Policy Number:                    Policy Subject:

 

CR-13                           WORKPLACE VIOLENCE AND HARASSMENT PREVENTION

 

LEGISLATIVE REFERENCE / AUTHORITY

Authorities:

§  Ontario Occupational Health and Safety Act

§  Ontario Police Services Act, Regulation 123/98, Ministry Standard AI-003

§  Ontario Human Rights Code

References:

§  Ontario Human Rights Code

§  Municipal Freedom of Information and Protection of Privacy Act

§  Board Policy CR-1: Positive Workplace

§  Board Policy AI-003: Equal Opportunity, Discrimination and Workplace Harassment Prevention

DATE APPROVED

31 May 2010

DATE AMENDED

 

DATE TO BE REVIEWED

2015

REPORTING REQUIREMENT

Annual reporting

 

LEGISLATIVE REFERENCE / AUTHORITY

 

·                Bill 168, an Act to amend the Occupational Health and Safety Act, became law in December 2009, with an implementation date of 15 June 2010.  The Bill made legislative amendments to the Occupational Health and Safety Act to further protect workers from violence and harassment in the workplace. 

 

·                Ontario Ministry of Community Safety and Correctional Services Standard AI-003 – Equal Opportunity, Discrimination and Workplace Harassment Prevention, requires procedures on responding to and preventing discrimination and harassment in the workplace. (See Board Policy AI-003 in Chapter 4 of Board Policy Manual.)

 

·         Subsection 5(2) of the Ontario Human Rights Code states, “Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability.”

 

·            Subsection 7(2) of the Ontario Human Rights Code states, “Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee.” 

 

·                Any management response to allegations related to this policy against sworn members of the police service must adhere to the procedural requirements of Part V of the Police Services Act, and to Regulation 123/98.

 

 

BOARD POLICY

 

PURPOSE

 

The Ottawa Police Services Board is committed to providing a safe and healthy work environment for its employees and for the members of the Ottawa Police Service, and is committed to the prevention of workplace harassment and violence.  The Board recognizes that unwanted behaviours in the workplace must be addressed early to minimize the potential for workplace harassment and/or workplace violence.  Workplace violence and harassment are serious conduct matters that may constitute a violation of Canada’s Criminal Code, the Ontario Human Rights Code or the Occupational Health and Safety Act.

 

This policy was created to provide direction to the Board and to the Chief of Police to ensure continued compliance with Ontario’s Human Rights Code and Occupational Health and Safety Act, as amended by Bill 168. 

 

DEFINITIONS

 

For the purposes of this policy, the following definitions shall apply:

 

1.             Workplace Harassment as prescribed by the Ontario Occupational Health and Safety Act 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 may be, but is not limited to, an action or behaviour related to prohibited grounds of discrimination under the Ontario Human Rights Code. 

 

2.             Workplace Violence means:

 

(i)        The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker.

(ii)       An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker.

(iii)      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.

 

3.             Prohibited Grounds under the Ontario Human Rights Code are: race, creed, colour, ancestry, place of origin, ethnic origin, language or dialect spoken, citizenship, sex, sexual orientation, age, marital status, family status, physical or mental disability.

 

4.             Member means all employees of the Ottawa Police Service including temporary, contract, part-time staff and volunteers.

 

5.             Workplace means any and all locations where business or social activities of the Police Service are conducted, including external training facilities such as the Ontario Police College. 

 

 

A.        WORKPLACE VIOLENCE AND HARASSMENT PREVENTION POLICY

 

The Chief of Police shall:

 

1.    Take all reasonable steps to protect members from workplace harassment or violence.

2.    Develop and implement a written workplace violence and workplace harassment prevention policy and shall review the policy annually.

3.    Ensure that the policy is posted in a conspicuous place in the workplace.

4.    Ensure that the members of the organization are educated with respect to the policy.

5.    Ensure that the right to refuse work is subject to section 43(1) and 43(2)(a) of the Ontario Occupational Health and Safety Act, which stipulates that anyone employed in a police service cannot assert the right to refuse work when the particular job or task is:  inherent in the employee’s work; is a normal condition of the member’s employment; or when a refusal to work would directly endanger the life, health or safety of another person. 

 

B.        WORKPLACE VIOLENCE AND HARASSMENT PREVENTION PROGRAM

The Chief of Police shall:

1.    Develop and maintain a program to implement the policy with respect to workplace violence and harassment prevention as prescribed by law.

2.    Provide members with appropriate information and training on the contents of the workplace violence and harassment prevention policy and program.

3.    Ensure that members with supervisory responsibilities are held accountable for promoting and implementing available health and safety programs, for complying with the Occupational Health and Safety Act, and for ensuring that workplaces under their supervision are maintained in a healthy and safe condition.

 

C.        WORKPLACE VIOLENCE – ASSESSMENT OF RISKS

The Chief of Police shall:

1.    Ensure that a workplace violence risk assessment is undertaken.  This assessment shall consider the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.

2.    Ensure that the results of the workplace violence risk assessment are provided to the Occupational Health and Safety Committee.

3.    Reassess the risks of workplace violence as often as is necessary, and at a minimum on an annual basis, to ensure that the related policy and program continue to protect workers from workplace violence.

 

D.        DOMESTIC VIOLENCE

The Chief of Police shall take every precaution reasonable in the circumstances for the protection of a member if a person in authority becomes aware, or ought reasonably to be aware, of domestic violence that would likely expose a worker to physical injury that may occur in the workplace. 

 

E.        DISCLOSURE OF PERSONAL INFORMATION

The Chief of Police shall ensure that the disclosure of personal information related to a risk of workplace violence takes into consideration the requirements of both the Occupational Health and Safety Act and the Municipal Freedom and Protection of Privacy Act.

 

MONITORING REQUIREMENTS

 

The Chief of Police shall:

1.         On an annual basis, review the Police Service’s workplace violence and harassment prevention policy.

2.         On no less than an annual basis, reassess the risks of workplace violence to ensure that the related policy and program continue to protect workers from workplace violence.

3.         During each business cycle, assess the effectiveness of the Police Service’s Workplace Violence and Harassment Prevention Program. 

 

REPORTING REQUIREMENTS

 

1.         On an annual basis, the Chief of Police shall report on the effectiveness of the Police Service’s Workplace Violence and Harassment Prevention Program as part of the annual report on Board Policy CR-1 on Positive Workplace.

 

2.         Any incidents where a person is killed, critically injured, or disabled from performing his or her usual work because of workplace violence shall be reported to the Joint Health and Safety Committee, a Health and Safety representative, and the applicable police association.