HomeMy WebLinkAboutPR 645 HS - Domestic Violence in the Workplace- 1 - PR.645.HS
PROCEDURE PR.645.HS
TITLE: DOMESTIC VIOLENCE IN THE WORKPLACE
Date issued: 08 June 2011 (as part of PR.680.HS)
Last revised: 30 September 2014
Authorization: Senior Staff: 30 September 2014
1.0 OBJECTIVE
To establish processes for responding to and reporting risks associated with domestic violence
that may have an impact on the workplace as part of a workplace violence prevention program
that supports the Ottawa-Carleton District School Board’s (OCDSB) commitment to promoting a
violence-free working and learning environment and preventing workplace violence for all
workers.
2.0 DEFINITIONS
In this procedure,
2.1 Board means the Board of Trustees.
2.2 District refers to the Ottawa-Carleton District School Board.
2.3 Domestic Violence means a pattern of behaviour used by one person to gain power and
control over another with whom he/she has or has had a familial or intimate relationship.
This pattern of behaviour m ay include physical violence, sexual, emotional and
psychological intimidation, verbal abuse, stalking and using electronic devices to harass
and control.
2.4 Supervisor means the person designated by title and practice as the person having
organizational authority to direct the work of workers in a particular area. In the case of
school sites, the supervisor will be the principal or, in the principal’s absence, the vice -
principal or other designate.
2.5 Worker means any person who performs work or supplies services for monetary
compensation.
2.6 Workplace means the office, school, or other worksite where the individual is customarily
employed, and includes all other places which result from employment responsibilities or
employment relationships, including Board or committee meetings, work-related social
functions, work assignments outside the office/school, field trips, work-related conferences
or training sessions, and work-related travel.
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2.7 Workplace Violence means:
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 a worker; and
c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to
exercise physical force against a worker, in a workplace, that could cause physical
injury to a worker.
3.0 RESPONSIBILITY
3.1 The Occupational Health and Safety (OH&S) division will be responsible for:
a) providing advice and assistance to departments and schools in identifying and
addressing risk factors related to domestic violence in the workplace;
b) coordinating training related to domestic violence in the workplace; and
c) providing information to the Joint Health and Safety Committee (JOHSC), as
required to allow them to fulfill their responsibilities under the Occupational
Health and Safety Act (OH&S Act).
3.2 The Joint Health and Safety Committee (JOHSC) will be responsible for:
a) receiving reports of incidents of domestic violence in the workplace; and
b) making recommendations to the employer with respect to preventing and/or
addressing hazards associated with domestic violence in the workplace.
3.3 Supervisors will be responsible for:
a) responding to potential or actual risks of domestic violence that occur within their
work location;
b) ensuring workers are aware of any potential or actual workplace hazards related to
domestic violence in the workplace that may place them at risk;
c) taking every reasonable precaution to protect workers from injury resulting from
domestic violence in the workplace;
d) developing domestic violence safety plans, as required, in consultation with
appropriate staff;
e) ensuring workers have received information and instruction in the nature and
recognition of the risks specific to their job or assignment, as well as the
procedures/safety measures that minimize the risks;
f) where personal protective equipment (PPE) has been deemed reasonable and
necessary in the circumstances, as a measure of last resort, ensuring that affected
workers receive appropriate training and instruction on its use; and
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g) ensuring procedures are in place when workers are absent to make casual
replacement workers aware of any risks and either have the necessary information
and instruction or are supported by additional workers who have the necessary
information and instruction.
3.4 W orkers will be responsible for:
a) following safe work procedures established by the employer to prevent domestic
violence in the workplace;
b) reporting all risks and incidents of domestic violence in the workplace in
accordance with the procedures established by the employer; and
c) cooperating in the prevention of domestic violence in the workplace, including
following safe work processes developed by the employer for their protection and
using or wearing any protective equipment, devices or clothing that have been
identif ied by the employer for the worker’s protection.
4.0 PROCEDURES
General
4.1 The District is committed to providing a safe working environment for all workers. This
procedure applies to all workers of the District who may be victims of domestic violence
and therefore are at increased risk from domestic violence entering the workplace and
workers who may be at risk indirectly because someone in their workplace has
experienced domestic violence.
Reporting Risks of Domestic Violence in the W orkplace
4.2 A worker who is a victim of domestic violence that may expose him/herself or colleagues to
physical injury in the workplace is strongly encouraged to report the situation to his/her
supervisor.
4.3 A worker who becomes aware that a co-worker is the victim of domestic violence which
may expose them or others to physical injury in the workplace will report the situation to
their supervisor.
4.4 W hen a supervisor becomes aware, or ought reasonably to be aware, that a worker may
be exposed to domestic violence, the supervisor will:
a) discuss the situation with the affected worker and, in consultation with other staff, as
required, develop an appropriate domestic violence safety plan;
b) encourage the affected worker to seek professional assistance in the development
of a personal safety plan and, where one is developed, incorporate it into the
domestic violence employee safety plan, where possible;
c) encourage the affected worker to report the matter to the police if he/she has not
already done so;
d) encourage the affected worker to seek a restraining order and include the workplace
in any restraining order;
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e) encourage the affected worker to report further incidents of domestic violence to the
supervisor;
f) provide the affected worker with information about the District’s Employee and
Family Assistance Program (EFAP);
g) treat all information provided by the worker as strictly confidential, except where it is
necessary to share it with other workers in order to ensure their safety; and
h) where there is an imminent risk of serious harm, contact the police directly for
assistance.
4.5 In the event the worker denies that he/she is experiencing domestic violence, the
supervisor will:
a) provide the worker with assurance that supports are available;
b) explain to the worker the supervisor’s responsibility for workplace safety and
strongly encourage the worker to disclose at any time workplace safety becomes
a concern; and
c) continue to monitor the situation for signs of additional abuse or any concerns
related to workplace safety (e.g., frequent phone calls, harassing phone calls) and
contact the police immediately in the event violence occurs at the workplace.
Domestic Violence Employee Safety Plan
4.6 A domestic violence employee safety plan that is developed in response to domestic
violence should consider the following:
a) increased security measures for the victim while at work or travelling to and from
work (i.e., panic buttons, caller identification., door security, code words, photo of
abuser made available, escorts to car or public transportation);
b) ensuring a mechanism is in place at all times in the workplace to summon
immediate assistance;
c) record-keeping options for retaining/collecting evidence (i.e., threatening voice mails
or emails) that may be relevant in a subsequent legal proceeding;
d) establishing an emergency contact person if the employer is unable to reach the
worker; and
e) establishing alternative work arrangements to adjust the worker's schedule or
location in order to increase the worker's safety, where possible.
4.7 If the threat of domestic violence is from someone outside of the workplace, the supervisor,
under advice f rom Human Resources, must ensure that all reasonable steps have been
taken in the safety plan and its implementation, for the protection of the affected worker(s).
a) The domestic violence safety plan will be prepared by the supervisor in consultation
with the worker, the superintendent, Human Resources, police
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services and any other appropriate resources, based on the information provided by
the worker, in terms of documentation.
b) The documentation for the domestic violence safety plan development may include
a copy of court orders, police report and/or photograph of the alleged perpetrator. A
sample domestic violence safety plan is attached as Appendix A – Domestic
Violence Employee Safety Plan.
c) The supervisor will provide information to co-workers who need the information in
order to ensure their safety. This information will also include provision for
summoning assistance in the event the alleged aggressor appears on site. Prior to
sharing any information with other workers, the supervisor will discuss with the
victim who needs to be informed, what information will be shared, and that the
information will be shared with an expectation of strict confidentiality.
4.8 W here the threat of domestic violence is from a co-worker, the supervisor, under advice
f rom the superintendent, Human Resources, police services and any other appropriate
resources, must take steps to ensure the victim and other workers are protected. In
addition to the steps set out in paragraph 4.6, such steps may include, but are not limited
to, warnings, employee transfers, informing police, and requesting restraining orders.
Information and Instruction for Supervisors and W orkers
4.9 The District and/or supervisor will ensure that all workers are made aware of the existence
and contents of the District policy, procedures and any applicable programs with respect to
domestic violence in the workplace.
4.10 The District and/or supervisor will ensure that workers are knowledgeable, including
information and instruction required to minimize the risk of domestic violence in the
workplace to which they may be exposed in the course of their regular duties.
4.11 The District will ensure that supervisors are provided with sufficient information and
instruction regarding the process for reporting and responding to incidents of domestic
violence in the workplace, including the following:
a) their obligations under the OH&S Act for the protection of workers; and
b) guidance on how to respond to situations involving risks associated with
domestic violence.
4.12 The District will ensure that workers are provided with sufficient information and instruction
regarding the process for reporting and responding to incidents of domestic violence in the
workplace, including the following:
a) their obligation to report known hazards and risks of domestic violence in the
workplace to their supervisor; and
b) their rights under the OH&S Act with respect to protection from risks associated with
workplace violence.
5.0 APPENDICES
Appendix A – OCDSB 959 Domestic Violence Employee Safety Plan
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6.0 REFERENCE DOCUMENTS
Board Policy P.132 HS Violence in the W orkplace
Board Policy P.058 HS Occupational Health and Safety
Board Policy P.032.SCO Safe Schools
Board Policy P.009.HS Respectful W orkplace (Harassment
Prevention) Board Policy P.125.SCO School Board Code of Conduct
Board Policy P.123.SCO Bullying Prevention or Intervention
Board Procedure PR.624 HS Refusal to W ork
Board Procedure PR.680.HS Violence in the W orkplace
Education Act s.264 Duties of Teacher
Education Act s.265 Duties of a Principal
Ontario Occupational Health and Safety Act R.S.O. 1990 (as amended June 15, 2010)
Criminal Code of Canada