EFFECTIVE DATE: February 1, 2010
- Appendix A – Hazards or Complaint Form
This Policy seeks to prevent Work Place Violence (“WPV”), as prescribed by the requirements under Part XX of the Regulations entitled Violence Prevention in the Work Place, Canada Labour Code, Part II (“Regulations”).
These Regulations have defined WPV to include:
“any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee”.
All CBC/Radio-Canada employees.
For unionized employees, any additional requirements contained in the applicable collective agreements shall be respected.
Note: The “Investigation Process” section of this Policy does not apply in the event that the WPV:
- was caused by a non-employee,
- was reasonably considered to be a normal condition of employment, and
- could be addressed by effective procedures and controls put in place by the CBC/Radio-Canada, such as the Hostile Environment Guidelines.
The CBC/Radio-Canada is committed to:
- Provide a safe, healthy and violence-free work place;
- Dedicate sufficient attention, resources and time to address factors that contribute to WPV as well as to prevent and protect against WPV;
- Communicate to its employees information in its possession about factors contributing to WPV; and
- Assist employees who have been exposed to WPV.
All CBC/Radio-Canada employees, including managers with supervisory responsibilities, local/regional Human Resources (“HR”) Representative, the national Policy (Health & Safety) Committee and the local Work Place (Health & Safety) Committee.
- Canada Labour Code, Part II
- Part XX-Violence Prevention in the Work Place, Regulation 86-304- Canada Occupational Health and Safety Regulations
- Policy (Health & Safety) Committee Terms of Reference and Rules of Procedure
- Policy 2.2.18 – Crisis Management
- Policy 2.2.15 – Anti-Discrimination and Harassment
- Guidelines Criminal Harassment/Stalking
- Hostile Environment Guidelines
New. Does not replace any prior CBC/Radio-Canada policy.
1. No employee shall subject any other person to WPV or any conduct known to contribute to WPV. Engaging in WPV or in conduct known to contribute to WPV is strictly prohibited and shall not be tolerated under any circumstances.
2. Examples of this prohibited conduct include, but are not limited to:
a.Physical Attacks: hitting, pushing, kicking, punching or otherwise physically assaulting someone.
b.Threatening behaviour: physical intimidation (shaking fists), throwing objects, property destruction, possessing a prohibited dangerous weapon or other anger-related acts.
c.Conduct Contributing to WPV: bullying, harmful teasing, abusive and other aggressive behaviour. If it is determined that an employee has engaged in this prohibited conduct listed above, this employee will be subject to disciplinary action appropriate to the severity of the incident, up to and including the immediate termination of employment.
3. If it is determined that an employee has engaged in this prohibited conduct listed above, this employee will be subject to disciplinary action appropriate to the severity of the incident, up to and including the immediate termination of employment.
THE SCOPE OF THIS POLICY
- The scope of this Policy is limited to the prohibited conduct listed above occurring in the course of employment over which the CBC/Radio-Canada has control.
- This Policy applies irrespective of whether the WPV:
- is caused by an employee or non-employee, and
- originates in the work place and carries over to an employee's personal life or vice versa.
- "Work place" is defined in the Regulations to mean “any place where an employee is engaged in work for the employee’s employer” and includes:
- Any location where an employee is providing a service under the CBC/Radio-Canada's direction; and
- Any mode of transportation (i.e. train or plane) where the employee is required to travel in the course of business.
- Specific circumstances must be carefully considered in determining work-relatedness (i.e: an employee working on his/her blackberry on the weekend and receives a threatening email from another employee).
- Conduct involving criminal harassment (stalking) as well as discriminatory or sexual harassment should also be reported in accordance with the CBC/Radio-Canada's Policy 2.2.15: Anti-Discrimination and Harassment and Guidelines on Criminal Harassment/Stalking.
- For employees who are assigned to an area where there may be a known or suspected hostile environment, please refer to the CBC/Radio-Canada’s Hostile Environment Guidelines for additional guidance.
1.The CBC/Radio-Canada will carry out its obligations as required by the Regulations. These obligations shall be carried out in consultation with and the participation of the national Policy (Health & Safety) Committee, a joint union and management committee, whose duties include addressing health and safety matters that apply to the CBC/Radio-Canada.
2. These obligations require the CBC/Radio-Canada to:
- Review and update this Policy at least every three (3) years (with date of last review indicated on the Policy).
- Identify all factors that contribute to WPV within the CBC/Radio-Canada.
- Assess the potential for WPV using the factors identified as contributing to WPV.
- Develop and implement systematic controls to eliminate or minimize WPV or a risk of WPV, to the extent reasonably practicable and no later than 90 days after the risk of WPV has been assessed.
- Establish procedures for appropriate follow-up maintenance and corrective measures, including measures to promptly respond to unforeseen risks of WPV.
- Review the effectiveness of these prevention measures and update them whenever there is a change that compromises their effectiveness, but at least every 3 years.
- Provide education and training to employees on the factors that contribute to WPV that are appropriate to the work place of each employee who is exposed to WPV or a risk of WPV.
- Ensure that this education and training be provided:
- Before an employee is assigned to any new activity with a risk of WPV;
- When new information on WPV becomes available; and
- At least every 3 years.
- Review and update this education and training at least every 3 years and when:
- There is a change in respect to the risk of WPV; or
- New information on WPV becomes available.
RESPONSIBILITIES OF EMPLOYEES
CBC/Radio-Canada employees have the following responsibilities to:
- Report any incidents of WPV, experienced or observed, to their immediate manager;
- Report any factors not yet identified as contributing to WPV to their immediate manager; and
- Cooperate in the investigation process and the resolution of WPV incident.
RESPONSIBITILITIES OF MANAGEMENT
CBC/Radio-Canada managers have the following responsibilities to:
- Promote a violence-free work place, which includes developing work place arrangements that minimize WPV;
- Ensure this Policy is explained to all employees that they manage and ensure that this Policy is posted and accessible;
- Report any incidents of WPV to local/regional HR representative;
- Resolve WPV to the best of its ability and, if it cannot be resolved, have a competent person conduct an investigation which shall include recommendations for corrective action; and
- Provide support for employees affected by WPV.
The CBC/Radio-Canada will protect any employee from retaliation who, in good faith, raises a concern in accordance with this Policy. In other words, employees will not be penalized or disciplined for making a complaint in good faith.
However, intentional false or frivolous complaints will not be tolerated and will be subject to disciplinary action.
THE INTERNAL COMPLAINT PROCEDURE
- All employees must, where appropriate, inform the person inflicting the behaviour that it is unwanted/unwelcome behaviour.
- All employees must report to their immediate manager any WPV or risk of WPV that they either witness or experience:
- If the complaint involves their direct manager, then they must report to the local/regional HR representative.
- Foreign Correspondents must report any incidents directly to their assignment desk, as per the Hostile Environment Guidelines.
- All employees must complete a Hazards or Complaint Form, thereby ensuring that all events, including time, date and names are properly documented.
- This immediate manager will then immediately contact their local/regional HR representative, who will attempt to resolve this incident internally between the parties as soon as possible.
- The HR representative, the local/regional Security (Operations & Security Management, Real Estate Services) (“Security”) or, if not possible, the immediate manager shall report all WPV incidents to the local police under the following three circumstances:
- Actual physical assault is involved;
- The employee(s) involved have requested it; or
- When the circumstances warrant it, which shall be assessed by the HR representative and Security on a case-by-case basis.
- If the local police are investigating an incident, the Work Place (Health & Safety) Committee, involved in addressing the local health and safety issues that apply to individual work places (“local Work Place Committee”), shall be notified of their investigation, unless such notification is prohibited by law.
- For incidents involving an emergency or imminent danger, where it is not possible to contact one's immediate manager, the employee shall:
- CALL 9-1-1 (Note: in Toronto and Montreal offices, Security will be contacted automatically when 911 is called from a CBC/Radio-Canada telephone);
- As soon as practically possible, call Security (except for the Toronto and Montreal security offices);
- Depending on the circumstances, it may be necessary to follow the Crisis Management, Policy 2.2.18.
- All employees who have witnessed or experienced WPV shall be encouraged to call the CBC/Radio-Canada’s Employee Assistance Program (EAP).
- If the incident cannot be resolved internally to the Employee’s satisfaction, then depending on the individual circumstances, the CBC/Radio-Canada shall determine whether an HR Representative (other than the employee's regional/local HR representative) or an outside, third party Investigator will be appointed to conduct an investigation to resolve this incident.
- For the purposes of conducting the investigation, the CBC/Radio-Canada shall provide this Investigator with any relevant information whose disclosure is not prohibited by law and that would not reveal the identity of the persons involved without their consent.
- This Investigator will be a “Competent Person”, within the meaning of the Regulations, and therefore means a person who:
- Is impartial and is seen by the parties to be impartial;
- Has knowledge, training and experience in issues relating to WPV; and
- Has knowledge of the relevant legislation.
- Upon completion of this investigation, the Investigator shall draft an Investigation Report, which shall include conclusions and recommendations.
- On the condition that disclosure is not prohibited by law and does not reveal the identity of persons involved without their consent, the Investigation Report will be provided to the local Work Place Committee as well as to the CBC/Radio-Canada for review.
- Based on the review of the Investigation Report, the CBC/Radio-Canada shall adapt or implement, as the case may be, controls referred to in its mandate listed above, to prevent a recurrence of the WPV.
In addition to keeping the Investigation Reports, the CBC/Radio-Canada shall also keep and make readily available for examination by a Health & Safety Officer (as designated by the Minister of Labour), written or electronic records of findings following the review of WPV prevention measures for a period of three (3) years.
The CBC/Radio-Canada shall create signed records (written or electronic) of all the education and training provided to each employee.
These signed records shall be retained for a period of two (2) years after the date the employee ceases to perform an activity with a risk of WPV.
CONFIDENTIALITY AND PROTECTION OF PRIVACY
Confidentiality is needed to properly investigate a WPV incident and to offer proper support to those adversely affected. Failure to respect privacy and confidentiality could compromise an investigation making it less effective.
The CBC/Radio-Canada, when consulting with the local Work Place Committee shall not disclose information whose disclosure is prohibited by law or could reasonably be expected to threaten the safety of individuals.
Further, the CBC/Radio-Canada and the Investigator shall not disclose the circumstances surrounding the incident nor identity of the individual who raised the incident, unless disclosure is necessary for the purposes of conducting the investigation, resolving the WPV, obtaining legal advice or otherwise required by law.