of the behaviours are not appropriate; assessing the risk of workplace violence; investigating complaints and incidents, and imposing suitable corrective measures. ii. Duties of Management Supervisors and members of management are expected to assist in creating a violence- free workplace and to immediately act (in accordance to Section 6 of this policy) if they receive a complaint of workplace violence or witness or are aware of violent behaviour. Supervisors and members of management must also take every reasonable precaution to protect workers from workplace violence, including conducting risk assessments as set out in Section H of this policy. When supervisors and managers become aware of workplace violence, failure to act may be subject to discipline. iii. Duties of All Workers Workers must ensure their behaviour does not violate this policy. They should foster a work environment that is based on respect and is free of violence or threats of violence. Workers are also required to report workplace violence or a threat of workplace violence as set out in Section C below. C) Reporting Under the Occupational Health and Safety Act, workers have a responsibility to report workplace hazards. Workplace violence is considered a hazard in the workplace. Therefore, if workers are aware of workplace violence, even if they are not a recipient or witness to the violence directly, they must report it. Workers who are either the recipient of or a witness to, workplace violence, from any person must report such behaviour to their supervisor. A worker who believes they are unable to report workplace violence to their direct supervisor may report to any of the following: any supervisor or member of management; Security; joint health and safety committee; Human Resources, or their union representative. If there is a lack of response, the worker must immediately report this to senior 5 of 10 5 - 18 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE management and/or Human Resources. If a worker is believed to be in imminent physical danger or aphysical assault has occurred, it must be immediately reported to the police. In all reports of workplace violence, corporate emergency procedures must be immediately followed (See Corporate Emergency Procedures and Awareness under Forms, Policies and Resources Tab on the Intranet). All workers also have the right to refuse unsafe work if they have reason to believe they are in danger from workplace violence. In that instance, please immediately contact the supervisor, any other supervisor or member of management or Human Resources, so appropriate measures can be taken to protect workers and investigate the situation. The worker refusing unsafe work will be moved to a safe place as near as reasonably possible to the normal work station and will need to be available for the purposes of investigating the incident. Certain workers, such as a member of the Security division, may have a limited right to refuse, because the risk is inherent in their job duties. Should a worker initiate a work refusal related to workplace violence, the Safety Manual Work Refusal procedures must be followed (See Safety Manual and Guidelines under Forms, Policies and Resources Tab on the Intranet). D) Investigation Any reports or incidents of workplace violence will be taken seriously. All reports and incidents of workplace violence must be investigated. If a manager or supervisor becomes aware of, or witnesses, acts or threats of violence, even if these events or actions are not reported to them by a worker, they must initiate an investigation and corrective and preventative actions. The investigation begins by reporting the incident to Human Resources using the Corporate Accident Investigation and Incident Reporting Procedures (See Safety Manual and Guidelines under Forms, Policies and Resources Tab on the Intranet). In cases where the report of workplace violence involves allegations of a City of Kitchener worker behaving in a manner in contravention of this policy, the Respect in the Workplace complaint process will be initiated and Human Resources will oversee the investigation of the complaint. Human Resources has discretion to use either an internal or external investigator to conduct an investigation, depending on the nature of the incident. The investigation may include: conducting interviews of appropriate individuals to establish all the facts and circumstances relevant to the incident or complaint, including dates and locations; reviewing any related documentation; 6 of 10 5 - 19 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE making detailed notes of the investigation and maintaining them in a confidential file. Once the investigation is complete, the findings will be shared as an information item with the joint health and safety committee as required by theOccupational Health and Safety Act. The Joint health and safety committee may make recommendations to management to improve safety in the workplace. Any incidents or reports of discrimination or harassment must follow the direction provided under the HR Policy Respect in the Workplace. E) Confidentiality All efforts will be made to protect the personal information of those who are accused of workplace violence and those who are affected. Only as much information as is necessary to investigate and respond to the incident or complaint with be released in order to take corrective action or if required to do so by law. The City of Kitchener may be required to disclose pertinent information for the purpose of protecting a worker from injury where a reasonable threat of workplace violence exists. Reports will be kept confidential if it has been determined that a reasonable threat of workplace violence does not exist, or where reasoned and practical in the circumstances. Out of respect for the individuals who are involved, it is essential that strict confidentiality be maintained throughout the investigation and afterwards by those accused of workplace violence; those affected by it, witnesses, and anyone else involved in or aware of the investigation of an incident or complaint. Unionized staff may be assisted by a union representative throughout the investigation process, if they choose. The role of the union representative is to observe and provide support throughout the investigation process. Non-union staff may bring a support person with them, their role would be to observe and provide support during the investigation process. All workers, representatives and support persons are required to fully cooperate in the investigation process and to not in any way impede, obstruct, or behave in a manner that potentially jeopardizes the integrity of the investigation. Breach of confidentiality, or acting in a manner that obstructs, impedes or affects the integrity of the investigation is subject to discipline. F) Protection from Retaliation or Reprisal 7 of 10 5 - 20 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE No worker can be penalized, reprimanded, or in any way criticized when acting in good faith while following the procedures for addressing situations involving workplace violence. The City of Kitchener will not tolerate retaliation, taunts, or threats against anyone who reports an incident, complains about workplace violence, or takes part in an investigation. Any person, who taunts, retaliates against or threatens anyone in relation to a workplace violence incident or complaint may be disciplined. If you report an incident or make a complaint in good faith and without malice, regardless of the outcome of the investigation, the complainant will not be subject to any form of discipline. The City of Kitchener will, however, discipline or terminate anyone who brings forward a false and malicious complaint. G) Corrective Actions Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings for review by the Director of Human Resources. If a finding of workplace violence by a worker is made, the City of Kitchener will take City of Kitchener. The Director of Human Resources in consultation with the department head and any other appropriate representatives will determine what action should be taken as a result of the investigation. This consultation may include obtaining legal advice. Applicable representatives will be determined by the Director of Human Resources and the department head depending on the circumstances. Corrective measures may include but are not limited to one or more of the following: discipline, such as a verbal warning, written warning or suspension without pay; termination with or without cause; referral for counselling, coaching or training, anger management training, supervisory skills training, or attendance at educational programs on respect in the workplace; demotion or denial of promotion; reassignment or transfer; any other disciplinary action deemed appropriate under the circumstances. Criminal accountability may also be applied by the police. In the case of a member of the public, Council Facility Policy I -345 - Unacceptable Behaviour and/or Council Policy I -495- Security Officers may be initiated as well. 8 of 10 5 - 21 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE H) Risk Assessment Supervisors and managers must take every reasonable precaution to protect workers from workplace violence, including participating in risk assessments for workplace violence. Risk assessments are to be conducted as frequently as necessary to prevent injury in the workplace. For example: after an event or threat has occurred; if the work or workplace has changed; when a safety concern related to workplace violence has been raised. Risk assessments may inclu determine whether and to whom this worker poses a risk. In making this evaluation, supervisors and managers should consider: or work; whether the history of violence was directed at a particular worker or workers in general; how long ago the incidence of violence occurred. In certain circumstances, supervisors and managers may have a duty to provide information about a risk of workplace violence from a person with a history of violent behaviour if a worker may encounter that person during the course of work and the risk of workplace violence is likely to expose the worker to physical injury. Supervisors and managers will only release as much personal information about the person with a history of violent behaviour as is reasonably necessary to protect the worker from workplace violence. Supervisors and managers are required to consult with the Human Resources division prior to releasing information about a person with a history of violence.Risk assessments will be conducted using the corporate health and safety risk assessment tool. I) Training All staff will receive training and communications on this policy and any related policy, procedures and techniques for the prevention of workplace violence as necessary to meet the intent and requirements of this policy and the Occupational Health and Safety Act. J) Worker Support The City of Kitchener has an employee and family assistance program (EFAP) available 9 of 10 5 - 22 Policy No:HUM-WOR-250 Policy Title:VIOLENCE IN THE WORKPLACE to provide confidential and anonymous counselling services to workers who have been subject to workplace violence. K) Review The Violence in the Workplace policy, incidents of reported workplace violence and the workplace violence risk assessments are reviewed annually and are reported and reviewed with the respective Joint Health and Safety Committee. 5. HISTORY OF POLICY CHANGES Administrative Updates 2001-12-10 reviewed and updated as per CLT. Formal Amendments 2016-10-17: Policy amended to remove harassment language. As a result of new safety legislative requirements pertaining to workplace harassment and sexual harassment in the workplace- removal of harassment language to the Human Rights Policy, updated definitions, confidentiality and corrective actions amended. 2010-06-14: As per Council Resolution date 2016-06-07new Violence in the Workplace Policy approved as per CAO report 10-022 and addendum 10-005 10 of 10 5 - 23