E13 – Violence Prevention

Originator: Chief Human Resources Officer
Approver: President’s Council
Effective: February 14, 2012
Replaces: New

1. Preamble

RRC Polytech is committed to providing a safe and healthy work environment for its employees, students, management team and clients.

2. Policy

College Workers must not express themselves through Violence or threats of Violence while:

1. on College property;
2. using College owned equipment such as communications devices;
3. they are otherwise acting in any matter that is connected to their affiliation to the College.

Workers are prohibited from knowingly making a false complaint of Violence, or knowingly providing false information about a complaint of Violence.

This policy is not intended to discourage or prevent a Worker or complainant from exercising any other rights, actions or remedies that may be available under any other law.

Workers will follow to the terms, conditions and procedures outlined in this policy.

3. Definitions

3.1

“Joint Workplace Safety and Health Committee” means a workplace safety and health committee established pursuant to The Workplace Safety & Health Act.

3.2

“Student” – refers to any individual:

• seeking to apply to study at RRC Polytech;
• who is a current RRC Polytech student; or
• who has previously been a RRC Polytech student.

3.3

“Supervisor” means a person who has charge of a workplace or direct authority over a Worker. This includes instructors who are in charge of Students.

3.4

“Violence” means:

1. the attempted or actual exercise of physical force against a person; or
2. any threatening statement or behavior that gives a person reasonable cause to believe that physical force will be used against the person.

3.5

“Worker” includes:

1. any person who is in an employment relationship with the College;
2. any person who is employed by any other employer to perform a service whether for gain or reward, or hope of gain or reward or not,
3. any person engaged by another person to perform services, whether under a contract of employment or not:
   1. who performs work or services for another person on College premises for compensation or reward on such terms and conditions that he is, in relation to that person, in a position of economic dependence upon that person more closely resembling the relationship of any employee than that of an independent contractor, and
   2. who works or performs services in a workplace,
4. a Student.

3.6

“Workplace” means any College-occupied building, site, workshop, structure, mine, mobile vehicle, or any other premises or location whether indoors or outdoors in which one or more workers are engaged in work or have worked.

4. Procedures

Risk Assessments

4.1

In conjunction with the Workplace Safety and Health Committees, the Environmental Health and Safety Services (“EHSS”) and Security Services departments will conduct periodic risk assessments to identify any environments, functions or issues that may have a reasonable risk of Violence associated with them. Upon completion of the risk assessments, the College will institute measures to mitigate any identified risks. Findings and recommendations of the risk assessments will be provided to the applicable Joint Workplace Health & Safety Committee as required. The applicable Joint Workplace Health and Safety Committee will discuss the findings and will have the opportunity to provide additional recommendations.

4.2

Risk assessments will include review of past incidents, records and reports. Specific job attributes that may contribute to a heightened risk of Violence to Workers include contact with the public, exchange of money, working alone or outside of normal working hours, working in security services, working in crisis counseling and intervention services, working in licensed premises within the meaning of The Liquor Control Act, and working in close proximity to entrances/exits, parking lots, and grounds, etc.

4.3

Schedule A to this policy lists specific College worksites and functions where an incident of Violence has occurred or may reasonably be at risk of occurring. Schedule A also lists particular job functions at the Workplace where a Worker may be at reasonable risk of exposure to incidents of Violence. Schedule A will be reviewed and updated by the Joint Workplace Health and Safety Committees on an as needed basis.

Reporting, Investigation and Remedial Actions

4.4

In the event that a Worker is directly affected by, or witness to, any Violence in the Workplace, the incident must be reported without delay. Workers may immediately report the incident to Security Services, or their Supervisor. Upon being informed of the incident, Security Services will immediately visit the scene of the incident. Where Security Services are not present at the Workplace, Law Enforcement will be contacted for assistance. Where the incidence of Violence is serious enough to trigger the reporting procedures listed in policy “E11 – Reporting of Accidents and Serious Incidents”, the reporting requirements listed in that policy shall take precedence.

4.5

Where policy E11 does not apply, the incident will be documented and investigated as soon as reasonably practicable by Security Services, in consultation with the Supervisor of the Worker(s) who were the victims of, or witnesses to, the Violence. In conducting the investigation, Security Services will consult with the applicable Joint Workplace Safety & Health Committee, and may also consult with other College departments where advisable. Upon conclusion of the investigation, the Supervisor will produce a report documenting the incident and outlining control measures to be implemented in order to prevent a reoccurrence of the Violence.

4.6

Upon the completion of the report referred to in Section 4.5, the Supervisor will implement the recommended control measures in a timely manner. Where the recommended control measures affect more than the Supervisor’s department, the applicable Joint Workplace Safety and Health Committee, EHSS and Human Resource Services will work together to ensure a timely implementation of the control measures.

4.7

Where a Worker has been subjected to Violence in the Workplace, the Worker’s Supervisor will, where appropriate, recommend that the Worker consult an appropriate health care provider for treatment or seek a referral for post-incident counseling.

4.8

The College will not disclose the name of anyone who complains about or has witnessed an incident of Violence in the Workplace, or any information that could lead to the discovery of the identity of a complainant or witness, other than where the disclosure is:

1. Necessary in order to investigate the complaint
2. Required in order to take corrective action in response to the complaint; or
3. Required by law.

Where information is disclosed in the circumstances described above, the amount of information disclosed shall be the minimum amount to accomplish the permitted purpose.

4.9

The College will inform Workers of the risk of Violence to them in their Workplace. This includes providing Workers with any information in the College’s possession about the risk of violence from persons who have a history of violent behavior and whom Workers are likely to encounter in the course of their work or learning.

4.10

Should a Worker have a court order (also known as a restraining order or “no-contact” order) against an individual, the Worker is encouraged to notify College Security Services of the situation and provide them with a copy of that order. Security Services will notify the appropriate Supervisor with respect to such a court order, and together they will take reasonable steps to further protect the affected Worker from Violence.

4.11

On an annual basis, the College will prepare a report that compiles:

1. The records of incidents of Violence to a Worker in the Workplace;
2. The results of any investigation into an incident of Violence, including a copy of:
   1. Any recommendations for control measures or changes to the violence prevention policy; and
   2. Any report involving Violence that was investigated pursuant to policy “E11 – Reporting of Accidents and Serious Incidents”
3. The control measures implemented as a result of an investigation into an accident.

The annual report will be provided to each Joint Workplace Safety and Health Committee at the College. EHSS will keep each annual report on file.

5. Responsibilities

5.1

Supervisors are responsible for producing a report documenting an incident of violence that occurred in the area for which they are responsible, and implementing control measures to prevent a recurrence of the incident.

Supervisors are responsible for recommending that Workers subjected to Violence in the Workplace be referred to a health care provider for treatment, or be referred to a counselor for post-incident counseling.

Supervisors are responsible for relaying information to Workers about the potential for Violence in their Workplace.

Where a court order has been submitted to the Supervisor, the Supervisor will forward it to Security Services for handling.

5.2

Workers must immediately report incidents of Violence or threats of violence in the Workplace of which they become aware.

Workers are encouraged to seek treatment from a health care professional or counselor, as appropriate, if they have been subjected to Violence in the Workplace.

Workers are encouraged to notify their Supervisors of any court orders they may have against particular individuals.

5.3

Security Services will attend upon the scene of an incident of Violence in Workplaces where Security Services are present.

Security Services will lead investigations with respect to any incident of Violence.

Where they are made aware of a Worker’s court order against another person, Security Services, in consultation with the Worker’s Supervisor, will take additional reasonable steps to protect the Worker from Violence.

5.4

The Joint Workplace Safety and Health Committees shall review risk assessments to identify issues related to potential Violence.

The Joint Workplace Safety and Health Committees will update Schedule A on an as needed basis.

5.5

EHSS shall keep copies of all documentation, reports and records generated as a result of this policy.

6. Enforcement

6.1

Those who violate this or other safety related policy may be subject to disciplinary action.

6.2

The College may take additional steps to protect Workers from Violence, including limiting access to the College through the provisions of The Petty Trespass Act.

Related Policies and Legislation

Workplace Safety and Health Act C.C.S.M. c. W210
Part 12 of the Manitoba Workplace Safety and Health Regulation W217/2006
Manitoba Government and General Employees’ Union Collective Agreement
Terms and Conditions of Employment for Staff Excluded from the Bargaining Unit

2.0 Global Executive Limitation – Executive Limitation Board of Governors Policy Manual

E1 – Safety
E6 – Hazardous Waste Management
E7 – Personal Protective Equipment
E10 – Use of Equipment for Personal Use
E11 – Reporting of Accidents and Serious Incidents
E12 – Working Alone
H1 – Harassment & Discrimination
U1 – Use of College Facilities
S1 – Student Code of Rights and Responsibilities

Schedule A

Identified Potential Risk Worksites And Functions

Violence Control Measures:

1. Physical Security Audit of work locations (Security Services).
2. Review and Development of related Safe Work Procedures. Examples may include procedures for locking an area, cash handling, working alone and/or hours of work etc. Train staff in the SWP’s. (Department/EHSS/ Security Services).
3. Training/Awareness of the following College documents: Worrisome Behavior Protocol, Violence Prevention Policy and Emergency Preparedness Information (Department/Security Services/EHSS).

High Risk:    Control Measures: A/B-if applicable/C

Security Services
Food Services/Print Shop/Bookstore
Health Services
Counselling Services
Enrollment Services
Human Resources
MGEU staff
Discrimination Officer
Dean of Student Services
College Executive
SA executive

Medium Risk:    Control Measures: A upon request/B-if applicable/C

Chairs/Coordinators/Deans/Academic Administrative Assistant
Students
Library
Instructors
Staff who work at night/evenings
Staff/students at regional sites without on-site security

Low Risk:    Control Measures: C

Non-Academic Administrative Staff