Report to/Rapport au :

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

20 May 2010 / le 17 mai 2010

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

City Wide/à l'échelle de la Ville

Ref N°: ACS2010-COS-HRS-0002

SUBJECT:	BILL 168 - An ACT TO AMEND THE OCCUPATIONAL HEALTH AND SAFETY ACT WITH RESPECT TO VIOLENCE AND HARASSMENT IN THE WORKPLACE AND OTHER MATTERS

OBJET :	Project de loi 168 - loi modifiant la loi sur la sante et la securite au travail en ce qui concerne la violence and le harcelement au travail et d'autres questions

REPORT RECOMMENDATION

That the Corporate Services and Economic Development Committee receive this report for information.

RECOMMANDATION DU RAPPORT

Que le Comite des services organisationnels et du développement économique prend connaissance du present rapport.

BACKGROUND

On December 9^th, 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 15^th 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 10^th, 2003, and December 5^th, 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.

DISCUSSION

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.

RURAL IMPLICATIONS

There are no specific rural implications associated with this report.

CONSULTATION

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.

COMMENTS BY THE WARD COUNCILLOR(S)

Not applicable as this is a city-wide report.

LEGAL/RISK MANAGEMENT IMPLICATIONS

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.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

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.

SUPPORTING DOCUMENTATION

Document 1 - Violence in the Workplace Policy

Document 2 - Workplace Harassment Policy

DISPOSITION

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

violence in the workplace - Policy

Approved By		Approval Date
Section		Effective Date
Subsection		Revision Date

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:

conduct of Threat and Risk Analyses (TRA) to identify areas where there is a risk of violence;
evaluation of facility design and development of work procedures to minimize exposure to violence;
informing, instructing and/or training of employees in how to recognize and respond appropriately to workplace violence;
establishment of reporting and investigation procedures, including the formation of a multi-functional case management team; and
identification of support systems for those who have experienced workplace violence.

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.

References

Discipline policy and procedures
Employee Assistance Program
Employee Incident/Accident Report Form
Occupational Health and Safety policy
Occurrence Report Form for Federally Regulated Work Places
Security Policy
Violence in the Workplace Program
Workplace Harassment Policy and Program

legislative & administrative authorities

Canada Labour Code
Criminal Code of Canada
Occupational Health and Safety Act
Human Rights 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.

Enquiries

Enquiries are to be directed to:

Corporate Security,
Integrated Public Safety Branch,
Emergency and Protective Services Department,
City Operations
Tel: 613-580-2424 ext 27401

Document 2

workplace harassment - Policy

Approved By		Approval Date
Section		Effective Date
Subsection		Revision Date

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:

appropriate direction, delegation or discipline administered by a member of management or a management designate;
a relationship of mutual consent or mutual flirtation;
stressful events encountered in the performance of legitimate job duties;
occasional disagreements or personality conflicts.

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
Discipline Policy
Code of Conduct
Employee Assistance Program
Responsible Computing Policy
Violence in the Workplace Policy and Program
Workplace Harassment Program