Corporate Services and Economic Development Committee
Comité des services
organisationnels et du développement économique
Submitted by/Soumis par : Steve
Kanellakos, Deputy City Manager/Directeur municipal adjoint, City
Operations/Opérations municipales
Contact
Person/Personne ressource : Catherine Frederick, Director, Human Resources
Directrice, Ressources humaines
(613) 580-2424 x 12752, Catherine.Frederick@ottawa.ca
That the Corporate Services and Economic Development Committee receive this report for information.
Que le Comite des services organisationnels et du
développement économique prend connaissance du present rapport.
On December 9th, 2009, the Ontario Legislature passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009. The new legislation brings significant changes to Ontario's occupational health and safety scheme and was prompted by recognition of the need for more fulsome protection of employees. High-profile incidents, such as the murder-suicide incident at a Windsor hospital in November 2005, also prompted new requirements on employers to address potential domestic violence in the workplace.
Though the requirement on all
employers to have in place policies to address violence and harassment in their
workplaces is in effect only as of June 15th of this year, the City
of Ottawa has had policies on workplace violence and harassment for some time.
The Violence in the Workplace Policy
and Workplace Harassment Policy were
adopted by the City January 10th, 2003, and December 5th,
2003, respectively and have since undergone review and revision. As a result,
the City is well-positioned for when the changes to the Occupational Health and Safety Act take effect in June, as these
policies already address the majority of the requirements of Bill 168.
In addition to the stated policy
requirements, Bill 168 also requires all provincially-regulated
employers, including municipalities, to develop programs for implementing their
workplace harassment and violence policies. At a minimum, these policies and
programs must include:
·
measures and
procedures for workers to report incidents of workplace violence and
harassment;
·
information on
how the employer will investigate and deal with such reports; and
·
measures for
providing workers with information and instruction that is appropriate for the
worker on the contents of the policies and programs.
More
specifically, the workplace violence program must also address:
·
a process for
assessing the risks of workplace violence that may arise in the workplace;
·
measures and
procedures for controlling the identified risks; and
·
measures and
procedures for summoning immediate assistance when workplace violence occurs,
or is likely to occur.
One of the most widely-discussed changes contained in Bill 168 is a new requirement on employers to take every reasonable precaution to protect an employee where the employer is aware, or ought to have been aware, that the employee is at risk of domestic violence in the workplace. As meeting this obligation may require the disclosure of personal information about an individual with a history of violence that poses a risk in the workplace, the City's obligations under Bill 168 will need to be balanced with its duty to protect the privacy of personal information under the Municipal Freedom of Information and Protection of Privacy Act.
Although
the City of Ottawa has had policies on Violence in the Workplace and Workplace
Harassment in place since 2003, the enactment of Bill 168 provides an
opportunity to review the adequacy and effectiveness of those existing policies
and to implement a comprehensive program to raise awareness of the importance
of preventing workplace violence and harassment. As part of this initiative, a
team made up of representatives from Occupational Health and Safety, EAP,
Diversity and Employment Equity and Corporate Security began work in January of
this year to conduct a review of the existing policies to ensure that they
conform to the requirements of Bill 168. This work, along with the preparation
and review of potential policy changes, has been continued through both a Bill
168 Steering Committee, as well as a broader Bill 168 Working Group, each made
up of staff from across the organization, including representatives from Occupational
Health and Safety, Corporate Security, Legal Services and Labour Relations,
Corporate Risk Management, Transit Services, City Operations, Infrastructure
Services and Community Sustainability, Resourcing and Talent Management, MFIPPA
and Communications.
In
addition to internal stakeholders, the City has also consulted with
representatives of the various bargaining units. Consultation with the unions
and the Occupational Health and Safety Committees will be ongoing part of a
collaborative approach to the the implementation of the City's overall
workplace violence and harassment strategy, including the assessment of the
risks and threats facing employees at work and of the strategies available to
mitigate those risks.
With the finalization of the City's revised Workplace Violence and Harassment Policies, staff will be moving to put in place comprehensive programs for the implementation of those policies. One of the aims of this work will be to integrate these revised policies with the City's Corporate Security Policy and the work that has been ongoing in this area, including threat and risk assessments for City facilities and work functions. These assessments are intended to identify both risks as well as to evaluate the variety of strategies available to mitigate those risks. Depending on the situation, appropriate risk mitigation strategies may range from employee training and awareness to technological solutions. Through its existing Integrated Security Management System, the City has available a wide range of options to enhance the security of its employees and to address site-specific security concerns.
There are no specific rural implications associated with this report.
Recognizing that workplace safety and security issues affect all employees, the City has consulted with representatives of the various bargaining agents representing City staff on its revised Violence in the Workplace Policy and Workplace Harassment Policy. Consultation with internal stakeholders through the Steering Committee and Working Group, as well as with the bargaining agents and Policy Health and Safety Committee (Federal workplaces) and Health and Safety Advisory Committee (Provincial workplaces), will be an ongoing part of the implementation of programs to give effect to these important policies.
As these are internal policies, public consultation was not required.
Not applicable as this is a city-wide report.
The City of Ottawa's Violence in the Workplace and Workplace Harassment policies serve to fulfill the municipality's statutory obligations under Bill 168 and also to demonstrate the City's commitment to ensuring the safety and security of its employees. The ongoing efforts to bring together the City's occupational health and safety and corporate security policies will also ensure that the municipality meets its obligations under the revised Occupational Health and Safety Act to periodically reassess the risks of workplace violence to ensure that its policies and programs continue to protect workers.
While costs associated with such items as staff training and communications can likely be accommodated within existing budgets, the requirements of more comprehensive security measures (implementation of technological solutions, facility redesign, etc.) would need to be addressed in future operating and/or capital budgets.
Document 1 - Violence in the
Workplace Policy
Document 2 - Workplace Harassment Policy
On receipt of this report by Committee and Council, staff will continue with implementation of the City's comprehesive workplace violence and harassment policies and programs, as outlined in the report.
Document 1
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Policy Statement The City of Ottawa strives to create a work environment governed by respect and regard for the rights and safety of all, where employees can work free from violence. |
Purpose The purpose of this policy is to foster a healthy
and safe workplace through minimizing the possibility of violent incidents
occurring in the City's workplaces and to ensure that, should such incidents
occur, they are managed appropriately. |
Application This policy applies to all City of Ottawa
workplaces. For the purposes of this
policy, this includes any land, premises, location or thing at, upon, in or
near which a City of Ottawa worker works. |
Policy Requirements The City will not tolerate violence
directed at employees by members of the public, between employees or by an
employee towards a member of the public. The City will take all reasonable
precautions to minimize the occurrence of violence in the work environment
and will ensure that employees and their supervisors manage any such
occurrences appropriately. The following activities are required to
identify the potential for workplace violence and to ensure appropriate
response:
The City will promptly investigate all
allegations of workplace violence and will take appropriate steps which may
include disciplinary sanctions to resolve all substantiated instances of
workplace violence. Employees are
encouraged to report all incidents of workplace violence to their supervisors
or to an appropriate manager. No employee will be disciplined for making
a report in good faith about an allegation of workplace violence, nor will
the City tolerate any retaliation against an employee who has made such a
report or participated in an investigation.
However, an employee making false accusations will be disciplined. Every employee who has made a report of
workplace violence may seek assistance from his/her union and nothing in this
policy is intended to prevent an employee from exercising his or her rights
under the Collective Agreement or otherwise under the law. |
Responsibilities City of Ottawa management has a
responsibility to strive to maintain a workplace that is free from violence
by assessing the risks of violence in the workplace, taking measures to
control the risks, and implementing procedures for reporting, responding to
and investigating incidents and complaints of workplace violence. This obligation extends to ensuring that
all employees are aware of their rights and obligations under this Policy and
the Occupational Health and Safety Act. All employees have a responsibility to
respect the rights, health and safety of their co-workers and clients, to
observe the City’s policies and Code of
Conduct and cooperate in the investigation of allegations of workplace
violence. Employees also have the
responsibility to not engage in any form of workplace violence; report all
incidents of workplace violence to their manager/supervisor; and report
anything of a criminal nature they witness/encounter to the Ottawa Police
Service. |
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References Discipline policy and procedures |
legislative & administrative
authorities Canada Labour Code DEFINITIONS |
Workplace Violence: Workplace violence means: ·
the
exercise of physical force by a person against a worker, in a workplace, that
causes or could cause physical injury to the worker, ·
an
attempt to exercise physical force against a worker, in a workplace, that
could cause physical injury to a worker, ·
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. |
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Enquiries Enquiries are to be directed to: Corporate Security, |
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Document 2
Approved By |
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Approval Date |
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Effective Date |
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Subsection |
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Revision Date |
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POLICY STATEMENT The City of Ottawa strives to create a work environment governed by respect and regard for the rights and dignity of all, where employees can work free from harassment. Purpose The purpose of this policy is to foster a
respectful workplace through the prevention and prompt resolution of workplace
harassment. |
Application This policy applies to all City of Ottawa workplaces. For the purposes of this policy, this includes any land, premises, location or thing at, upon, in or near which a worker works. |
Policy Requirements The City of Ottawa prohibits harassment from
anyone in the workplace. In accordance
with the Ontario Occupational Health
and Safety Act, workplace harassment means 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.
Workplace harassment also includes harassment based on any of the
grounds set out in either the Ontario
Human Rights Code or Canadian Human
Rights Act, depending on the workplace. “Workplace harassment” does not include:
The City will promptly investigate all
allegations of workplace harassment and will take appropriate steps which may
include disciplinary sanctions to resolve all substantiated instances of
workplace harassment. Employees are encouraged to report all
incidents of workplace harassment to their supervisors or to an appropriate
manager. No employee will be disciplined for making
a report in good faith about an allegation of workplace harassment, nor will
the City tolerate any retaliation against an employee who has made such a
report or participated in an investigation.
However, an employee making false accusations will be disciplined. Every employee who has made a report of
workplace harassment may seek assistance from his/her union and nothing in
this policy is intended to prevent an employee from exercising his or her
rights under the Collective Agreement or otherwise under the law. Responsibilities City of Ottawa management has a
responsibility to maintain a workplace that is free from harassment, to
promptly investigate all allegations of workplace harassment and to take
appropriate action to address any substantiated instances of workplace
harassment. This obligation extends to
ensuring that all employees are aware of their rights and obligations under
this Policy and the Occupational Health
and Safety Act. All employees have a responsibility to
respect the rights and dignity of their co-workers, to observe the City’s
policies and Code of Conduct and
cooperate in the investigation of allegations of workplace harassment. |
References Collective Agreements |
legislative & administrative authorities Occupational
Health and Safety Act Canada Labour Code Canadian Human Rights Act |
Enquiries For more information on this policy,
contact: Human Resources Department |
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