Violence in the Workplace Worker Training Module 8

Worker Focused Safety Program

Violence in the WorkplaceWorker Training Module 8

Worker Focused Safety Program

Module 8Bullying / Harassment

What this module will coverODefinitionOTypesOLegalOWhat is NOT Bullying/HarassmentOAddressing Risk OConclusion

DefinitionO The proposed WSBC definition of bullying

and harassment is as follows: O (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

O (b) excludes any reasonable action taken by an employer or supervisor relating to the management and direction of workers or the place of employment.

Types of BullyingOSome common examples include:

O Verbal / Physical (may be threats of harm)O Discrimination (e.g. racial, cultural, gender)O Inappropriate sexual advances/commentsO DenigrationO Whistleblower attacksO Micro-management / Career Sabotage

Some Interesting StatisticsO 58% of bullies are femaleO 84% of bullied employees are femaleO 13% of bullies are punished or terminatedO 46% are targeted because they are ethicalO 49% are targeted because they are niceO 39% are targeted because it was just their

turn

Legal ObligationsO Bill 14 – Anti-Bulling Legislation for the

Workplace.O Bulling and Harassment are not yet defined

WorkSafeBC in the legislation or compensation policy.

O Scope of claims will evolve through adjudication and challenges to decisions and will help develop policy direction.

Legal ObligationsO OH&S Policy will fall under:

O S 115(a) – general duties of employersO S 116 (1) (a) Requiring workers to take

reasonable care to protect the health and safety of themselves and others; and

O S 117 (1) (a) supervisors must ensure the health and safety of workers under their direct supervision.

What is NOT HarassmentO Bill 14 is very clear on what is not harassment

or bullying under the act – it is NOT:O Interpersonal conflict or interpersonal

relations;O Unless threatening or abusive

O Legitimate exercise of managements rightsO any reasonable action taken by an

employer or supervisor relating to the management and direction of workers or the place of employment

Address the RiskOWhen 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

OSecond is to contact HR / OH&S

Eliminate or Minimize RiskO If there is an imminent threat of

violence the Administrator will:O Contact the police immediately.O Take steps to eliminate or minimize the

risk to workers — for example, secure the premises.

O When non-imminent threats exist, employers must establish procedures, and practices to address the risk

Instructing WorkersOThere is no duty to inform all workers

O A balance must be struck between the obligation to inform and worker confidentiality

ResponseO 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

SummaryOSD61 takes all forms of bullying and

harassment seriously, including criminal harassment (stalking)

OActs of bullying, harassing and ignoring plans developed to stop the activity may in fact be crimes and may be reported to the police

Questions…