A recent news item had people snickering, and the media making hay out of it.  It seems some supervisor working for the City of Mississauga took it on himself to administer his own version of discipline on workers.  This included spankings and duct taping.  Perhaps a dominatrix in the work place is next.

 

Forgive me, I’m not trying to add to the humour over these incidents.    They are perfect examples to illustrate that workplace violence comes in all shades.   What happened in Mississauga is no less workplace violence than someone who starts throwing punches or wielding a weapon against co-workers.   Some of us may have found the Mississauga incidents funny, but it wasn’t to the workers who were subjected to it.  Imagine their humiliation, and sense of powerlessness, to submit to this nonsense where they earn their livings.  Thankfully someone stepped up to lodge a complaint against this supervisor.

 

It’s a timely anecdote, because Ontario is mandating that employers implement specific provisions set out in Bill 168, the amendments to the Health and Safety Act regarding workplace violence and harassment.    The deadline is June 15, 2010.

 

Willis Newton, president of W.N. Associates, HR consultants, who has written and dealt with issues related to workplace violence, summarizes what typifies workplace violence and harassment: 

 

• Threatening behaviour – such as shaking fists, destroying property or throwing objects.
• Verbal or written threats – any expression of intent to inflict harm.
• Harassment – any behaviour that demeans, embarrasses, humiliates, annoys, alarms or verbally abuses a person and that is known or would be expected to be unwelcome.
• Words, gestures, intimidation, bullying, or other inappropriate activities.
• Verbal abuse – swearing, insults or condescending language.
• Physical attacks – hitting, shoving, pushing or kicking.

 

Beyond complying with Bill 168 to avoid fines or criminal prosecution, employers should care a lot about potential violence and harassment in their workplaces.   Both the victims and victimizer represent lost productivity and declining employee morale that perpetuates poor performance.  And of course, there is the potential for catastrophic consequences of a violent incident.

 

According to Willis Newton, there are warning signs and circumstances that point to an employee who may be prone to act violently.  These include a wide range of behaviours, from crying, sulking, and temper tantrums, to complaints of victimization, blaming others, abusive language and gestures, lateness and absenteeism.  A key signal is if the person’s behaviour has notably changed, and if disruptive behaviours are happening frequently.

 

But, cautions Newton, don’t jump to conclusions.  “It is extremely important to understand that the following behaviours do not mean a person will become violent, but they may indicate that the person is experiencing high levels of stress.”  He suggests that professional judgement or outside assistance may help to determine if employer intervention is necessary.

 

That’s why it is important to engage employees in assessing the potential for workplace violence, and to put in place policies and programs that address risks and issues that have been revealed.  And that’s exactly what the Ministry of Labour expects employers who have more than five employees to do to comply with Bill 168 amendments:

 

• Establish workplace violence and harassment policies and train employees in them
• Complete risk assessments of the possibility for workplace violence or harassment and provide this information to employees
• Disclose incidents of workplace violence and harassment with the joint health and safety committee and any risk assessments undertaken
• Provide information to specific employees about the risk of workplace violence from a co-worker with a history such behaviour
• Establish a process for employees to report instances or risks of workplace violence and harassment
• Discipline employees for not following workplace violence and harassment policies or for committing workplace violence or harassment
• Offer a confidential employee assistance program to allow employees subject to workplace violence or harassment, or those with personal problems, to seek help;
• Ensure that proper security measures are in place at the workplace to protect workers from members of the public or customers
• Have reasonable measures in place to respond to the potential of domestic violence spilling over into the workplace.
• Keep detailed records of any workplace violence or harassment, investigation or work refusal.

 

This may sound like a tall order in short order, but it actually isn’t.  Most organizations have some policies and procedures on violence and harassment that can be reviewed and the gaps filled.  And there is support out there with templates and surveys for risk assessments and employee input that can quickly be adapted to your needs.  You don’t need to be a lawyer to do this work, but you may need one if there is an incident in your workplace and you don’t have your policies and program in place.

 

June 15, 2010, isn’t the date to start working on Bill 168 compliance, it’s the deadline. But even if you can’t meet that date, at minimum get started so that you can show you have your due diligence underway and will comply.  And at the risk of sounding mercenary, it doesn’t hurt to be able to demonstrate that you have some professional support.

 

Perhaps the best way to get motivated over Bill 168 requirements isn’t to look at it as a layer of administrivia added to your workload.  What you’re doing will enhance your work environment, and it could well be a lifesaver.  There are no better reasons for employers to get on with it.

 

Bill Hozy is helping employers of all sizes comply with Bill 168 bill.hozy@PlanningStop.com

 

 

Willis Newton helps employers address serious Human Resources issues willis@wnassociates.com