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HomeMy WebLinkAboutCOD-015-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 11, 2020 Report Number: COD-015-20 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: File Number: Andrew C. Allison, CAO By-law Number: Resolution#: GG-098-20 Report Subject: Joint Health & Safety Committee — 2019 Summary Recommendation: 1. That Report COD-015-20 be received, and 2. That the updated Policy #E-5 Workplace Harassment and the Health & Safety Policy Statement be endorsed. Municipality of Clarington Report COD-015-20 Page 2 Report Overview The purpose of this report is to update Council on the annual activities undertaken by the Joint Health and Safety Committee during the past year. 1. Background 1.1 The Occupational Health and Safety Act requires the Joint Health and Safety Committee provide the employer with an annual update if requested. This report also provides a summary of incidents and accidents that occurred in the workplace during 2019. 2. 2019 Policy Review and Update of Corporate Health & Safety Policies 2.1 Work has been progressing throughout the year to review and update the Corporate Health & Safety Policies. The update and review process is ongoing in line with our continuous improvement plan. As part of this review, the following policies are included for endorsement: Health & Safety Policy Statement (Attachment #1), employee Workplace Sexual Harassment Policy E5 (Attachment #2), and Workplace Violence Policy E8 as required by the Occupational Health and Safety Act (Attachment #3). 2.2 A joint review was conducted with the Ministry of Labour dealing with the Corporate Health and Safety Policy on Ergonomics and Musculoskeletal Disorders to focus on prevention in the workplace. This included a review and update of our Corporate Policy on MSD's and offering awareness training to staff in line with the Municipality's continuous improvement plan. These programs raise the awareness of these types of injuries, supporting the goal to reduce the risk factors. Eight training sessions were provided on "MSD Awareness and Prevention" which was attended by 176 staff members. 2.3 We continue to monitor the Substance Abuse Policy to ensure it stays in line with the legalization of Cannabis. The Safe Driver Program which was introduced in 2018 was also reviewed late in 2019 which may lead to some changes going forward as we review some recommendations on training. 3. NEER Statement Results 3.1 Throughout the course of the year, The WSIB monitors the number of reported incidents and accidents. Employers are required to advise the WSIB of any injury that requires medical aid and/or lost time. The cost value of these claims is reported back to the employer quarterly in the form of a NEER statement. NEER is referred to as the New Experimental Experience Rating. The individual employer's performance is measured Municipality of Clarington Report COD-015-20 Page 3 through the WSIB Performance Index utilizing the previous four (4) year injury history which is used in part to assess the employer's annual premiums. A rating of 1.0 is neutral; above 1.0 requires addition premium surcharges to be paid by the employer; and a rating below 1.0, the employer receives a refund of premiums. These adjustments are in addition to the base rate group premium of $3.15 per $100.00 of earnings which applied for 2019. The total WSIB premiums for 2019 was $981,103. 3.2 In December 2019 the final NEER results for 2018 were received, indicating a rebate. This indicated Clarington's performance was much better than expected costs for the year. The rebate for 2018 was $356,268 which was a reflection of the dedicated efforts to health and safety of employees. 3.3 Rebates/Surcharges are continually adjusted based on individual claim activity for the previous four years (2015 through to 2018). In December of 2019 the four-year NEER summary statement was received. • For 2018 the rebate was $356,268 • For 2017 the review/adjustment increased our 2017 rebate by $13,808 • For 2016 the review/adjustment increased our 2016 rebate by $2,687 • For 2015 the review/adjustment remained neutral • This resulted in a final rebate cheque of $372,763 in December 2019 4. Early and Safe Return to Work Program 4.1 All Departments continue to follow and have success with the Corporate Early and Safe Return to Work Program as set out in the Corporate Health & Safety Policy H31. In order to reduce lost earnings costs to the above noted NEER program, the WSIB encourages all employers to develop an Early and Safe Return to Work program. The purpose of this program is for the employer to work with the injured employee to return to work as soon as possible after experiencing a work -related injury. 4.2 In most cases, employees who experience a work -related injury return to work within 24 hours and do not incur lost wages. However, in more serious injuries, employees may not be able to perform their normal duties. In the past, those employees would have remained off work until they were able to return to full duties. The Early and Safe Return to Work Program allows the employer to offer the employee alternate duties that would be meaningful to the employer, and not cause any further injury to the employee. By doing so, the employee returns to work earlier than they normally may have; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums and/or NEER Surcharges. Municipality of Clarington Report COD-015-20 Page 4 4.3 The WSIB has announced that 2019 was the final year of the NEER Rebate/Surcharge program. Beginning in 2020 employers will be operating under a new program of accident performance. We will receive a final NEER review and statement reflecting of our performance for the period of 2016 — 2019 inclusive, in December of 2020. 5. Activities 5.1 The Joint Health and Safety Committee (JH&SC) is co-chaired by Municipal staff representing both management and workers within the Municipality. The committee represents management workers, Canadian Union of Public Employees Local 74 (both Inside and Outside Workers) as well as the Clarington Fire Fighters Association Local 3139. 5.2 The 2019 committee consisted of 14 members (members list; attachment #4) plus alternate members who attend meetings in the absence of a JH&SC Member and assist with monthly facility inspections. 5.3 The municipal JH&SC members meet every month with the exception of July and August. All minutes are retained within statutory limits and current minutes are circulated to Department Heads and they are also posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. A typical agenda will include: • Agenda Review • Introduction of Guests • Department Head Presentation • Approval of Previous Minutes • Business Arising from Minutes • Review of Previous Month Workplace Inspections • Current Workplace Inspections • Accident / Injury Statistics Review • New Business - Departmental Health/Safety Updates • Workplace Inspection Assignments 5.4 The JH&SC members also conduct monthly inspections of Municipal workplaces. On a monthly basis, there are at least fourteen inspections carried out by the JH&SC. The Occupational Health and Safety Act (OH&SA) states that all facilities must be inspected monthly; and where it is not practical to for a complete inspection, at least part of the facility must be inspected. In addition, the requirement to inspect municipal work sites, all other municipally owned facilities (Board operated community centres) are inspected at least once per year. Inspection forms are also retained and the current forms posted on the JH&SC Boards for staff information. Municipality of Clarington Report COD-015-20 Page 5 5.5 In September of 2019 Joint Health & Safety Committee Member training was completed for all members including alternates. Throughout 2019 education sessions were conducted on Mental Health & Wellness in the Workplace with plans to continue these education sessions in 2020. Several half day awareness sessions were offered for staff to help raise the level of awareness of mental health issues in our workplaces. 5.6 As the WSIB and Ministry of Labour are focused on Post Traumatic Stress Disorder and ongoing importance of mental health, training was provided for staff members who are in roles where they have authority over workers (Directors, Managers, Supervisors and Lead Hands). This was a two-day course titled "Mental Health First Aid Certification" which certified participants with the Mental Health Commission of Canada to respond and provide initial help to co-workers suffering from mental health issues. These sessions were attended by 45 staff members. 6. Incidents and Accidents 6.1 Incidents and accidents are tracked and reported on a monthly basis to the Health & Safety Committee. The statistics are used to identify trends and opportunities for improvement and training. The total number of incidents documented for 2019 was 82 compared to 64 in 2018. This includes lifts, slips, falls, minor cuts, near misses, reports only, in house first aid, as well as WSIB reportable occurrences. 6.2 The Workplace Safety & Insurance Board (WSIB) requires employers to report a work related accident if the employer learns that a worker required health care and/or; is absent from work, earns less than regular pay, requires modified work at less than regular pay, or the worker does not receive medical attention but requires modified work for more than seven calendar days following the date of the accident. Employers are not required to report a work -related accident if the worker receives only first aid. Reports to WSIB 2018 2019 Medical Aid 20 13 Lost Time 5 9 Total 25 24 These 24 reported injuries are included in the statistics total noted in 6.1 Municipality of Clarington Report COD-015-20 Page 6 6.3 The number of reportable injuries was virtually the same for 2019 compared with 2018, with an increase in minor Lost Times and a decrease in Medical Aids. 6.4 WSIB presumptive claims are listed below. WSIB has concluded full time firefighters, fire investigators and volunteer firefighters, have an increased risk for heart disease, lung disease, cancers and Post Traumatic Stress Disorders (PTSD). Legislation was passed that provides that Emergency Responders diagnosed with a prescribed cancer on or after January 1, 1960, and meets the employment duration and additional criteria for the prescribed cancer as set out by WSIB, then the disease is presumed to be an occupational disease due to the nature of the worker's employment. The presumptive cancer claims do not form part of the NEER assessment and are paid by WSIB because the Municipality is a schedule 1 employer, whereas Post Traumatic Stress Disorder claims although presumptive, do affect WSIB rating for premium assessment. WSIB Presumptive Claims Under Review Approved 2012 1 2014 2015 2 2016 2 2017 1 2018 2019 3 7. Concurrence Not Applicable. Municipality of Clarington Report COD-015-20 8. Conclusion Page 7 8.1 This report has been endorsed by Mike McCron, Health & Safety Coordinator and Marc Ladouceur Co-chair for 2019. Support for the Health and Safety Program within the Municipality has been endorsed by all staff from the part-time occasional staff member to full time staff, supervisors, managers, department heads, CAO and Council. This support has been demonstrated by our ongoing annual NEER rebates helping to reduce WSIB costs. Continued support for staff training programs and awareness will continue to reduce injuries and costs within the workplace. Staff Contact: Mike McCron, Health & Safety Coordinator, 905-623-3379, ext., 2204 or mmccron@clarington.net. Attachments: Attachment 1 — Health & Safety Policy Statement Attachment 2 — Policy E-5 Workplace Harassment Attachment 3 — Policy H-8 Workplace Violence Attachment 4 — Joint Health & Safety Committee Members for 2019 Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report COD-015-20 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy POLICY TYPE: POLICY TITLE: POLICY ##: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: Health and Safety Health & Safety Policy Statement H-13 Chief Administrative Officer February 28, 2006 January 31, 2020 All Employees The Municipality of Clarington is committed to the protection of our employees and property from accidental loss. We believe that this is critical to the success of our business and our goal is zero incidents of injury, illness or damages. We continue our commitment to providing a workplace free of accidents, violence and harassment and to ensure workplace mental health is a priority. The Health and Safety of our employees is of the utmost importance in all of our operations, and is a shared responsibility, which must be accepted by everyone in our workplace. A successful safety program and a safe workplace depends on concern and commitment from all personnel. The responsibility for Health & Safety ultimately rests with senior management, but managers and supervisors at all levels will be held accountable for the safety performance of their employees. However, all employees have the --responsibility of working safely- and -protecting- the lives and health of - --- themselves and their fellow workers. Being alert to unsafe conditions or practices, looking out for fellow employees and reminding them when they do something unsafe, as well as reporting unsafe conditions is imperative, if we are to achieve our goal. In support of these beliefs, we must accept our responsibilities to minimize risk and injuries to our fellow workers, the public we proudly serve, and to ourselves. Health & Safety must be in our thoughts 24 hours a day, seven days a week. We must meet, and wherever possible exceed, the requirements of all applicable health and safety legislation/regulation, our own standards and work procedures, along with applicable industry standards. Contractors will be held accountable for all infractions of their workers. Contractors and their workers who do not follow the Health & Safety program of the Municipality of Clarington will be asked to leave the work site. By accepting these responsibilities and through active participation and co-operation we will together achieve our goal for a safe, healthy and productive work environment. Our Health and Safety Program Manual and policies will be subject to annual review. For The Municipality Andrew Allison Chief Administrative Officer Attachment 2 to Report COD-015-20 Corporate Policy lar� n Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY EFFECTIVE DATE: REVISED: APPLICABLE TO: Working Conditions and Programs Harassment E5 Chief Administrative Officer April 28, 1997 February 5, 2019 All Employees The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe work environment. Acts of workplace harassment by staff, volunteers, visitors, contractors or vendors will not be tolerated. The Municipality of Clarington has a zero tolerance policy regarding workplace harassment. Any violation of the policy will be investigated and may result in disciplinary action up to and including termination with cause. Violence in the workplace is dealt with under a separate Health & Safety Policy (H-8 Workplace Violence). 1. Purpose: a) To convey the Municipality's commitment to maintaining a workplace free of harassment. b) To ensure employees know what to do if he/she has been harassed or accused of harassing another individual, and are aware of their responsibilities in maintaining a harassment free workplace 2. Definitions 2.1 Workplace: any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms, locker rooms, work sites, on -road municipal vehicles and personal vehicles while occupied by municipal employees during travel for the purpose of municipal business, during regular or non regular hours as required. Harassment that occurs outside the workplace but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace harassment, with each situation to be evaluated on its own merit. 2.2 Harassment: means engaging in a course of vexatious comments including electronic means of communication or conduct by an employer, someone acting for the employer or co-worker towards any other employee which is intimidating, annoying or malicious and may relate to race, ancestry, place of origin, colour, E5 - Harassment Page 1 of 8 ethnic origin, citizenship, religion/creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital status, family status or handicap, against a worker in a workplace that is known or ought reasonably to be known to be unwelcome whether intended or not. 2.3 Harassment is further explained as follows; a) Workplace Sexual Harassment: • Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or • Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome; • Reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition • Unnecessary or unwanted physical contact, ranging from touching, patting or pinching to physical assault • Leering or other suggestive gestures • Unwelcome remarks, jokes, suggestions or insults about a person's physical appearance, attire or sex • Displaying, sending or communicating electronically or by any other means pornographic pictures or other offensive, sexually explicit material • Practical jokes of a sexual nature, which cause awkwardness or embarrassment • Compromising invitations b) Discriminatory Harassment • Unwelcome remarks, jokes or insults about a person's racial background, colour, place of birth, ancestry or citizenship • The displaying of racist, derogatory or otherwise offensive material • Insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment • A refusal to converse or work with an employee because of his or her racial or ethnic background • Any other situation as defined by the prevailing Human Rights Code c) Workplace Harassment • Physically abusive or aggressive behaviour such as pushing, hitting, finger pointing or standing close to the victim in an aggressive manner • Using intimidating or disrespectful body language E5 - Harassment Page 2 of 8 • Verbally abusive behaviour such as yelling, insults, intimidating comments and name calling • Spreading malicious rumours • Excluding or ignoring the victim • Making little or no eye contact with the victim and refusing to engage in common pleasantries • Sabotaging the victim's work or claiming credit for it • Reportedly blaming others for mistakes • Making false allegations in memos or other documents • A supervisor undermining the victim's efforts by setting impossible goals and deadlines and impeding an employees efforts at promotions or transfers • Persistent excessive and unjustified criticism and constant scrutiny by a supervisor 2.4Examples that do not constitute Workplace Harassment, providing they are undertaken without malice or intent to intimidate or undermine; • performance reviews • work assignments • work evaluation • disciplinary measures taken by the employer for valid reasons • normal workplace conflict that may occur between individuals, or differences in opinion between co-workers • requesting documentation in support of an absence from work • a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment 3. Policies: a) The Corporation of the Municipality of Clarington, CUPE Local 74 and the Clarington Fire Fighters Association, Local 3139 supports and recognizes their obligations regarding the right for every employee to work in a harassment free environment, as specified in the prevailing Ontario Human Rights Code and the Occupational Health & Safety Act. b) In keeping with its legal and social responsibilities as an employer, the management of the Corporation shall treat any complaint of harassment as a serious matter. c) No employee shall be harassed because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital status, family status or disability. E5 - Harassment Page 3 of 8 d) A spirit of fairness to both parties must guide the proceedings. This includes the respondent's right to know both the allegations and the accuser and the rights of both parties to a fair and impartial investigation and possibly a hearing. e) Confidentiality will be maintained to the best of management's ability. Any employee who is the subject of a complaint shall be informed of the complaint as soon as reasonably possible. The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent which will be undertaken with efforts to maintain respect for all involved in the situation. All involved in the process are requested to maintain confidentially. f) This policy provides that the complainant not be compelled to proceed with the complaint unless the situation warrants as determined by management. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. Based on knowledge obtained, the Corporation may be required to proceed with the investigation and report without the complainant's direct involvement. g) The respondent is entitled to a specific disposition of the issue as appropriate to the situation and findings. h) Every effort must be made by all parties to stop the harassment immediately. i) Any employee may at any time throughout the process seek advice or assistance from the Ontario Human Rights Commission. j) The employer will provide workers with information and instruction that is appropriate for the worker on the contents of this policy and program with respect to workplace harassment. 4. Procedures: The Complainant: Any person who believes he/she is being harassed by another person is advised to take the following measures: Step #1 — Ask the harasser to stop: Inform the harasser that his or her behaviour is unwelcome. An individual (although he or she should know better) may not realize that he or she is being offensive. A simple chat may resolve the problem. If the person refuses to cooperate, remind him or her that such behaviour is against Municipal policy. If the employee feels uncomfortable asking the harasser to stop, assistance or intervention by Human Resources may be sought. E5 - Harassment Page 4 of 8 Step #2 — Keep a record of the harassment: When did the harassment start? (E.g. dates, time, locations). What happened? Were there any witnesses? Were there any threats or reprisal? What was your response? Failure to keep a diary of the events will not invalidate your complaint. A record will, however, reinforce it. Step #3 — Lodge a complaint: a) If the harassment, despite your efforts to stop it, continues, you should report the problem to your Supervisor, Department Head or a designate from Human Resources. If the offending person is the designate from Human Resources, the complaint should be taken directly to the Chief Administrative Officer or designate. If the offending person is the Department Head, the complaint shall be reported to Human Resources who will bring this matter to the CAO. If the offending person is the CAO, the Human Resources designate has the ability to advise Council in a confidential report. b) If the complaint is against a member of Council, alleged by another member of Council or by staff, the matter will be addressed through the Council Code of Conduct. The complaint shall be submitted to the Integrity Commissioner as per the Council Code of Conduct Complaint Procedure. The Integrity Commissioner will report to Council in accordance with governing protocol of that Office. c) Once the complaint is received, if verbal, Human Resources will document the events as communicated. If the compliant is in writing the date and time received will be recorded. Both parties may have a copy of the complaint, but Human Resources will retain all formal records. d) Where a manager or supervisor initially receives the official complaint, it is his/her responsibility to ensure that the designate from Human Resources and the Department Head is notified about the complaint as soon as reasonably possible. The designate from Human Resources is then responsible for assessment and initiation of an investigation. e) The designate from Human Resources will acknowledge receipt of a complaint as soon as reasonably possible to the Manager/Department Head/Complainant/Alleged Harasser. f) The Department Head and the CAO will be kept apprised of the process as to the appropriate steps throughout the process. Human Resources: Human Resources with assistance from the Health & Safety Coordinator if requested shall take the following steps: E5 - Harassment Page 5 of 8 Step #1 — Investigation of Complaint will be conducted by Human Resources or by Independent investigator as appropriate to the circumstances as determined by Human Resources. a) Fact finding i) A confidential interview with relevant parties will be conducted to obtair information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others who may be interviewed. Where witnesses are not identified, or where otherwise appropriate, co-workers or other individuals may be interviewed. All interviews will be conducted in a confidential manner. ii) The results and conclusions of the investigation will be documented after interviewing the complainant, respondent and any other relevant witnesses including co-workers if necessary. Complainant and/or respondents may be asked to verify documentation. Where appropriate and necessary, the investigator may contact the Ontario Human Rights Commission or independent investigation firms for advice or assistance. b) Preliminary findings i) Where the information revealed early in the investigation suggests a reasonable possibility of a resolution, an early settlement may be proposed prior to conducting the entire investigation. ii) Where appropriate, a meeting may be convened with the parties (either individually or collectively as appropriate) involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. iii) This stage allows all parties to become aware of the tentative findings and presents an opportunity, based on the information, to resolve the matter upon agreement of all parties without further investigation. iv) Where agreement is reached and the matter deemed resolved, a summary report will be prepared for the Chief Administrative Officer and appropriate Department Head. v) In situations where both parties agree on a settlement but Human Resources deem the situation could pose a risk of further action, danger or legal outcome, Human Resources will make recommendations to the CAO regarding acceptance of the proposed settlement or proceeding further. c) Further investigation i) Where, as a result of preliminary findings, a resolution cannot be proposed or achieved, or where the designate from Human Resources determines that file closure at this point would not be appropriate, further investigations will be conducted. E5 - Harassment Page 6 of 8 d) Notification and discussion of results i) The designate from Human Resources will subsequently schedule meetings with the complainant, alleged harasser, Department Head and/or Chief Administrative Officer where necessary, to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. e) Report of Findings i) A written general summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Director of Corporate Services/HR, Department Head the complainant and the respondent as they are affected by the outcome. Documents are retained by Human Resources and detailed notes are not provided to complainant or respondent. ii) The final full report will not be released to complainant or respondent or other party involved unless extenuating circumstances dictate, or there is a legal requirement to release the report. iii) The results of an investigation under this policy and any report created in the course of or for the investigation, are not a report respecting occupational health and safety for the purposes of Section 25(2) of the Occupational Health and Safety Act. f) Disciplinary measures i) If there is evidence of harassment, disciplinary measures will be taken by the Department Head, in consultation with the Director of Corporate Services/HR and the Chief Administrative Officer as appropriate. Such discipline may include suspension or termination of employment. Documentation regarding the disciplinary action will be placed in the employees personnel file. ii) The worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation. g) Malicious complaints i) Where, as a result of an investigation, it is determined that the complaint was made maliciously — with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant, after consultation with the Department Head, Director of Corporate Services/HR and/or CAO as appropriate. Documentation regarding the disciplinary action will be placed in the employee's personnel file. E5 - Harassment Page 7 of 8 Step #2 — Preventing a Re -Occurrence a) If the complaint is found to be not supported, no documentation of the complaint will be placed in the employee file of the respondent, unless the respondent requests a letter of clearance stating the claim was unfounded be placed into their employee file. Human Resources will maintain all records. b) It is the responsibility of the Department Head and Supervisors to make all reasonable efforts to ensure that workplace harassment does not occur and that there is no retaliation for having made a good faith complaint in his or her department. The Respondent: a) Assess your behaviour seriously. Understand that even if you did not intend to offend, your behaviour has been perceived as offensive. Be aware that the test of harassment is not whether you intended to offend, but whether a reasonable person ought to have known that the behaviour, comments or conduct were unwelcome. b) Cease the behaviour that the person finds offensive or unwelcome. Failure to cease this behaviour will leave you more vulnerable to a formal complaint, which could lead to disciplinary actions. c) If you believe the complaint is unfounded, discuss the matter with your supervisor and/or Department Head or Human Resources. d) You are entitled to know the allegations against you and to have an opportunity to respond. e) Document your version of the alleged incident including times, places, what happened and any witnesses. f) Cooperate with any investigation undertaken to resolve the matter. E5 - Harassment Page 8 of 8 Attachment 3 to Report COD-015-20 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy claliflooll POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: Health and Safety Workplace Violence H8 Chief Administrative Officer November 9, 2004 October 8, 2019 All Employees The Corporation of the Municipality of Clarington is dedicated to providing a healthy, safe work environment. The Corporation of the Municipality of Clarington is committed to providing a violence -free environment and recognizes that workplace violence is a health and safety issue. Acts of workplace violence by staff, volunteers or visitors will not be tolerated. The Municipality of Clarington has a zero tolerance policy regarding workplace violence. Any violation of the policy will be investigated and may result in disciplinary action up to and including termination with cause. A. WHAT IS WORKPLACE VIOLENCE? In this policy, workplace violence is defined as: (a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, (b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, (c) a statement or behaviour that it 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. B. WHERE IS THE WORKPLACE? The workplace is any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes lunchrooms, washrooms, locker rooms, work sites, on -road municipal vehicles and personal vehicles while occupied by municipal employees during travel for the purpose of municipal business, during regular or non - regular hours, as required. Violence that occurs outside of the workplace, but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace violence. It is strongly encouraged that all acts of violence be reported to the immediate supervisor or designate. Acts of violence may also be reported to the Health & Safety Coordinator, Human Resources Page I 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy Supervisor, Director of Corporate Services/Human Resources or the Chief Administrative Officer or Designate. C. DEALING WITH POTENTIAL HOSTILE SITUATION OR THREAT OF VIOLENCE C-1 Call the Police • Employees who feel that he/she is in imminent danger shall call 911 C-2 Confrontation in the workplace: 1. Stay calm, listen attentively, and ask the person to sit down. 2. Ask the person questions relevant to his or her complaint. 3. Acknowledge the person's concerns and try to find solutions. 4. Maintain eye contact. 5. Speak slowly, softly, and clearly. Avoid being defensive. 6. Identify violent behaviors, especially before they escalate. 7. Set ground rules/boundaries, such as, "When you shout at me, I can't understand what you are saying." 8. Signal discreetly to a co-worker or supervisor that you need help. Do not make any calls yourself. Have someone notify the supervisor/manager or, when necessary, the local police. 9. Attempt to keep the situation within your control. 10. Get yourself and others away from the potentially violent person. 11. Get out or hide. Evacuate the area. D. THINGS THAT COULD LEAD TO PHYSICAL VIOLENCE: 1. Making false statements or promises you can't keep. 2. Explaining technical, complicated information when emotions are high. 3. Taking sides or disagreeing. 4. Taking remarks personally. 5. Showing your anger. 6. Being patronizing. 7. Invading the individual's personal space. 8. Verbal & non-verbal (body language) hostile style of communicating. 9. Making threats or dares. 10. Belittling or making the person feel foolish. 11. Criticizing or acting impatient. 12. Attempting to "bargain" with a threatening individual. E. ASSESSMENTS A general risk assessment for the potential risk in the corporation was undertaken by each Department Head in consultation with their appropriate Supervisors utilizing the forms attached as Appendix "B", (Workplace Violence Assessment Form #1) and Appendix "C" Page 12 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy cl"Ooft (Workplace Violence Assessment Form #2). Documentation from the review and any recommendations will be reviewed by the CAO and the Department Head Group for possible trends or similar cross department risks. Recommendations and summary will be forwarded to the JHSC and the Health & Safety Coordinator. Risk assessments will be conducted for any new positions in line with Section E Part 1 above. 2. When a risk potential is identified, a Risk Assessment will be completed by management to determine if workers are likely to be exposed to physical violence. When conducting an assessment, activities where workers are likely to be exposed to physical injury should be taken into account by considering; • Circumstances specific to their workplace • Circumstances that would be common to similar workplaces • Any other required elements or tasks • If existing conditions and work plans are sufficient such that, if a threat of violence were to occur, assistance would be readily available. 3. The assessments must be reviewed by the JHSC. 4. Reassessments must be completed as often as necessary to ensure the ongoing protection of workers from workplace violence. Updated assessments will be reviewed with the Safety Coordinator for update as requested by the Department Heads. 5. When assessments are complete and it is found that current departmental work procedures do not adequately address the potential for workplace violence as required by the Occupational Health & Safety Act, the Manager responsible for that area shall put further controls in place. 6. If it is not practical to eliminate the risk, steps must be taken to minimize the potential risk. 7. Control plans or procedures must include measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur. Once the risk to a physical injury has been eliminated or minimized as far as reasonably possible, a method for controlling the risk (E.g. control plan or procedural change) must be communicated to the worker. Control plans or procedural changes will be reviewed with the position employee by the appropriate department supervisor. The Health & safety Coordinator or Human Resource representative can attend if requested. Page 13 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy ciff-ifigon F. DOMESTIC VIOLENCE Any employee experiencing violence outside of the workplace (i.e. domestic violence) that may create a risk of danger to themselves or others in the workplace is encouraged to report such violence so that management can take reasonable preventive steps, examples may include; o Meeting with the affected employee to create a specific safety plan o Altering of working hours, and/or work locations if possible so as not to be predictable o Blocking certain email addresses o Screening phone messages o Contacting Police for other options • Reports of Domestic Violence that may pose a risk to workers will follow as far as reasonably possible the investigative steps in the section entitled "Reporting". G. RELEASE OF INFORMATION The employer or supervisor will provide information to a worker, including personal information related to the risk of workplace violence from a person with a known history of violent behaviour if: o The worker can be expected to encounter that person in the course of his or her work; and o The risk of workplace violence is likely to expose the worker to physical injury. The employer or supervisor will not disclose more personal information in these circumstances than is reasonably necessary to protect the worker from physical injury. Any information released in these circumstances must be done in consultation with the Director of Corporate Services/Human Resources or the Human Resources Supervisor and the Municipal Clerk where deemed appropriate. H. THE RIGHT TO REFUSE UNSAFE WORK As provided by the June 15, 2010 revision to Section 43 of the Occupational Health & Safety Act, a worker may refuse to work where he/she has reason to believe that he/she is in danger of being a victim of workplace violence. Such refusal would trigger the normal work refusal process, i.e., the employer's investigation of the refusal, followed up by a Ministry of Labour inspector, if necessary. Work Refusal protocol is covered in Administrative & Corporate Policy H-26, "Right to Refuse Unsafe Work", as well as Section 43 of the Occupational Health & Safety Act. Page 14 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy Clan Bill 168 clarifies that The OHSA will continue to prohibit workers in certain public and broader public sector workplaces from refusing work where the unsafe condition (e.g., workplace violence) is "inherent in the work" or is a "normal condition of employment." There is no corresponding right to refuse work where "harassment" is believed likely to endanger the health and safety of a worker. REPORTING AN INCIDENT OR POTENTIAL THREAT 1. Employees who are victims of violence, or who believe they are potential victims of such violence, should promptly notify their supervisor, Department Head or a designate from Human Resources and complete a "Violence Complaint Form" (see Appendix A) within seven (7) calendar days of an occurrence. 2. If the offending person is the designate from Human Resources, the complainant should be taken directly to the Chief Administrative Officer or designate. 3. The employee is encouraged to receive immediate medical attention where warranted and medical verification of the assault (if possible) should be obtained. 4. Where a manager or supervisor initially receives the official complaint, it is his/her responsibility to ensure that the designate from Human Resources is notified about the complaint within two (2) working days from when he/she first received it. The designate from Human Resources is then responsible for assessment and initiation of investigation. 5. The designate from Human Resources must acknowledge receipt of a complaint within two (2) working days (to Manager/Department Head/Complainant/Alleged Harasser). 6. Fact Finding The designate from Human Resources will conduct a one-on-one interview with relevant parties to obtain information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others to be interviewed. Where the witnesses are not identified, or where otherwise appropriate, co-workers may be interviewed. All interviews will be conducted in a confidential manner. The designate from Human Resources will document the results and conclusions of the investigation after interviewing the complainant, respondent and any other relevant witnesses including co-workers if necessary. The Complainant and respondents may be asked to verify documentation. Where appropriate and necessary, the designate from Human Resources may contact the Ontario Human Rights Commission for advice or assistance. 7. Notification and Discussion of Results The designate from Human Resources will subsequently schedule meetings with the complainant, alleged person, Department Head and Chief Administrative Officer where Page 15 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy Cladason necessary, to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. 8. Report to Department Head A summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Department Head and the parties affected by the outcome. 9. Disciplinary Measures If there is evidence of violence, disciplinary measures will be taken by the Department Head or the Chief Administrative Officer as appropriate. Such discipline may include suspension or termination of employment with cause. 10. Malicious Complaints Where, as a result of an investigation, it is determined that the complaint was made maliciously — with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant. Documentation regarding the disciplinary action will be placed in the employee's personnel file. PREVENTATIVE ACTION Steps should be taken to prevent any re -occurrence of violence and escalation of tension. Employees who are aware of the symptoms that precede workplace violence can stop such problems before they start. To fulfill this policy, the Municipality will work to prevent violence from occurring through training, education, awareness and reporting and will ensure that federal and provincial laws, as well as Municipal policies prohibiting violence, are fully enforced. Supervisors and employees should be well informed of the warning signs leading to acts of violence to allow for preventative measures to be utilized. If the complaint is found to not be supported, no documentation of the complaint will be placed with the employee file of the alleged person. It is the responsibility of the Department Head to make all reasonable efforts to ensure that workplace violence does not occur, and that there is no retaliation for having made a good faith complaint, in his or her department. WHAT IF YOU ARE ACCUSED? Assess your behaviour seriously. Understand that, even if you did not mean to offend, your behaviour has been perceived as offensive. Page 16 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy C1"40n Cease the behaviour that the person finds offensive and apologize. Failure to cease this behaviour will leave you more vulnerable to a formal complaint, which could lead to disciplinary action. If you believe the complaint is unfounded, discuss the matter with your supervisor and/or Department Head or HR Manager. You are entitled to know the allegations against you and to have an opportunity to respond. Document your version of the alleged incident including times, places, what happened and any witnesses. CONSEQUENCES OF CRIMINAL ACTIVITY If an employee is charged with, or convicted of a criminal offence, regardless of whether or not the offence occurred on work time, serious disciplinary measures will be taken. If an employee commits a violent act of a criminal nature, the police must be informed immediately. If an employee is charged with a criminal offence and is awaiting trial, he/she may be suspended without pay until the charges have been dismissed. If an employee is convicted of a criminal offence, he/she may be discharged immediately. Certain criterion will be explored in determining the level of discipline afforded to the employee. The following considerations will be taken into account: • The seriousness of the offence. • Whether the employee's conduct directly affects the Municipality of Clarington's reputation or ability to deliver its services to the public. • Whether the offence makes it difficult or impossible for the employee to continue performing his/her duties. • Whether the presence of the employee would seriously disrupt the workplace due to other employees' refusal to work with him/her. • Whether the conduct of the employee makes it unduly difficult for management to maintain the workplace. The following examples are included to illustrate the possible consequences of criminal activity of employees outside the workplace: A senior member of management is criminally charged with sexual assault of a person. • An employee is criminally charged with attempted murder, uttering death threats, impaired driving causing death. • An employee whose duties require responding to fire related emergencies is criminally charged with arson, robbery, home invasion. An employee is criminally charged with hostage -taking. Page 17 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy clalbooft Workplace Violence Incident Report Form This form may be completed by the worker involved in the incident or the union representative or manager as soon as reasonably possible. PERSONAL INFORMATION 1. Name (optional) 2. Department INCIDENT DESCRIPTION 3. Date incident occurred 4. Time incident occurred 5. Location where incident occurred (be specific) 6. Describe the incident Page 8 of 1 I If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy 7. Type of incident (check all that apply) ciffiflooft 8. What type of weapon was used? How was the weapon obtained? 9. Were you working alone? If no, who was with you that may have witnessed the incident? 10. Who threatened or assaulted you? ❑ Client/Customer ❑ Spouse or partner ❑Passenger ❑ Family/Friend ❑ Former spouse or partner ❑ Animal ❑ Co-worker ❑ Student ❑Robber/burglar ❑ Stranger ❑ Supervisor/Manager ❑ Other 11. Were any threats made before the incident occurred? If yes, did you ever report to your supervisor or manager that you were threatened, harassed, or suspicious that the attacker may become violent? If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health &Safety Policy 0"40ft ❑Grabbed Pushed ❑Slapped ❑Kicked ❑Scratched ❑Hit with fist UHit with object ❑Other INCIDENT ANALYSIS ❑Bitten []Knifed (or attempted) ❑Shot (or attempted) ❑Sexually Assaulted ❑Threatened with weapon ❑verbally harassed ❑verbally threatened 12. Has this type of incident occurred before at the workplace? ❑Bomb threat ❑Animal attack ❑Robbery ❑vandalism (employer's property) ❑vandalism (own property) ❑Arson ❑Assaulted with weapon 13. What do you think were the main factors that contributed to the incident? 14. What could have prevented or at least minimized the damage caused by this incident? POST -INCIDENT RESPONSE 15. Did you require medical attention as a result of the incident? ❑ Yes ❑ No 16. Did you miss work as a result of the incident? ❑ Yes ❑ No Page 10 of I I If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy 17. Did you apply for WSIB? ❑ Yes ❑ No 18. Was the incident reported to a supervisor or manager? ❑ Yes ❑ No 19. Was a police report filed? ❑ Yes ❑ No Report completed by Department/Job Title/Union Position Date Phone number Page 1 I of 11 Appendix B WORKPLACE VIOLENCE ASSESSMENT FORM #1 Assessed By signature _7_ WORKPLACE or DIVISION: Date Approved By Signature Risk Exists Risk Level Specific Risks Associated with the Type of Work or Yes ifY s, M=High Conditions of Work complete Moderate relevant L =Low (Based on the risk factors outlined by National Institute for Occupational Assessment (see Safety and Health (NIOSH)) for specific Guideline in Risks in Binder) Form #2 Work includes: Examples of Activities or Situations H M L Direct Contact • Working in a fixed location in the presence of cash, goods, or with clients (CC) medications that may be readily sold or pawned • Working in a fixed location with clients who have access to staff • Maintaining petty cash in a fixed location Handling cash (HC) • Working at cashier station in a fixed location • Making cash deposits Working with • Providing a service to persons with physiological, psychological, or unstable or psychiatric conditions and substance abuse issues volatile clients • Providing a service that involves physical contact with clients who (VC) may be unpredictable due to influences outside the workplace • Working in a fixed location where there is limited or no access to communication tools and other security devices Working alone . Working in a fixed location where there is a high potential for assault, or in small sexual assault, or robbery numbers (WA) • Working in isolated areas within a worksite, away from other workers • Working in a remote worksite where public may have access Working in a • Traveling alone in the community community- . Working in a client's personal dwelling based setting • Limited or no access to communication tools and other security (CS) devices • Working on the road — a vehicle is a "mobile office" Mobile workplace (AAtIV) . Working in remote/unknown areas • Public having access to the worker in and outside of vehicle Working in areas where there is a: Working in high- • high risk of assault, sexual assault, or robbery based on police crime areas (CA) statistics • high risk of theft and/or property damage based on insurance and realtor/broker statistics • Working in the presence of cash, goods, or medications that may be readily sold or pawned • Working in the presence of valuable portable goods, such as precious Securing or metals, vehicles, or electronics protecting valuable goods . Transporting cash or valuable goods, especially to remote or isolated (SV) locations • Protecting valuable goods in an area open to the public • Intervening in a situation to prevent theft or loss • Patrolling alone or at night, especially in remote or isolated locations • Working in high -density traffic routes • Working in areas where there is exposure to "road rage" • Working in areas where there is limited or no access to Transporting communication tools people or goods • Working in situations where the public has physical access to (TG) driver/staff • Working in situations where fare collection and enforcement of fares is required • Working in situations where there is exposure to theft of goods that are being transferred N 4P W N O a z� x v y 0 C O C. O a cr o a 7 � to(3 <D 7 to 7 � cc O o D g n co �, 3 � � 0 m O _ `? y "U E CO)W CD to O ° O n D 7 �_ 0 m C < a o O m zn z m cn m Cn CO) m z 3 �k N obi obi m o m a uDi 3 y m eD a a W m m m m C C C m 19 a i CD 7 Q to OD V :ft p� C D� O a�iCD n C AOj O-t H to 7 C O co O 0 o = n O CL N 2 'O CM)ii N O (o O m O1 �= O S W 0 pr n G W 7 n O a c� 0_ s o (AC) 0; O 00 3' c M 0 �Q If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Attachment 4 to Report COD-015-20 ciff-moon JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2020 (All phone numbers are Area Code 905) NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Mike McCron** Corporate Services - 111 Floor MAC 6233379 X2204 Kristen Selvig Corporate Services - 111 Floor MAC 6233379 X2203 Len Hunter Community Services - SCA 623-3379 X2561 Bill Hesson Emergency Services - HQ 623337 X2804 Rob Groen** Operations — Building Services 623-3379 X2920 Steve Myers** Community Services - SCA 623-3379 x2562 Marie Marano Corporate Services- 1 s' Floor - MAC 6233379 X2202 Lockie Longhurst** Operations - Hampton 263-2291 X535 Theresa Gamble Planning 3" Floor MAC 623-3379 X2401 Ken Ferguson Community Services - RRC 623-5728 x2581 Gord Weir** Emergency & Fire Services - HQ 623-3379 X2802 Lisa Wheller Corporate Services - 111 Floor MAC 623-3379 X2205 AFFILIATED MEMBERS ALTERNATES Marc Ladouceur** Co -Chair Emergency & Fire Services 623-5126 Thomas Stone** Emergency & Fire Services 623-5126 Mike Bourke** Operations - Hampton 263-2291 Mathew Baker Operations - Building Services 623-3379 2922 Chris Welsh** Community Services -CC Complex 404-1525 Joanna White Community Services - GB Rickard 623-3379 X2548 Michael Ste.Croix** Finance - MAC 623-3379 X2616 Tim Welsh Operations - Building Services 623-3379 X2925 Mike Patrick Emergency & Fire Services 623-5126 Paul Rowan Emergency & Fire Services 623-5126 Jason MacDonald Operations - Hampton 263-2291 Chuck Green Operations - Building Services 623-3379 Paul Neto Operations - Hampton 263-2291 Mike McKelvie Operations- Hampton 263-2291 Secretary Alternate Lindsey Patenaude Clerk's - 2nd Floor - MAC 6233379 X2117 Gerry Jordan Corporate Services - 111 Floor MAC 6233379 X2201 Advisor Andy Allison - CAO CAO's Office 623 3379 X2002 Meeting Quorum: 5 Affiliated and 4 Non -Affiliated Members and/or Alternates * Certified Members - Part 1 Effective Date: January 2, 2020 ** Certified Members — WPS (Bold) J:\HEALTH & SAFETY\Committee\JHSC Members.doc