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Violence & Harassment Policy

PURPOSE:

Every member of the workforce (includes employees, contractors, self-employed persons and prime contractors) are entitled to a work environment that is free from discrimination, harassment, bullying and violence. Our policy is that discrimination, harassment, bullying and violence in or connected to the workplace is a serious offence and will not be tolerated.

SCOPE:

This policy applies to all worksite and the entire employee base, contactors, self-employed persons, and/or prime contractors at all company owned and/or manned sites.

POLICY:

Rohde & Liesenfeld Canada believes in the prevention of workplace discrimination, harassment, bullying and violence and promotes a workplace in which all people respect one another and work together to achieve common goals. Any act of discrimination, harassment, bullying or violence committed by or against any member of our workforce will not be tolerated.

Any reports of workplace discrimination, harassment, bullying or violence will receive serious consideration, be thoroughly investigated and be resolved promptly and fairly. All information related to complaints of discrimination, harassment, bullying or violence will be kept confidential to the fullest extent reasonably possible.

It is the responsibility of each and every worker to comply with this policy and ensure the workplace remains free from discrimination, harassment, bullying and violence.

Every person has a right to equal treatment with respect to employment without discrimination related to personal characteristics protected by human rights legislation. Personal characteristics protected by human rights legislation include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed and/or religion, sex, sexual orientation, age, record of offences and/or convictions for which a pardon has been granted, marital status, family status or disability. Where there is a legal duty to accommodate, Rohde & Liesenfeld Canada will accommodate the employee to the point of undue hardship, in accordance with its obligations pursuant to human rights legislation.

Any questions regarding the application of this Policy should be directed to a member of Rohde & Liesenfeld Canada Human Resources Management Team.

DEFINITIONS:

Accommodation:

In employment, accommodation means adapting employment practices, systems or the work environment or providing support mechanisms to enable an employee or applicant to meet the legitimate requirement, factor or qualification in the workplace that has created a barrier based on the individual’s employee rights protected by human rights legislation. The duty to accommodate exists up to the point of undue hardship.

Bullying:

Bullying is the act of repeatedly exposing the victim to negative actions causing emotional, psychological, and/or physical harm. These negative actions are intentional and hurtful and can be expressed in verbal, physical or electronic form. Bullying involves an imbalance of power, creates fear, is not gender specific and creates a hostile work environment for the victim.

Discrimination:

Discrimination means improper differential treatment in or connected to the workplace related to any of the personal characteristics protected by human rights legislation.

Sexual Harassment:

Sexual harassment refers to any sexually oriented conduct, verbal, physical or by innuendo that is objectionable or offensive and creates a negative working environment. It refers to behaviours which is not welcome, which is personally offensive, which debilitates morale, and which, therefore, interferes with work effectiveness.

Unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to the conduct is made either an explicit or implicit condition of employment;
Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed R&L workforce member; or
The harassment substantially interferes with the workforce member’s work performance or creates an intimidating, hostile, or offensive work environment.

Undue Hardship

Each accommodation situation must be assessed on its own set of circumstances to determine if the organization has reached the point of undue hardship. Factors that constitute or may contribute to undue hardship include: insupportable costs, substantial disruptions of operations, and health and safety considerations.

Workplace:

A workplace means any land, premises, location or thing at, upon, in, or near which a worker is engaged in R&L business activities in the performance of their work. This includes but is not limited to company owned or leased facilities and vehicles and client facilities when R&L employees are present in the course of performing their work. Workplace encompasses all areas of a facility including, but not limited to washrooms, cafeterias, locker rooms, etc.

Workplace Harassment:

Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Harassment includes conduct related to any of the personal characteristics protected by applicable human rights legislation (sex, sexual orientation, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed and/or religion, age, record of offences and/or convictions for which a pardon has been granted, marital status, family status or disability) (“discriminatory harassment” or “sexual harassment”). Harassment also includes conduct that is known or reasonably ought to be known to be unwelcome that is not related to any of these characteristics and that detracts from another individual’s ability to participate in a healthy and respectful work environment.

Workplace Violence means/includes:

The exercise of physical force by a person against a R&L workforce member in a workplace that causes or could cause physical injury to the member,
An attempt to exercise physical force against a R&L workforce member in a workplace that could cause physical injury to the member.
A statement or behaviour that it is reasonable for a R&L workforce member to interpret as a threat to exercise physical force against the member in a workplace that could cause physical injury to the member.

RESPONSIBILITIES:

A R&L Workforce Member’s Responsibility with Respect to Discrimination, Harassment, Bullying or Violence:

Maintain a safe work environment;
Avoid engaging in discrimination, harassment, bullying or violent, threatening, intimidating or disruptive behaviours;
Promptly report any incident where the employee is subjected to, witnesses, or has knowledge of discrimination, harassment, bullying or workplace violence, or has reason to believe that workplace violence may occur;
Cooperate with investigations under this policy;
Maintain confidentiality over information provided and obtained in any investigations in accordance with this policy; and
Otherwise comply with the terms of this policy.

R&L’s Responsibility with Respect to Discrimination, Harassment, Bullying or Violence

Management

Become familiar with and uphold the principles of this policy’
Communicate this policy and its procedures to all employees;
Conduct annual workplace violence hazard assessments to determine whether employees are at risk;
Take required actions to minimize or eliminate the risk of workplace discrimination, harassment, bullying or violence; and,
When a victim of domestic violence has informed R&L that domestic violence or a threat for domestic violence exists, management shall take all measures necessary to ensure that the victim is protected while at work.

Health and Safety Department

Assist the Management Team to implement this policy,
Develop procedures and initiate the annual review of this policy’ and
Participate in incident investigations,

A R&L Workforce Member’s Responsibility with Respect to Accommodation

An employee who requires accommodation shall follow the following process in requesting accommodation:

The employee must advise his or her company contact of his/her need for accommodation in a timely manner;
The employee must provide all relevant information required to assist the employer in assessing the employee’s request, including medical reports which clearly set out the restrictions, functional abilities and accommodation needs of the employee and information from other external professional or officials;
The employee must co-operate in the search for accommodation and in the implementation of accommodation; and
The employee must accept offers of reasonable accommodation from the Employer.

R&L Responsibility with Respect to Accommodation

R&L will receive and assess the employee or applicant’s request for accommodation in order to determine if the request is one to which human rights legislation applies;
R&L will determine what information is required in order to carry out this assessment and/or to ascertain the nature of the accommodation required and will request the employee to provide this information;
Where there is a legal duty to accommodate, R&L will accommodate the employee or applicant to the point of undue hardship;
R&L will maintain any information provided by the employee or applicant in as confidential a manner as possible and only will release information to those who need o know in order to assist in identifying accommodations and/or in implementing accommodations for the individual;
In the event an accommodation cannot be provided, either because no accommodation is possible or because the accommodation would cause undue hardship, R&L will advise the employee or applicant of this fact.

PROCEDURES:

Procedure for Summoning Immediate Assistance When Needed

Examples: Immediate danger; weapons involvement; physical injury related to a violent behaviour; and obvious signs of abusive threatening behaviour.

For immediate threats of violence, assaults or other violent incidents contact 911 immediately.

The worker should also immediately inform their manager/supervisor or their R&L contact who ill then report to all other appropriate parties.

Procedure for Reporting Incidents o workplace Discrimination, Harassment, Bullying or Violence

The complaint procedures apply to R&L ‘s entire workforce regardless of whom the offender I, e.g. a third-party contractor or self-employed person or customer. If the offender is a non-R&L person, the Senior Manager will work jointly with an appropriate external body to resolve the issue.

All R&L workforce members who feel they have been subjected to, or have witnessed, discrimination, harassment, bullying or violence are requested to immediately report the incident to their R&L contact, unless that individual is the offender, in which case the incident should be reported directly to the senior management.

Any person subjected to workplace violence should, where appropriate, go to a safe location at the workplace and report the incident to their R&L contact so that the incident can be investigated and addressed. If their employer contact is the offender, the victim should report the incident(s) directly to the senior management.

Procedure for Investigating a Complaint

In an emergency situation of workplace violence, the R&L contact must:

First ensure the safety of the workers and him/herself;
Ensure proper medical treatment is provided or sent for;
Contact the authorities as soon as possible, (Police or Ministry of Labour, where appropriate), to report the incident;
Contact management and the co-chairs of the Joint Work Site Health and Safety Committee, as soon as possible, to assess who should be involved in the investigation;
After the situation is under control, the employer shall record the investigation of the violent incident.

In a situation of a complaint of discrimination, harassment, bullying or no-emergency workplace violence the employer contact will gather basic information about the complaint such as:

Date of the incident(s),
Names of parties involved,
General description of the incident.

The above information will be provided to the senior management in written format by the employer contact and together they will determine the appropriate next steps.

The management and joint work site health and safety committee representative or health and safety representative will lead the investigation which will conclude with a written report that will be provided to both the complainant and the alleged offender. The report will include:

Date of receipt of the complaint,
Date of the incident(s),
Identification of the complainant,
Identification of the accused and witnesses, and the actions complained of, including all relevant background facts and circumstances,
A statement detailing the scope of the investigation that has been undertaken and the results thereof; and
Where possible, a statement of corrective measures.

In cases involving charges of discrimination, harassment, bullying or violence, all parties involved will be given the utmost protection of privacy and confidentiality. The identity o the parties involved, or the circumstances of the complaint will not be disclosed, except where disclosure is necessary for the purposes of investigating or where such disclosure is required by law.

Discipline Procedures

Where discrimination, harassment, bullying or violence has been substantiated or for a R&L workforce member, corrective action up to and including immediate termination of employment (if warranted) will be taken based on the severity of the incident, taking into consideration the persistence of the offender, severity of the behaviour, co-operation and willingness to change. The same principles apply to R&L workforce members who interfere with the investigation or resolution of a complaint under the policy or who retaliate against R&L workforce members who file complaints in good faith or who otherwise participate in investigations under this policy. Other persons who subject any other person to workplace discrimination, harassment, bullying or violence or allow or create conditions that support workplace discrimination, harassment, bullying or violence may be removed from the workplace.

Where discrimination, harassment, bullying or workplace violence has not been substantiated, no action will be taken against the complainant as long as the complaint was made in good faith. It will be unacceptable for anyone to hold the event against either the complainant in the case of a complaint made in good faith or the accused in the case of an unfounded complaint. No action will be taken against individuals who make requests for accommodation in good faith.

REFERRING COMPLAINS EXTERNALLY:

Nothing in this policy prevents or discourages a R&L workforce member from referring to a harassment, bullying or workplace violence complaint to Occupational Health and Safety at Alberta Labour or the Human Rights Commission. A R&L employee retains the right to exercise any other legal avenues available.

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May 21, 2016 6:45 pm MST

Violence & Harassment Policy Uploaded by Rohde & Liesenfeld - [email protected] IP 69.168.163.58