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What Has Domestic Violence Got to Do with Work?

Bill 168 requires employers to protect employees who are at risk

One critical sentence in the new violence and harassment legislation could surprise employers. It addresses the obligation of organizations to protect workers at risk of domestic violence in the workplace.

While the new requirement shares broad performance standards rather than specifics, the intent is clear. Employers are being required to take action that protects individuals at risk from a hazard many have not associated with the workplace. They are also being given the flexibility to identify and implement preventative measures appropriate to the situation and workplace culture.

This article shines a light on this important sentence in Bill 168, briefly examining why the Ministry of Labour (MOL) saw fit to include it in the first place; what is the widely accepted definition of domestic violence in the workplace ; and how can employers recognize and help people in trouble.  

What Bill 168 says about domestic violence

The specific clause in Bill 168 that addresses victims of domestic violence and will become law on June 15, 2010 reads as follows:

“If an employer becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker.”

Employers have always had a general obligation under the Occupational Health and Safety Act to take every precaution reasonable to protect workers. The amendments ensure workplaces clearly recognize that domestic violence can be a risk in the workplace. The MOL intends to further help employers comply with and interpret the new violence and harassment legislation by releasing guidelines in March 2010.

How prevalent is domestic violence

Domestic violence in the workplace is a serious and growing concern. These statistics say it all:

• Research suggests that 70 per cent of domestic violence victims are also abused at work at some point. This therefore becomes an issue in almost every organization. (Swanberg, J. & Logan, T.K., 2005; Domestic Violence and Employment: A Qualitative Study. Journal of Occupational Health Psychology. 10(1), pg 3.)
• Domestic violence in the workplace has been identified as the fastest growing type of workplace violence in Canada. (Alberta Council of Women’s Shelters, 2008)
• Between 2002 and 2007, Ontario recorded 230 domestic violence-related deaths involving 142 women, 23 children and 65 men. Women were the victims most of the time and men were the perpetrators. The majority of male deaths were perpetrator suicides. (Annual Report of the Ontario Coroner’s Domestic Violence Death Review Committee, 2008)
• The social costs of violence against women—including healthcare for victims, criminal justice, social services and lost productivity—are estimated in the billions of dollars. However, the psychological impacts on victims, their families and friends cannot be measured in dollars. (Statistics Canada 2006)

What do we mean by domestic violence in the workplace?

Generally domestic violence is thought of as happening at home, not at work. Failing to see how domestic violence can be a workplace hazard puts those who are vulnerable at even more risk, and can hurt a business’s bottom line in tangible ways.  

According to government programs in Manitoba and Alberta, domestic violence is behaviour used by one person to gain power and control over another with whom he or she has had an intimate relationship. It could include physical violence; sexual, emotional and psychological intimidation; verbal abuse; stalking; and using electronic devices to harass and control. It is also known as “personal relationship violence,” intimate partner violence” and “family violence.” 

Providing Help

The single most important first step employers can take is becoming aware that domestic violence is a potential workplace hazard, and the second is to build a culture that encourages staff to share their fears without infringing on privacy rights. In the next edition of The Regional, we will address what you should look for, how you’ll benefit from addressing workplace violence head-on, and what short and long-term preventative measures you can put in place.

The following information and resources relate to Bill 168 in general, and also provide useful guidance in addressing domestic violence.             

•  What you need to know about Bill 168:
• Bill 168, Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009
• A chart that compares what was originally in the Act, and what has changed
• A resource article that contains helpful information such as definitions, who’s at risk, types of workplace violence and harassment, etc.
• A checklist you can use immediately to help you identify violence and harassment risk areas in your workplace and what program elements you have vs. need.
•  Education and training opportunities offered in partnership with Industrial Accident Prevention Association (IAPA), where you can learn more:
• Attend Implications of Bill 168 - Ontario’s New Workplace Violence & Harassment Legislation: two-hour management briefings presented by local lawyers well versed in OHS legislation.
• Attend Preventing Violence & Harassment at Work - How to Integrate Bill 168 Requirements into your OHS Program: half-day interactive workshop.
• Attend Bill 168 sessions at Partners in Prevention Ontario: Health & Safety Conference & Trade Show, May 4-5, 2010, Mississauga, ON.

 

(To be continued. Part 2 of this article will be featured later)

For further information please call OSSA at 1-888-478-6772 email info@ossa.com or visit www.ossa.com. 

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