Keeping each other safe

Definitions

Applicable Legislation/Standards/Codes

Procedures

Workplace Violence Annual Hazard Assessment

Investigation Procedures

Investigation Report

Disclosure of Information

For Potentially Violent Students

Reporting Domestic Violence

Work Refusal

Workplace Violence- The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and a statement or behaviour that 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.

Domestic Violence- A pattern of behaviour used by one person to gain power and control over another with whom he/she has or has had an intimate relationship; pattern may include physical violence, sexual, emotional and psychological intimidation, verbal abuse, stalking and using electronic devices to harass and control. (Occupational Health and Safety Council of Ontario)

Occupational Health & Safety Act (OHSA) and

Regulations

Provincial Code of Conduct, 2000

Ontario Human Rights Code, 1990

Criminal Code of Canada

Education Act

The amount of training each employee receives will vary as it is dependent upon both administrative duties and the amount of risk to violence the employee may be exposed to. ◦ All new staff will receive online violence prevention training.

◦ Within six (6) months of hire, Vice-Principals, Social Services, PASS/SOAR staff, Educational Assistants, Special Education Resource Teachers, and Early Childhood Educators will receive the six hour Behaviour Management Systems (BMS) training every three years and a one hour BMS program review annually.

◦ Within one year of hire Principals and Managers will receive a two hour violence and BMS program review every three years. It is preferred, when feasible, Teachers, Clerical staff, St. Charles staff, Custodians, and other administrative workers will receive a one hour violence and BMS program review every three years

This six hour training course is designed to inform

educators and staff on relevant educational procedures

to deal with violence and up-to-date legislative

materials that have a direct bearing on how schools are

to interact with students.

Upon completion, staff will have received sufficient

training on behaviour management, including:

planning, observing, verbal and non-verbal cues and

behaviours, non-physical interventions, physical

behaviours, physical interventions, and debriefing for

both staff and students.

The OHSA requires the employer to annually assess the

risk of workplace violence that may arise from the

nature of the workplace, the type of work or the

conditions of work. The goal of this process is to assess

the risks, control and monitor them.

The Board will develop preventative measures and

procedures as identified or as needed to mitigate the

risk of workplace violence. Reassessments may occur

as often as necessary to identify concerns and protect

the workers.

Based on recommendations and results from the risk

assessments some of the following changes could be

implemented:

◦ extra lighting, signs, buzzers, exterior locks, changing

walkways or location of parking lots, and security cameras.

◦ security cameras, interior locks, panic buttons, and signs.

◦ staff are required to participate in the practice of proper

security procedures such as locking doors, reporting suspicious

bystanders, leaving the building in pairs, monitoring of

potential areas of violence and lockdown procedures within the

building.

The responsibility for creating and maintaining a

workplace environment in which all staff are protected

from all forms of violence, including domestic violence

is a shared responsibility between the Board,

Administration and staff.

It is the expectation of staff to immediately report to

their supervisor .The Employee Online Accident Report

must be completed by the Principal, Vice-Principal,

Manager or Supervisor with the person making the

report.

All records of complaints will be kept confidential by the Board and those Administrators that conduct the investigation.

These records will be retained in a confidential, locked, and secure file within the Human Resources Department. Information regarding students with special needs, violent incidents, and related injuries to staff and students helps the school system monitor and asses overall trends, and determine areas for improvement.

The tracking of these reports is designed to improve support for students with a history of violence as well as reducing the risks of staff or student injury. Information in these reports can contribute towards safety plans and Individual Education Plans (IEP) for the identified student.

The Principal/Supervisor must:

Take all reasonable precautions in the circumstances to

ensure workplace safety and the safety of persons who

are connected with the reported incident;

Document all measures taken;

Complete an investigation in accordance

with this procedure; and

Advise the victim of the action taken.

Principals/Supervisors will complete the following actions IMMEDIATELY after a violent event:

Control the workplace access and secure the area; Administer first aid and call emergency services for

medical assistance; If there is any question as to whether the violent act was an

assault under the Criminal Code, the police should be notified immediately. The incident scene should not be disturbed;

Consideration must be given as to whether the Board’s Crisis Response Team needs to be notified;

Complete a online accident report with the employee; and Consideration must be given as to who needs to be

immediately informed of the incident (family members, Superintendent of Education, etc.).

The Human Resources Department must:

Review the investigation findings;

Ensure confidentiality except where required by law;

Ensure the Principal implements immediate crisis response measures if reasonably required by the circumstances;

Assist with implementation of progressive discipline based on the facts;

Report the incident of violence/threat to the Joint Occupational Health and Safety Committee;

In the case of a critical injury, immediately report the incident to the Occupational Health and Safety Branch of the Ministry of Labour;

If the police have not been called, consider whether police involvement is appropriate; and

Ensure that the person reporting the incident or any person who is negatively impacted by a violent act in the workplace will not be criticized or reprimanded for having made the report.

All investigations will typically be completed by the

administrator receiving the notification; however, the

Health and Safety Manager, Respectful Workplace

Advisor and/or respective union representative may

participate in the investigation.

It should be noted that in the instance of ongoing safety

concerns pertaining to violence or the potential removal

of one party or parties from the worksite will be

managed by the Administrator of Human Resources

and the appropriate Superintendent of Education.

The aim of an investigation is to objectively establish the series of events that took place, not to attribute blame. The results of the investigation will help to determine how such an incident could have been averted and serve to prevent this type of incident from occurring again.

IN THE EVENT OF POLICE INVOLVEMENT, THEY WILL TAKE CONTROL OF THE SITUATION AND THE ENVIRONMENT. THEIR INSTRUCTIONS MUST BE ADHERED TO, AND THEY MUST BE ALLOWED TO COMPLETE THEIR TASKS BEFORE AN INTERNAL INVESTIGATION IS INITIATED.

Following a violent event, the investigation process must begin immediately by the site administrator and completed in a timely manner. Investigations should be impartial, on topic, and conducted in a private friendly place.

The Board and Administrators must provide staff with information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour. Disclosure is limited to that which is reasonably necessary to protect employees:

if the employee(s) can expect to encounter the violent person during the course of work; and

the risk of workplace violence is likely to expose the employee(s) to physical injury.

The Board and Administrator must not disclose more information than is necessary for the protection of the employee(s) from physical injury.

It is the Board and Administrator’s responsibility to evaluate a person’s

history of violence and determine which staff would be likely to encounter

this individual. When evaluating the probability of violence, the Board and

Administrator will consider:

◦ the history within the workplace;

◦ if the violence was targeted at a particular employee in general;

◦ how long ago did the violence take place; and

◦ the measures and procedures that are currently within the workplace violence program

For Potentially Violent Students:

The Board and Administrator will review the student’s Ontario Student

Record (OSR), Individual Education Plan (IEP), Safety Plan or any other

relevant documentation to determine what information may be necessary to

disclose to the exposed staff.

The Board and Administrators have a responsibility to take precautions to protect workers from domestic violence that may occur in the workplace and is likely to expose a employee to physical injury. Once the Board or Administrator has been advised that the potential for domestic violence entering the workplace exists, precautions will be taken to minimize the risk through the development of a Safety Plan. In consultation with the employee’s supervisor, the Respectful Workplace Advisor, and if necessary the local police, an individual safety plan for the employee will be developed.

Details of the safety plan may include, but are not limited to:◦ Actions to increase employee safety that could be applied on a situational basis.◦ Developed with the affected employee as he or she knows the abuser’s patterns

of behaviour, the higher risk times during the day, and the resources available to reduce the risk of violence.

◦ Increased security measures at work or travelling to and from work (panic buttons, caller i.e., door security, code words, photo of abuser supplied to security company, escorts to car or public transportation).

◦ Record-keeping options for possible police evidence (e.g., threatening voice mails, or emails).

◦ Emergency contact numbers if the supervisor is unable to reach the employee.

Alternative work arrangements to adjust the employee’s schedule or

location in order to increase the employee’s safety.

Recognizes that the abuser’s behaviour may not be controlled, but the plan

may increase the safety of the employee, other staff, and students.

The plan needs to be fluid and reviewed on a regular basis.

Copies of the safety plan are to be kept confidential and given only to the

staff at risk for domestic violence. Employees will keep in close contact

with their supervisor and Respectful Workplace Advisor so that they are

informed of potential escalation or decrease of domestic violence.

The Board recognizes that the OHSA permits a worker to refuse to work or

to perform a specific duty in the case where the worker believes violence is

likely to occur. This right does not extend to the areas included under

harassment. For teachers, a limited right to refuse exists. As per O.Reg.857,

teachers cannot refuse to work when a pupil’s life, health and safety is in

imminent jeopardy. The Ontario Health and Safety Act delineates a specific

process that must be followed in a work refusal.

If you have any question please ask your supervisor first.

Additional support is available through the Health and Safety Manager at

905-525-2930 ex. 2175, your JHSC worker rep and or your union to ask

questions too!