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HomeMy WebLinkAbout10 030 Workplace Violence & Harassment Policy By-Law• • • • THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW NO. 2010 — 030 A BY -LAW TO ADOPT A POLICY WITH RESPECT TO VIOLENCE AND HARASSMENT IN THE WORKPLACE WHEREAS the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, dictates the duties of employers regarding occupational health services in the workplace; AND WHEREAS Bill 168, an amendment to the Occupational Health and Safety Act, requires employers in the Province of Ontario with five or more employees, to have a Workplace Violence & Harassment Policy in place by June 14, 2010; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Workplace Violence & Harassment Policy attached hereto as Schedule "A ", and forming part of the by -law, be adopted. 2. This By -law shall come into full force and effect upon its final passage. 3. This By -law may be cited as the "Workplace Violence & Harassment Policy By -law ". READ a FIRST and SECOND TIME this 17 day of March, 2010 READ a THIRD TIME and FINALLY PASSED this 17 day of March, 2010 j c'1'A.t J bY —l�C 051V Clerk 3 Clerk • POLICY NO.: SECTION: TITLE /SUBJECT: ADOPTED DATE: REVISION DATE: POLICY GG.6.5 GENERAL GOVERNMENT — PERSONNEL WORKPLACE VIOLENCE & HARRASSMENT Purpose The Municipality of Kincardine is committed to building and preserving a safe working environment for its employees. In pursuit of this goal, the Municipality of Kincardine does not condone and will not tolerate acts of harassment and /or violence against or by any Councillor, municipal volunteer, staff person or citizen. This policy prohibits physical or verbal threats, with or without the use of weapon, intimidation, or violence in the workplace to minimize risk of injury or harm resulting from violence. Definitions 1. Harassment — Harassment is defined as a course of vexatious comment or conduct against a person in the workplace that is known or ought reasonably to be known to be unwelcome. 2. Violence — Violence is defined as the exercise of physical force by a person against a person in the workplace that causes or could cause physical injury to a worker or an attempt to exercise physical force against a person in a workplace that could cause physical injury to a person, or a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the person in a workplace, that could cause physical injury to the person. 3. Threats — Threats of violence or harassment are considered serious and will be treated accordingly. Threatening behaviour includes, but is not limited to: throwing objects at another person; verbal prediction of harm directed towards another individual or his /her property; making threatening or menacing gestures; obsessive behaviour; any such behaviour indicating that the individual is irrational or mentally ill and poses a danger to him /herself or others; escalation of unacceptable behaviour within the workplace. 4. Weapons — The following items are considered weapons and are strictly prohibited in the workplace: • Firearms such as pistols, revolvers, shotguns, rifles, and so on • Dangerous knives not required for the performance of job duties • Any explosive devices not required for the performance of job duties • Sling shots, baseball bats, clubs, or blunt object • Metal knuckles • Air uns, pellet guns, and blow g p g guns g • Any replica of the above items • Any other item that could be used to inflict injury upon another individual. Policy and Procedures All persons are prohibited from engaging in any violent or harassing behaviour towards others. Any physical, verbal, or visual act — with or without a weapon, as defined above — that threatens, intimidates, creates fear, or has the purpose of interfering with an employee's job duties, or similarly creates an intimidating, hostile, or offensive work environment, is forbidden. 1. Supervisors, Managers, Senior Managers or the Human Resources Department will take immediate action to resolve any situation that involves harassment or violent behaviour. This includes, but is not limited to, calling 911 for immediate police assistance. 2. Incidents that constitute criminal acts will be referred to the Ontario Provincial Police. 3. Complainants are encouraged to file a complaint immediately after an alleged incident of harassment or violence. Nevertheless, the Municipality of Kincardine is aware that such a timely response may not always be possible, due to humiliation or fear. Individuals who believe that they have experienced harassment or violence should lodge a complaint within 15 days following an alleged incident. Under extreme circumstances, this timeline may be extended to 30 days at the request of the complainant; however, it is the responsibility of the complainant to provide good reasons for this extension. 4. Representatives from both the Joint Health and Safety Committee and Human Resources Department, will develop and annually review a workplace violence risk assessment for the Corporation through a review of internal workplace design and work practices. 5. The Municipal Council will review this policy on an annual basis. 6. The Human Resources Department promises to assist employees Supervisors, Managers and Senior Managers in investigating and preparing documentation for acts and incidences of harassment or violent behaviour. 7 This policy encourages employees to freely express their thoughts, opinions, and feelings regarding harassment or violence complaints. In no case shall any employee who reports threats or acts of violence be retaliated against through disciplinary action. Any acts of retaliation must be reported immediately to the Human Resources Department. 8. Should an employee be harassed or threatened by an individual from outside the workplace, and have reason to believe this person may harm them in any way, the employee should report concerns to his or her supervisor. 9. Should an employee have a legal court order (e.g. restraining order, or "no- contact" order) against another individual, the employee may be required to notify his or her supervisor, and to supply a copy of that order to the Human Resources Department. This will likely be required in instances where the employee strongly feels that the aggressor may attempt to contact that employee at the Municipality of Kincardine, in direct violation of the court order. Such information shall be kept confidential. 10. If any visitor to the Municipality of Kincardine workplace is seen with a weapon (or is known to possess one), makes a verbal threat or assault against an employee or another individual, employee witnesses are required to immediately contact the police, EMS, their immediate supervisor, and the Human Resources Department. 11. All records of harassment and violence reports, and subsequent investigations, are considered confidential and will not be disclosed to anyone except to the extent required by law. The Municipality of Kincardine will do everything it can to protect the privacy of the individuals involved and to ensure that complainants and respondents are treated fairly and respectfully. The Municipality of Kincardine will protect this privacy so long as doing so remains consistent with the enforcement of this policy and adherence to the law. 12. Respecting the confidential nature of a violent incident, the Municipality of Kincardine will ensure that any acts of violence are reviewed on a case by case basis and corrective measures developed to mitigate the risk of a repeat incident. 13. This Workplace Violence and Harassment Policy must never be used to bring fraudulent or malicious complaints. Any complaint made in bad faith, if demonstrated as being such through convincing evidence, will result in disciplinary action being taken against the individual lodging the fraudulent or malicious complaint. 14. In cases where criminal proceedings are forthcoming, the Municipality of Kincardine will assist police agencies, attorneys, insurance companies, and courts to the fullest extent. 15. Disciplinary or corrective action may be taken, up to and including suspension of duties or termination of employment, for any serious violations of this policy. 16. This Policy, once adopted by Council, will follow the complaint procedure contained in the Harassment Policy contained in the Tripartite Agreement # 2010 — 004. 17. In the event that these two policies conflict, this policy shall be used in favour of By -law 2010 — 004. Acknowledgement & Agreement I, , acknowledge that I have read and understand the Workplace Violence and Harassment Policy of the Municipality of Kincardine. I agree to adhere to this policy and will ensure that employees working under my direction adhere to this policy. Name: Signature: Date: Witness: