Violence & Harassment Policy
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.
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.
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.
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 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 means improper differential treatment in or connected to the workplace related to any of the personal characteristics protected by human rights legislation.
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:
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.
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 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:
A R&L Workforce Member’s Responsibility with Respect to Discrimination, Harassment, Bullying or Violence:
R&L’s Responsibility with Respect to Discrimination, Harassment, Bullying or Violence
Health and Safety Department
A R&L Workforce Member’s Responsibility with Respect to Accommodation
An employee who requires accommodation shall follow the following process in requesting accommodation:
R&L Responsibility with Respect to Accommodation
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:
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:
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:
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.
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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Document Name: Violence & Harassment Policy
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