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Ontario Government Introduces Violence and Harassment Bill: Why Now?

By Heidi Croot

When Queen’s Park eventually passes Bill 168—it received its first reading on April 20—the Occupational Health and Safety Act will finally embrace another vulnerable group: people who are abused, bullied and harassed on the job.

What prompted the Ontario government to address workplace violence and harassment in the Act, which for 30 years had been silent on the topic—and why now?

For one thing, Ontario lags other provinces in requiring employers to protect their people from violence, bullying and harassment. It’s about time, say supporters.

And for another, statistics indicate that workplace violence is on the rise. The Ministry of Labour reports that between April and September 2008, inspectors visited 198 firms and issued 185 orders related to violence in the workplace. Surprised? Don’t be. It’s more prevalent than many employers think (see sidebar)—making lack of awareness the biggest threat to employee safety.

The recession doesn’t help matters. In a Canada.com article, Kevin Kelloway, a workplace violence expert at St. Mary’s University in Halifax, pointed out that the economic crisis magnifies employees’ stress and misunderstandings, and makes people more prone to violence. It’s been called the “workload wind chill factor”: the thermostat could be set at 20 degrees, but with recessionary pressures, uncertainty, fear and exhaustion, it feels like 10 below.                                                  

But perhaps the most compelling answer to the question, “why now,” is, what better time to put a safety net in place that will protect workers, reduce costs and preserve your reputation?

Where do you stand on violence prevention?

The retail and hospitality organizations interviewed for this article—all of whom designed and implemented prevention programs long before the proposed amendments to the Act appeared on the province’s radar—unanimously support the legislation. “I think it will be a wonderful advancement to have this legislation in place,” says Vishal Kaura, human resources manager, Days Hotel and Conference Centre Toronto Downtown. “And I think I can speak for the hotel industry when I say everyone will feel that way.”

“It signals government is fully committed to protecting employees,” says John Zahtila, director of health and safety for Metro Ontario Inc., a leading supermarket chain. “That’s something that has always been a priority in our company.”

Dale Sammy, director of security at InterContinental Toronto Centre, values the proposed legislation for the way it raises awareness. “Behaviours that people used to let slide won’t be accepted anywhere anymore,” says Sammy, “much less at a place where you spend your days working. I just hope it won’t be seen by employers as a ‘new thing,’ because new things get old and people drop them.”

At Days Hotel Toronto, making violence prevention part of everyday work means aligning it with the Hotel’s mission statement: Affordable peace of mind, Central to everything. “If employees are scared or intimidated,” says Kaura, “they won’t be able to deliver great service or “wow” the guests. We haven’t had any violence-related complaints since we put the policy in place—people are more respectful and tolerant of differences, communication has improved, and 90 per cent of the issues have been resolved. A violence program gives you a great return on investment.”

Sammy agrees. “The way you treat your fellow workers is the way they’ll treat customers,” he says. “Given the gravity of workplace violence, employees need to know their employer has identified behaviour it wants to eliminate, and is attacking it with such fervor that they know it won’t happen here.”

Customization and follow-through are two other keys. Zahtila says his organization’s zero-tolerance “Policy on Workplace Threats and Violence” identifies risks unique to their industry’s environment, and sets out clear prevention strategies and consequences.

Being able to sleep at night is one of the perks Kaura, Sammy and Zahtila appreciate about having an effective program in place. For these individuals, workplace violence and harassment programs align with corporate values that put people first.

With that in mind, they offer their lessons learned to your organization and your employees on how to design an effective workplace violence and harassment program.

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Ten tips from the pathfinders

• Provide strong, visible leadership from the corner office: “Senior management has been very supportive. We made the training mandatory and paid for staff to take the training.” (Days Hotel Toronto)  “You can’t do this without the backing of your HR director and general manager. And you can’t start a program from the middle outward—there has to be collaboration from administration, workers and the Joint Health & Safety Committee.” (InterContinental Toronto Centre) 

• Build a cross-functional committee: “We established a review committee comprised of key personnel from various departments—loss prevention, health and safety, labour relations, human resources and legal.” (Metro)
• Integrate your program with other corporate programs: “It needs to be infused into the very marrow of your organization. We tied it to our Winning Ways initiative—it gives people something they already know.” (InterContinental Toronto Centre) “Our violence policy opened a new door to diversity training.” (Days Hotel Toronto)
• Don’t forget third party contractor: “We instilled our core values around violence and harassment in individuals who work in our facilities on a contract basis.” (Metro)
• Breathe life into your programs: “New situations arise and any policy needs to be changed and revamped all the time to keep it up to date.” (Days Hotel Toronto)  “Remind everyone that the people being hurt aren’t numbers, they’re co-workers—and they could very well be you.” (InterContinental Toronto Centre)
• Take advantage of existing resources: “It’s surprising how much information is out there.” (Intercontinental)  “We used resources from OSSA, WSIB, MOL, and our own company to implement an effective program. And now, of course, the proposed legislation will help to clarify responsibilities.” (Metro) “The police sent us material, talked to us about how to tackle violence, and did a training seminar with staff. OSSA gave us policy guidelines, and helped us make our policy hotel-specific.” (Days Hotel Toronto) 
• Build employee trust in the process: “Metro employees are assured that each known incident of workplace violence will be investigated and decisive and appropriate action will be initiated.” (Metro)
• Focus on the big picture: “The recession is not here to stay. Your investment shows you care, gives employees a sense of security and safety, and saves costs you might otherwise incur if something were to go wrong.” (Days Hotel Toronto)
• Walk a mile in employees’ shoes: “An employee survey immediately involves everyone. We had a 50% return rate, and the results varied from shift to shift. We found out what we had to work on immediately, and we turned the statistics into a pie graph: a picture painted of our work environment. That’s when people started to pay attention.” (InterContinental Toronto Centre)

• Approach the challenge in bite-sized pieces: “The thought of conducting assessments in hundreds of locations can be daunting. But if we can do it, it’s possible to do. Large organizations need to follow a structured format, and use the resources that are out there.” (Metro)

Check out these highlights from Bill 168

Employers will be happy to know the amendment does not micro-manage. Rather it sets out general obligations for employers, supervisors and workers, allowing you to customize solutions to meet your unique needs. The proposed legislation:  

• Defines workplace violence as a physical act (or attempt at a physical act) that causes (or could cause) physical injury to a worker;
• Defines workplace harassment as comments or conduct against a worker that are known (or ought reasonably to be known) to be unwelcome;
• Requires employers with five or more employees to develop two written policies—one for workplace violence, the other for workplace harassment—and supporting programs;
• Requires employers to take precautions related to domestic violence that could spill into the workplace;
• Gives workers the right to refuse work if workplace violence is likely to endanger their well-being.

Do you know the four sources of workplace violence?

If you think workplace violence means just one thing—robberies—it’s time for a wake-up call. Cheryl Edwards, champion of occupational health and safety law, and partner at the law firm of Heenan Blaikie, identifies four different categories of workplace violence and harassment. Which are relevant to your firm?

• External: a worker is robbed at gunpoint;
• Customers and clients: a worker is injured or harassed by a customer or client, or when intervening in an altercation between customers;
• Other workers: a worker is injured or harassed by another worker, or as a result of domestic violence that spills into the workplace;
• Organizational: a culture in the workplace that allows the abuse of a worker or a group of workers to take place; e.g. bullying.

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Know who’s most at risk

Several work activities put staff more at risk of workplace violence than others; these include handling cash; looking after valuables; working with the public; working alone or with just a few people; working where alcohol is being consumed; and working late nights or very early mornings. Sounds a lot like the service sector, doesn’t it? Roles worth looking at twice include:

• Hotel staff who clean bedrooms
• Fast-food servers
• Convenience store clerks
• Office workers who work late
• Gas station attendants
• Restaurant staff who close up at night
• Staff who handle cash
• And…youth!

Why youth? While every employee is at risk of workplace violence, no group is more so than young workers, who are prone to being heroes, convinced of their invincibility, and eager to please their supervisors. Channel some of your efforts here.

Scan your community

Another way to customize your workplace violence program and eliminate surprises is to know your neighbourhood:

• What kind of people live and work in the neighbourhood?
• What kind of workers do you hire; e.g. do you need strategies for young workers whose ipods make them deaf to danger?
• What kind of customers do you serve, and what are their stresses and strains?
• What processes are performed alone?
• What violent incidents and threats have occurred in the last five years?
• What risks have staff themselves identified?

The nugget in the list is the last one. Staff often see more, hear more, know more about risk factors than managers do—and if you ask, they’ll tell you. Download a free copy of OSSA’s “Employee Risk Assessment” on workplace violence under “Resources” at ossa.com.  

Take four steps to address workplace violence hazards

 A.  Provide regular, updated training

Do your staff know how to:

• Quickly recognize violent situations?
• Respond to and defuse aggressive people and situations?

B.  Communicate, communicate, communicate

Do managers and supervisors:

• Help prevent build-up of tension and frustration of workers who may be experiencing a great deal of change in the workplace by holding regular, open information sessions and meetings?
• Debrief with workers after a violence-related incident, as well as provide counseling and support?

Pretending it’s not happening is a bad strategy. Employees will be  more attracted to companies that have robust orientation and training in place and talk openly.

C.  Design the workplace to reduce risk

Does your organization:

• Design the workplace and job-specific features to discourage risk of a violent incident (e.g. trimming the shrubbery; taking the garbage out before dark; installing security cameras; keeping the facility well lit; introducing a buddy system; reducing the amount of cash on hand; making security checks part of the shift). Some of your best ideas will come from staff: ask what makes them feel uneasy on the job.

D.  Develop a best practices policy

Does your organization’s policy address the ten best practices of an effective violence prevention policy?

• Does it include definitions; refer to applicable legislation; define consequences; outline prevention measures; address reporting; outline a procedure for investigating complaints; address communication with workers; provide support services to victims of violence; train employees; and require regular reviews of the policy?

The Ontario Service Safety Alliance (OSSA) is your WSIB-approved provider of health and safety solutions, and your trusted advisor in developing a workplace violence prevention program for your organization that aligns with Bill 168. Call OSSA at 1-888-478-6772 or email info@ossa.com.

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