Paul Berry District Principal, Health and Safety School District No. 71 (Comox Valley)

Paul Berry District Principal, Health and SafetySchool District No. 71 (Comox Valley)

Preventing Workplace Bullying

and Harassment

Training Materials for School District No. 71 (Comox Valley) Staff

November 2013

o Why a Health and Safety Concern?o Workers Compensation Acto Recognizing what is and is not workplace

bullying and harassmento Employer, supervisor and worker obligationso Reporting procedureso Investigating incidents or complaintso What co-workers can do to stop bullying and

harassmento Talking to a bullyo Scenarioso Additional information-your questions

Workplace bullying and harassment might result in:o health and safety issues- Section 5.1 Mental Disorder

Claims;o distracting someone who is performing dangerous

tasks;o physical and/or psychological injury;o lower productivity;o lower morale;o higher absenteeism;o staff turnover — targets of bullying and harassment

and their co-workers.

http://www2.worksafebc.com/Publications/Multimedia/Videos.asp?ReportID=37267

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Duties of employers (sect:115), workers, (sect:116) and supervisors (sect: 117)o ensure or protect health and safety;o includes workplace bullying and harassment;o inform, instruct, train and supervise;o take reasonable steps to prevent and or

remedy hazardous situationso bullying and harassment

o Behaviour that humiliates or intimidateso Examples might include:

o verbal aggression or insults;o vandalizing personal belongings; o sabotaging work;o spreading gossip or rumours;o humiliating initiation practices/hazing;o personal attacks based on private life, personal traits;o aggressive/threatening gestures;o cyber-bullying;o physical assaults.

o Can come from co-workers, supervisors, employers, external sources

Bullying and Harassment includes:o inappropriate conduct or comment(s) by a

person towards a worker;o the person should have known or reasonably

ought to have known that the conduct was humiliating or intimidating.

o expressing differences of opinion;o offering constructive feedback;o making a legitimate complaint about another

worker’s conduct;o Reasonable management action, including

decisions about: job duties and work to be performed; workloads and deadlines; layoffs, transfers, promotions, and reorganizations; work instruction, supervision, or feedback; work evaluation; performance management; discipline, suspensions or terminations.

o ensure health and safety;o draft a workplace policy statement;o prevent or minimize bullying and

harassment;o develop reporting procedures;o develop procedures for dealing with

investigating incidents or complaints;o inform, instruct, train workers and

supervisors.

Supervisor’s duties includes:onot engaging in bullying or harassment of workers, other supervisors, the employer or persons acting on behalf of the employer; andoapplying and complying with the employer’s policies and procedures on bullying and harassment.

o protecting own safety;o protecting the safety of others;o take reasonable steps to prevent and address hazardous

conditions;o not engaging in bullying or harassment of other workers,

supervisors, the employer or persons acting on behalf of the employer;

o reporting if bullying or harassment is observed or experienced in the workplace - a requirement under legislation;

o applying and complying with the employer’s policies and procedures on bullying and harassment.

Hazardous Conditions = Bullying and Harassment

Worker’s duties includes:

o Workplace bullying and harassment is unacceptable and not tolerated

Policy 3065 and 3065R1(Regulation) Bullying and Harassment Prevention

Policy 3065Bullying and Harassment

Preventionhttp://www.sd71.bc.ca/sd71/policy_manual/manual/3065.pdf

1. The Board and its employees recognize the right and responsibility of employees to work in an environment free from bullying and harassment.

2. It is in the interests of all concerned that the Board and its employees cooperate in attempting to resolve, in a confidential manner, any complaints of workplace bullying and harassment which may arise in work-related situations.

3. It is in the interests of all concerned that those who conduct business with the Board and its employees do so in an environment free from workplace bullying and harassment.

4. Complainants who are covered by a collective agreement shall follow the provisions of their applicable collective agreement. This policy covers circumstances where the employee complainant does not have specific recourse through a collective agreement.

5. The Board affirms that workplace bullying and harassment is not acceptable and will not be tolerated.

Procedures for Reporting, Investigation and Remedy

Reporting the Incident

Persons who believe that they are being bullied or harassed should take the following steps to stop the harassment and prevent reoccurrences:

• communicate immediately their disapproval or unease to the offending person;

• if unable or unwilling to do so, to report the incident to an appropriate third party, and keep a written record of dates, times, the nature of the behaviour, and witnesses, if any;

• if the incidents do not stop after item #1, individuals who believe that they have been bullied or harassed should report the incident(s) to the immediate supervisor;

• if the alleged bully or harasser is the immediate supervisor, the report should be directed to the Superintendent of Schools or designate;

Procedures for Reporting, Investigation and Remedy cont..

Reporting the Incident (continued)

• at all times, incidents of a serious nature should be reported to the immediate supervisor or, if the alleged harasser is the immediate supervisor, to the Superintendent of Schools or designate;

• if the alleged harasser is the Superintendent of Schools, the report should be directed to the Chair of the Board of Education.

Investigation

•Complaints of alleged harassment shall be handled with all possible confidentiality, sensitivity and dispatch by the immediate supervisor. If deemed desirable, when receiving a report, the Superintendent of Schools or designate, (or the Board Chair) may refer the matter to a third party to undertake an investigation and provide a report.

•In some cases the immediate supervisor or senior district official may choose to involve representatives of the Union(s) to resolve the matter, particularly when the dispute is between two members of the same Union(s). •If the complainant consents, a meeting may be sought with the alleged bully or harasser with a view to resolving the dispute on the basis of a resolution that is satisfactory to the complainant and the harasser.

•The name of the complainant or the circumstances of the complaint will not be disclosed to any person except where disclosure is necessary to investigate the complaint, or to take related disciplinary measures, or where disclosure is provided for at law. No documentation on the harassment will be placed in the complainant's personnel file.

Investigation cont…

•If the investigation fails to find evidence to support the complaint, there will be no documentation concerning the complaint placed in the file of the alleged harasser.

•In all circumstances, an individual who is accused of harassment will be given the opportunity to fully explain themselves to the investigator and have those explanations properly considered.

•At any time during the course of the investigation the parties may reach resolution or settlement of the matter. Where both parties agree, mediation may be used to facilitate resolution. Any resolution or settlement agreement reached shall be put in writing and signed by both parties. At this point the process is discontinued.

Where it is found that bullying or harassment has occurred the following may be forms of action:

• education and training of individuals or groups;

•monitoring of the behaviour of individuals or groups in the workplace and/or learning environment;

•effecting changes in the workplace and learning environment including but not limited to transfers, reassignments, and schedule changes;

•corrective and/or disciplinary action ranging from warnings up to and including dismissal;

•other strategies designed to eliminate and/or prevent harassment and any other remedies or penalties appropriate to the particular circumstances of the matter;

Resolution of Bullying and Harassment Complaints Policy 3065R1

Resolution of Bullying and Harassment Complaints Policy 3065R1 Cont…

•review of related policies, procedures and/or practices in the workplace;

•should the Superintendent of Schools or designate, (or the Board Chair) conclude that a complaint is not filed in good faith she/he will consider appropriate disciplinary actions;

•persons who make bona fide complaints of harassment will not be subject to threat of reprisal or discipline.

 The extent to which employers are required to involve worker and employer representatives of the site health and safety committee, as well as whether the employer must provide the site health and safety committee with the results of a bullying and harassment investigation, is currently being reviewed for further policy development by WorkSafeBC. Further direction on the obligations of employers in conducting investigations will be communicated by that policy. While more detailed policy on the role of the site health and safety committee is being developed, it is important to note that section 115(2)(g) of the Act requires employers to consult and cooperate with site committees and worker health and safety representatives at the employer's workplace. It is expected that employers will engage in ongoing consultation with the site health and safety committee or worker health and safety representative regarding the nature and effectiveness of their bullying and harassment program, and to engage with the site health and safety committee in the course of the annual review.

Printed from the WorkSafeBC OH&S Guidelines

INVOLVING THE SITE SAFETY COMMITTEE IN

THE INVESTIGATION

http://www2.worksafebc.com/Publications/Multimedia/Videos.asp?ReportID=37264

Note: Please click on the link below to view the video.  Once the video has played, click your browser’s ‘back’ arrow to continue on with the training presentation.

• listen to the target;• don’t gossip;• offer support (e.g. employee assistance

program, counsellor);• document details of what you see to share in

an investigation;– Dates– Details– Witnesses

• tell the bully to stop.

http://www2.worksafebc.com/Publications/Multimedia/Videos.asp?ReportID=37265

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If you are the target of, or witness to, bullying and harassment: tell the bully what behaviour was

inappropriate; make it clear the behaviour is unwanted and

unacceptable; stay calm; don’t retaliate; report it.

http://www2.worksafebc.com/Publications/Multimedia/Videos.asp?ReportID=37266

Note: Please click on the link below to view the video.  Once the video has played, click your browser’s ‘back’ arrow to continue on with the training presentation.

Please sign the acknowledgement of completion of this training on the New Employee document list.

Thank you.

(rev. Mar 6/14)