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HomeMy WebLinkAboutCOD-003-17 Corporate Services 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: March 27, 2017 Report Number: COD-003-17 Resolution: GG-167-17 File Number: By-law Number: Report Subject: Joint Health and Safety Committee – 2016 Summary Recommendations: 1.That Report COD-003-17 be received; and 2.That Council endorse the attached, updated Corporate Harassment and the Health & Safety Policy Statement. Municipality of Clarington Report COD-003-17 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. The report also provides a summary of incidents and accidents that occurred in the workplace during 2016. 2. 2016 Highlights 2.1 Review and Update of Corporate Health & Safety Policies 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 is the Corporate Policy dealing with Harassment which, because of legislative change, now includes Workplace Sexual Harassment (Attachment #1) and the Health & Safety Policy Statement (Attachment #3). 2.2 2015 New Experimental Experience Rating Statement Results (NEER) 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 through the WSIB Performance Index utilizing the previous four (4) year injury history and are 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 $2.88 per $100.00 of earnings which applied for 2016. WSIB has informed us that the base rate group premium of $2.88 will increase to $3.05 for 2017.) In December 2016 we received the final NEER results for 2015 showing us in a rebate situation. This indicated we performed much better than our expected costs for the year. Rebates/Surcharges are continually adjusted based on individual claim activity for the previous four years (2012 through to 2015). In December of 2016 we received our four year NEER summary statement • For 2015 our rebate was $178,502.77 • For 2014 the review/adjustment decreased our 2014 rebate by ($323.16) Municipality of Clarington Report COD-003-17 Page 3 • For 2013 the review/adjustment increased our 2013 rebate by 134.55 • For 2012 the review/adjustment increased our 2012 rebate by 11,728.47 This resulted in a final rebate cheque of $190,042.63 3. Early and Safe Return to Work Program 3.1 All Departments continue to follow and have success with the Corporate Early and Safe Return to Work Program. 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. 3.2 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; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums and/or NEER Surcharges. 4. Activities 4.1 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. 4.2 The committee currently consists of 14 members (see members list at attachment #2) plus alternate members who attend meetings in the absence of a JH&SC Member and assist with monthly facility inspections. 4.3 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 posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. The meetings focus on: • Review of Previous Month Workplace Inspections • Current Workplace Inspections • Accident / Injury Statistics Review • Departmental Health/Safety Updates • Workplace Inspection Assignments Municipality of Clarington Report COD-003-17 Page 4 4.4 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 undertake 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. 4.5 In May and June of 2016 year we completed review training for all staff occupying supervisory rolls (Directors, Managers, Supervisors, and Lead Hands). Staff from Emergency Services (Captains, Acting Captains and Eligible Acting Captains) are scheduled to complete the training this year. The Municipality has a duty under the Occupational Health & Safety Act to ensure all staff occupying supervisory roles are deemed competent as prescribed in the “Act”. 4.6 In February of this year we completed Joint Health & Safety Committee Member training for all members including alternates. This was a daylong session put on by the Public Services Health & Safety Association. 5.0 INCIDENTS AND ACCIDENTS 5.1 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. Our total number of incidents documented for 2016 was 78. This include lifts, slips, falls, minor cuts, near misses, reports only, in house first aid, as well as WSIB reportable occurrences. 5.2 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. The Municipality’s reportable accident rate was very slightly lower in 2016 as compared to 2015 as shown in the following chart. Municipality of Clarington Report COD-003-17 Page 5 REPORTS TO WSIB 2015 2016 Medical Aid 22 14 Lost Time 1 7 Total 23 21 These 21 reported injuries are included in the statistics total noted in 5.1. 5.3 WSIB Presumptive Claims For full time firefighters, fire investigators and volunteer firefighters, WSIB has concluded that they 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. WSIB Presumptive Claims Under Review Approved 2012 1 2014 2015 2 2016 1 2 2017 to date 1 Total 1 6 Municipality of Clarington Report COD-003-17 Page 6 6. Concurrence Not Applicable 7. Conclusion 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. 8. Concurrence This report has been endorsed by both Health & Safety Co-Chairs, Mike McCron and Marc Ladouceur. 9. Strategic Plan Application Not Applicable Submitted by: Reviewed by: Marie Marano, H.B.Sc., C.M.O. Curry Clifford, MPA, CMO Director of Corporate Services/ Interim CAO Human Resources Staff Contact: Mike McCron , Health & Safety Coordinator , Corporate Services, 905-623-3379 ext. 2204 or mmcron@clarington.net MM/MM/gj Attachments Attachment 1 – Policy E-5 Workplace Harassment Attachment 2 – Joint Health & Safety Committee Members – 2017 Attachment 3 - Health and Safety Policy Statement – 2017 Corporate Policy E5 - Harassment Page 1 of 8 POLICY TYPE: Working Conditions and Programs POLICY TITLE: Harassment POLICY #: E5 POLICY APPROVED BY: Chief Administrative Officer EFFECTIVE DATE: April 28, 1997 REVISED: October 12, 2016 APPLICABLE TO: All Employees and Elected Officials 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, 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. Attachment 1 to Report COD-003-17 Corporate Policy E5 - Harassment Page 2 of 8 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 • Verbally abusive behaviour such as yelling, insults, intimidating comments and name calling • Spreading malicious rumours • Excluding or ignoring the victim Corporate Policy E5 - Harassment Page 3 of 8 • 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 2.4 Examples 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. 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. Corporate Policy E5 - Harassment Page 4 of 8 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. 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. Corporate Policy E5 - Harassment Page 5 of 8 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, an independent investigation will be conducted, with the report going to the CAO, who is authorized to advise Council of the independent results. 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: 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 obtain 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. Corporate Policy E5 - Harassment Page 6 of 8 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. 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. Corporate Policy E5 - Harassment Page 7 of 8 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. 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. Corporate Policy E5 - Harassment Page 8 of 8 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. JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2016-2017OD (All phone numbers are Area Code 905) NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Mike McCron** Corporate Services – 1st Floor MAC 623 3379 X2204 Nancy Taylor Finance – 1st Floor MAC 623 3379 X2602 Len Hunter Community Services – SCA 435 1061 x222 Bill Hesson Emergency Services – HQ 623 3379 X2804 Rob Groen** Operations – Building Services 623-3379 X2920 Jenny Bilenduke** Engineering – 3rd Floor MAC 623 3379 X2301 Marie Marano Corporate Services- 1st Floor – MAC 623 3379 X2202 Lockie Longhurst** Operations – Hampton 263-2291 X535 Lori Gordon** Finance – 1st Floor MAC 623-3379 X2604 Ken Ferguson Community Services - RRC 623-5728 x630 Gord Weir** Emergency & Fire Services – HQ 623-3379 X2802 Gerry Jordan Corporate Services – 1st Floor MAC 623 3379 X2201 Lisa Wheller Corporate Services – 1st Floor MAC 623-3379 X2205 Steve Myers** Community Services – SCA 435-1061 x230 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 Cody Tamlin Operations - Hampton 263-2291 Chris Welsh** Community Services – South Courtice Arena 435-1061 Tom Stout Operations - Hampton 263-2291 Ian Laflamme** Community Services - NDRC 987-5667 Tim Welsh Operations – Building Services 623-3379 X2925 Michael Ste.Croix** Finance - MAC 623-3379 X2616 Dustin Forsey Operations 263-2291 Alison Jeschke Corporate Services - 4th Floor MAC 623-3379 X2215 Mike MacLean Operations 263-2291 Stewart Richardson Emergency & Fire Services 623-5126 Paul Rowan Emergency & Fire Services 623-5126 Secretary Alternate Lindsey Patenaude Clerk’s – 2nd Floor - MAC 623 3379 X2117 Gerry Jordan Corporate Services – 1st Floor MAC 623 3379 X2201 Advisor Curry Clifford – Interim 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: November 21, 2016 ** Certified Members – WPS (Bold) J:\HEALTH & SAFETY\Committee\JHSC Members.doc Attachment 2 to Report COD-003-17 Attachment 3 to Report COD-003-17