Approved by: Board of Directors / Approval Date:
Effective Date: / Revised:
Administered by: Executive Director
Note this policy should be read in conjunction with the following policies:
Code of Conduct, Technology and Internet Usage, Working Alone and Workplace Health and Safety
Policy Statement
All employees are entitled to a workplace that is free of harassment, discrimination and workplace violence. The Organization will ensure, so far as reasonably practicable, that none of its employees are subjected to harassment or violence in the workplace.
The Organization is committed to providing a positive working environment in which all individuals are treated with respect and dignity. Harassment and violence will not be tolerated by the Organization. Individuals, regardless of seniority, found to have engaged in conduct constituting harassment or violence will face appropriate disciplinary action up to and including dismissal.
The Organization has developed an organization-wide policy in consultation with the workplace safety and health committee intended to prevent harassment or violence of any type of its employees and to deal quickly and effectively with any incident that might occur.
Scope
This policy applies to all persons who are employed at the Organization as well as to third parties (such as clients, contractors, the Board of Directors or visitors) while they are on the Organization’s property or are participating in Organization sponsored activity.
All new employees of the Organization will be apprised of the policy and procedure. This policy will be posted on the lunchroom.
Procedure
Workplace harassment is a form of discrimination. It may be broadly defined as a single event (in some circumstances) or a series of incidents. It creates a hostile or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's work performance.
Harassment need not be intentional in order to be considered harassment. It can occur on the Organization's premises or in the pursuit of a business activity off the Organization's premises.
Definition of Harassment
Harassment is defined in Manitoba's Human Rights Code as a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any of the following characteristics:
a)ancestry, including colour and perceived race;
b)nationality or national origin;
c)ethnic background or origin;
d)religion or creed, or religious belief, religious association or religious activity;
e)age;
f)sex, including pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
g)gender-determined characteristics or circumstances other than those included in clause (f);
h)sexual orientation;
i)marital or family status;
j)source of income;
k)political belief, political association or political activity;
l)physical or mental disability or related characteristics or circumstances, including reliance on a dog guide or other animal assistant, a wheelchair, or any other remedial appliance or device.
Under Manitoba's Workplace Safety and Health Act it is defined as: “objectionable conduct that creates a risk to the health of the worker”; or “severe conduct that adversely affects a worker’s psychological or physical well-being”
This includes a written or verbal comment, a physical act or gesture or a display, or any combination of them.
Conduct is “objectionable” if it is based on the characteristics listed in the Human Rights Code as set out above as well as physical size or weight.
Conduct is “severe” if it could reasonably cause a worker to be humiliated or intimidated and is repeated or in the case of a single occurrence, has a lasting, harmful effect on the worker.
Definition of Sexual Harassment
"Sexual harassment" is not explicitly defined in Manitoba's Human Rights Code however it is one of the most common forms of harassment and may be defined as:
a)a series of objectionable and unwelcome sexual solicitations or advances of a sexual solicitation;
b)a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; and/or
c)a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.
d)Like other forms of harassment, it may involve a single event if sufficiently serious.
"Discrimination" means discrimination based on the grounds set out above.
Examples
Examples of conduct which may violate this policy include, but are not limited to behavior or conduct addressed directly to an individual(s) and that threatens violence or property damage, or incites imminent lawless action that is made with specific intent to harm; racial and ethnic epithets, slurs and insults; slander, libel or, obscene speech that advocates racial, ethnic or religious discrimination, hatred or persecution; unwelcome sexual flirtations, sexual advances, physical or visual conduct that is abusive or propositions including sexually degrading words and unwelcome physical touching; sexual, racial or other jokes, e-mails, drawings, cartoons or written materials which are offensive.
Personal or Psychological Harassment is also prohibited by this policy. Personal or Psychological Harassment relates to the cruel, harsh, unfair, or threatening treatment of an employee which may or may not have as its object, encouraging the employee to terminate their employment with the Organization.
Examples can include:
- unjustified, unfair criticism or ridicule;
- insults, mocking, belittling or abusive comments and behaviour especially in front of others;
- repeated incidents of yelling, screaming or name calling;
- behaviour that is rude, intimidating or vindictive; and/or
- isnot based on grounds protected by Human Rights legislation.
Exclusions
Harassment does not include actions occasioned through exercising good faith, or if the Organization is exercising its normal managerial rights and responsibilities such as assigning and organizing work, evaluating performance, setting reasonable standards of work, taking corrective action (i.e. coaching, counseling or discipline) with respect to conduct or performance.
Definition of Workplace Violence
Workplace violence is defined in the Workplace Safety and Health Act
Regulation as:
- the attempted or actual exercise of physical force against a person and any threatening statement or behaviour that gives a person reasonable cause to believe that physical force will be used against a person.
The Organization has identified the following situations where violence may occur or where it has occurred in the past: when workers are working alone, when workers are walking to their cars in the parking lot, when workers deal with irate clients. Note to client in the training, you should state what is just a perceived risk vs. a situation where there was an actual risk of violence – for example: "while no one has been subject to violence when working alone, we see there could be risks and this is what they are etc., and there have been situations where people in the parking lot have seen something dangerous, this is what they saw and what happened etc."
The Organization is committed to ensuring, so far as is reasonably practicable, that no employee is subjected to harassment or violence in the workplace and that employees are aware of the risks of violence in the workplace and are properly trained and equipped to protect themselves.
Steps to eliminate or minimize the risk of Violence
The Organization has developed safe work procedures to inform and train employees about the risks of violence. These risks were identified in a risk assessment conducted in conjunction with the workplace safety and health committee. The safe work procedures have been reviewed with all employees. Documented safe work procedures on violence prevention include:
- working alone;
- how to deal with irate clients;
- robbery prevention;
- handling money; and
- parking lot safety.
The Organization's procedure for implementing control measures identified as a result of an investigation that will eliminate or control the risk of violence in the workplace after an investigation includes a meeting with the JHSC to review the investigation report to discuss implementing control measures that can be put in place.
As a result of the risks identified in the assessment, the following physicalchanges have been made in the workplace:
Summoning Assistance
Immediate assistance should be summoned when an incident of violence occurs or is likely to occur by using the pre-arranged distress signal or any other appropriate means. The signal that has been determined is a three code beepover the intercom system from the receptionist desk. This procedure is communicated to staff in training as well with a follow up email and is posted in our lunch room.
Employees can and should also seek assistance in an emergency by using a phone to call 204-676-2345.
The Manager or next available management employee must be notified immediately.
If a physical assault occurs, the Manager must contact the police.
Complaint Procedure
Do not assume the Organization is aware that a problem exists. Any employee who believes they have been harassed by, or have witnessed harassment or workplace violence by a co-worker, Manager, or other person should promptly report the facts of the incident or incidents and names of the individual(s) involved to their Manager or, in the alternative, to any member of management. Such internal complaints will be investigated promptly and corrective action will be taken. Retaliation or intimidation as a result of bringing such matters to management’s attention is strictly prohibited
The Organization will not tolerate any form of prohibited harassment or violence and will impose discipline up to and including termination for violation of this policy. Such conduct also may result in personal legal and financial liabilities.
If an employee feels that (s)he is being harassed or subjected to violence, the Organization wants the employee to let the Organization know as soon as possible. The procedure is as follows:
a)In the case of nonviolent harassment, and if at all possible, confront the offending individual and inform him or her that his/her conduct is unwelcome, unacceptable and ask him/her to stop.
b)If an employee is unable to approach the other employee directly and safely, or if the approach is unsuccessful, the employee should report the conduct to his/her immediate supervisor.
c)A complaint can be made orally or in writing to or directly to his/her supervisor. Should the Manager be the object of the complaint, the complaint should be made to the Executive Directorand then he/she will pass it on to designate (HR).
d)All complaints will be taken seriously, and will be dealt with fairly and promptly.
e)If the subject matter of the employee's complaint fits within the definition of this policy, it will be investigated. The investigation will be approached in an unbiased manner.
f)The complainant and the respondent are both entitled to a fair process and will both be informed of the process, progress and results of the investigation. The complainant and the respondent will both be interviewed, as well as any other witnesses. Given the sensitivity of these matters, the Organization Agency Inc. will do its best to preserve confidentiality throughout the process during the investigation. More specifically, the names of the complainants and respondents or circumstances of the incident(s) will not be disclosed unless necessary to investigate or required to take corrective action or required by law. If such information must be disclosed, only the minimum amount necessary for the purpose will be disclosed.
g)If the complainant's complaint is found to have merit, then decisive and suitable action will be taken by the Organization. This action is likely to include corrective and/or discipline up to and including the dismissal of the offending person(s).
Retaliation of any kind against employees who file discrimination, harassment, or violence complaints will not be tolerated. Regardless of the outcome of a harassment or violence complaint made in good faith, retaliation or reprisals against the Complainant, as well as anyone providing information is not acceptable, will be investigated and may be the subject of discipline up to and including dismissal.
Malicious and deliberately false complaints will result in disciplinary action up to and including termination against the Complainant. Documentation of the false complaint may be placed in the Complainant’s personnel file.
Reporting Workplace Violence
In the case of workplace violence, employees must report incidents of violence to their Manager(s) If it is a Manager, then report to Executive Director who will assign to HR within 24 hours of the incident or sooner. Employees must also cooperate in the investigation of a violent incident.
How to Report Incidents of Violence
Employees and their Manager will assess the risk associated with the situation and complete the Workplace Violence Incident Report Appendix "M". The form must be completed for all incidents, whether they are actual violence or a threatening situation where there is a reasonable expectation that it may become violent.
The employee's Manager will report all incidents of violence (including situations where there is a reasonable expectation that the threat may become violent) to HR as soon as possible. HR will immediately notify Executive Director.
The violent incident report must be submitted to the Executive Director within twenty-four (24) hours of receiving the report.
If any injury or mental trauma occurs, the employee and the supervisor must complete an injury report form and submit it to the Executive Director.
Notification of Employees at Risk
When an actual incident of violence has occurred or when it is reasonably expected to become violent, the Organization Agency Inc. will take the following stepsto ensure the safety of all employees:
- Executive Director or Manager will advise the employee if it aware the employee is at risk. They will also coordinate a review of current procedures to minimize risk.
- All available information about the source of violence will be provided to the employee if they are at risk and their supervisors.
- Depending on the circumstances, appropriate steps will be taken to protect the employee.
Under the Manitoba Workplace Safety and Health Regulation, unless otherwise prohibited by law, the duty to inform a worker about the risk of violence includes a duty to provide any information in the employer's possession, including personal information, related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work.
Recommendation to Get Medical Help
If an employee has been the victim of violence, the employee will be:
- encouraged to get immediate medical help and post-incident counselling, if appropriate;
- given the opportunity to be examined by a physician; and/or
- provided with transportation if required.
This policy will be reviewed by the Organization Agency Inc. from time to time. As well, it will prepare an annual report on violent incidents including the results of any investigation into an incident of violence, any recommendations for control measures or changes to the violence prevention policy, and any report prepared in respect of such an incident; and the control measures, if any, implemented as a result of an investigation into an incident. This report will be provided to the JHSC.
This policy is not intended to discourage or prevent a complainant from exercising any other rights, actions or remedies that may be available to him/her under any other law. Pursuant to legislation, employees have the right to contact the Human Rights Commission or Workplace Safety & Health to file a complaint of harassment or violence in the workplace. If any employee would like more information about human rights law, please contact the Manitoba Human Rights Commission at (204) 945-3007 or Workplace Safety & Health at (204) 945-3446.
Should more information be required about this policy, please contact the Human Resource Manager.
Reference:
Workplace Safety and Health Act
Human Rights Code