Bill 168Occupational Health

and Safety Act Amendment

June 15, 2010

Training on Violence and Harassment,

Policies, and Resourcestoward compliance

Revised: January 2015

Hamilton ConferenceThe United Church of Canada

Welcome, Introduction

Review of packages2 Books, 1 DVD per Congregation1 Duotang folder per participant

Holy Manners Commitment*Toward safe, just, respectful

communities of faith(*a resource you can also take back to your

congregational board/council, M&P, and other committees)

Holy Manners*Our Commitment to the Creation of Safe Space** 

We come to this space knowing that God loves us as we are and yearns for us to be in closer relationship with all of God’s beloved. In our behavior, our words, and our attitudes we promise to relate to one another with:

Respect Humility Patience Open mindedness Courage Compassion

And we promise to treat ourselves with kindness.

 

Keeping God at the centre, we will:

Listen empathetically to others with our whole selves:

our physical senses, intuition, imagination, and intellect Speak for ourselves in the spirit of truth and

gentleness, avoiding unhelpful judgments, generalizations, and stereotypes

Allow others to speak without interruption Pause before speaking to ponder what others are

saying and what we feel Affirm the deep wisdom of silence

….

Be sensitive to differences in the way we each communicate and learn

Keep confidentiality Keep the discussion at the table Commit to holding one another to account

when we do not keep our Holy Manners Honour the decisions made by the body, and Lean into God’s transformative love.

*The phrase “holy manners” comes from Behavioural Covenants in Congregations by Gil Rendle. Former United Church Moderator Marion Pardy made extensive use of the term during her time as moderator. There are a number of versions of “holy manners”.**Adapted from Our Commitment as God’s Diverse Church, by the Rev. Michael Blair and the Rev. Steve Willey, Toronto, 2008.

Micah 6:8

"God has told us what is good; and what does God require of us but to do justice, to love kindness, and to walk humbly with our God."

Purpose of the Workshop(and what we will learn)

• To provide information and resources available to each Congregation/Ministry about Workplace Violence and Harassment in their context,

• To become compliant with requirements of Bill 168 and The United Church of Canada, and

• To begin the conversation.

By the end of the workshop today, we will have learned:

1. How to define Violence and Harassment according to Ontario legislation (the Occupational Health and Safety Act and the Ontario Human Rights Code)

2. How to recognize Violence and Harassment of/by church employees (“workers”) in our workplaces/churches/ministries

3. Know what Ontario legislation requires that our churches do to implement the legislation in order to be “compliant”.

4. Know what the United Church requires that our workers, volunteers, congregants and governing bodies do re: Violence and Harassment prevention, reporting, and response;

And know that a formal complaint of harassment under Bill 168 is not the first or only way to address harassment in the church faith community.

5. Know what resources The United Church of Canada and Hamilton Conference have to assist congregations/ministries to become compliant,

and know what you must do with these resources after completing this workshop.

6. Share ideas about how to train others in our congregations/local ministries and work together,

and know where to find online forms and resources .

i iiwww.hamconf.org/violence-and-harassment-in-the-workplace-bill-168

www.united-church.ca/local/duty/caring#harassment

Hardcopy Resources2 coil-bound books (1 set per congregation)– HEART Program (with DVD at the back)– The United Church of Canada: Violence and

Harassment Policies, Procedures, Measures and Program (with DVD at the back: includes training webinar)

Extra DVD in brown envelope (1 per congregation)

Duotang folder with handouts3 policy templates

Developing Our Understanding of Workplace Violence and Harassment

and Zero Tolerance Position

Starting with legislation definitions(light pink page in duotang folder)

Definition: Workplace Harassment

* 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.

(Discussion of words and examples.)

Definition: Workplace Violence

* the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker;

* an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker;

* a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Definition: Domestic Violence

* the expression of physical force, an attempt to exercise physical force, or a threat to exercise physical force against the worker, in a workplace, that could cause physical injury,

* and is perpetrated by one or more family member against one or more family member or significant other.

(Discussion of examples in a church context)

DVD Webinar Training

Who needs to see the webinar:

All paid employees, PLUS M&P committee chair and members, Board/Council chairs and members, church school teachers, property committee members …

Where can you find the webinar:

DVD (HEART Program The United Church of Canada) in all-white, black coil bound booklet OR on separate DVD in brown envelope.N.B. Copyright restrictions: cannot post on website.

To view the webinar:Install free Adobe Reader

software

Or HEART DVD will not play

Corrections to Webinar you are about to view:

2 3 policies are required

Bill 168: “5 or more employees”

UCC: 1 or more employeesBecause no employee in the church should have to tolerate or be a perpetrator of violence or harassment.

Therefore, The United Church of Canada has chosen to apply Bill 168:

To ALL church workplaces that have One (1) or more employees

(part-time or full time)

Not just those with 5 or more employees.

Your congregation’s HEART (Harassment Education Advisory Response Team) is a partnership:

Harassment (and Violence) Education – your congregation– with support from Conference

Advisory Response Team for formal complaints – Hamilton Conference Executive (through Executive Secretary who contacts an experienced investigator)

Viewing the DVD HEART ProgramWebinar for

The United Church of Canada

(Take note of the examples of violence and harassment and how they might apply to your church and ministry)

N.B. Some of the policy references are already out of date. (See Slide #29 to follow)

IF the HEART book DVD does not play, use the brown envelope copy.

If your congregation has misplaced its training DVD:

View these video clips:How harassment can lead to violence:• https://www.youtube.com/watch?

v=BmBQXOks6lk&index=1&list=PL135E6E52B8406BC1

Bill 168 Webinar (Crisis Prevention Institute) 60 minutes

• http://www.crisisprevention.com/Resources/Webinars/Ontario-Bill-168-webinar?utm_source=YouTube&utm_medium=Social&utm_campaign=Bill168Webinar

REMEMBER:Participating in the legislation requirements is

a legal imperative and is not optional. All congregations must be compliant.

The stated intent of the legislation and policy is to be preventative and remedial,

not punitive.

1. What is a “workplace”?*for paid ministry staff, e.g. ministry

personnel, administrative, music staff?

*for other paid staff, e.g. custodian, security?

2. Have you known of an incident of violence or harassment of/by an employee in the church?

3. How would prevention, policies, etc. have been helpful?

(Discuss)

3 POLICIES:1 policy on Violence (Occupational Health and Safety2 policies on Harassment (Occupational Health and Safety and Ontario Human Rights Code)

DO NOT USE the incorrect policies in the HEART Program book pp 32-42 or policy templates on that DVD. They are out of date.

1. Electronic versions of the corrected policies are at: www.hamconf.org; click on “Bill 168: Violence and Harassment”.

2. Hard copies of revised policies are also in your all-white, black coil bound book and on the DVD in the back sleeve.

REMEMBER: DO NOT USE OLD POLICY TEMPLATES IN

“Phase 3” pages in The HEART Program book (white coil)

or its DVD

USE INSTEAD POLICY TEMPLATES in The United Church of Canada booklet and DVD

(white cover, black coil binding) Hamilton Conference website

Special Note on Ontario Human Rights Code: Harassment Policy

15 grounds regarding discrimination … Sexual Orientation (“the church has an

exemption regarding sexual orientation”)

While OHRC covers ALL faith communities and ALL churches, The United Church of Canada DOES NOT TOLERATE discrimination on the grounds of sexual orientation.

For your church policy, you may choose to delete the bracketed part after Sexual Orientation.

3. Once the 3 policy templates have been completed with your church name, each congregation shall:

a. Approve the 3 policies through the Church Board/Council. Have Chair or other official sign them.

b. Send (email scan or mail) approving Board/Council minutes and signed copies of the 3 policies to Hamilton Conference

c. Send (email scan or mail) copies(email scan or mail) of policies (only) to your Presbytery office.

d. Post your congregation’s signed policies in a public place in your church where all can see, i.e. not in a filing cabinet.

e. Tell your employees and lay leaders where the policies are posted.

f. Refer to the policies if a question arises about an issue about violence or harassment in the workplace. (Contact Hamilton Conference if you aren’t sure.)

4. Hold an Annual Policy review (HEART p 43); sign minutes, and send to Conference and Presbytery. A person or a committee must be named to ensure this takes place.

(If the policies remain the same, post the approved policies with the new date. Send only the signed and dated minutes to Conference and Presbytery.)

5. POST your renewed policies in a visible, public place and tell employees.

Your 10 Responsibilities for Implementation

as a Congregation

FIRST: Begin the conversation! (white booklet)

1. Assign person(s) or Committee accountable to the Board/Council

Who to assign – qualities? experience? M&P? Property? or Compliance Committee? etc..Can nearby congregations share expertise between them?

2. Implement an ongoing Violence and Harassment Program:

Create and maintain a safe and secure work environment (see The Manual. See also Risk Assessments

for staff and workplace.)

Emphasize safety, dignity, and respect as core values of The United Church of Canada as part of the Body of Christ.

10 Responsibilities for Implementation cont’d

10 Responsibilities for Implementation cont’d

3. Train all current AND new employees and key volunteer leaders:

Show the webinar and review position description and risk surveys

Document the training, e.g. minutes or central file noting date and place

(M&P Committees might do this annually)

4. Advise employees of their right to refuse to work with a perpetrator or potential perpetrator of workplace violence or harassment

(Employees and M&P should become familiar with current Ontario Labour law)

10 Responsibilities for Implementation cont’d

10 Responsibilities for Implementation cont’d

5. Conduct Workplace Risk Assessments

(see the light purple duotang page: Sample Workplace Risk Assessment template and as posted on Conference website.)

10 Responsibilities for Implementation cont’d

6. Complete Job Description Reviews (for all employees) for Risks of Violence

(see page 54-58 in the HEART Manual & the DVD. Soon to be posted on the

Conference website.)

10 Responsibilities for Implementation cont’d

7. Identify and take actions to address areas of risk

(Who might be called on to assist in addressing risk concerns?When might needed actions be reviewed and addressed? Annually?)

10 Responsibilities for Implementation cont’d

8. Create an Emergency Plan

(see HEART Program pages 107-109)Make sure all employees and key leaders

are familiar with it.

HEART Program DVD addresses all kinds of emergencies:

What are they?Are there OTHERS in your context?

A formal complaint is not the first step:

BEFORE filing a formal complaint, ask: Is this a legitimate 911 emergency call? Have you tried to resolve the issue

through your Ministry & Personnel Committee?

Have Presbytery Oversight or Pastoral Relations committees been asked to assist?

Have you explored a conflict resolution facilitation process?

Bill 168 does not replace:

UCC Sexual Abuse Prevention and Response policy and procedures

Other training for racial justice, safe communities, duty of care, boundaries, accessibility

Legitimate 911 emergency calls

Job/performance review procedures

Pastoral relations and M&P

Bill 168 is an amendment to the Occupational Health and Safety Act on Violence and Harassment in the Workplace;

thus, does NOT apply to non-employee(s) on non-employee(s) issues (unless an employee is involved).

2 Case StudiesDiscuss:

1. How does this situation fall under Bill 168 legislation policies in the church?

2. What are the steps that should be followed?

3. Pastoral care is not included in the complaint process. Where is there a place for pastoral care for all parties in this situation? What would it look like?

Debrief case studies questions

Case Study #1? Case Study #2? What are the barriers to resolving

these issues in your context? How would an outside

experienced investigator be helpful?

Congregation Checklist Template

(pumpkin orange page in duotang folder OR Hamilton Conference website)

Responsibilities re Complaints

(bright pink page in duotang folder OR Hamilton Conference website)

(Review the checklists with your congregation.)

Now that you’ve had your training… Show the DVD to your staff, M&P,

Board/Council members, other lay leaders Discuss issues of violence and harassment

in your church context Fill out policy templates. Approve them Send copies of approved policies and

minutes of Board/Council meeting to Conference; copies of approved policies to your Presbytery office

Publicly post approved policies in your church for all to see

…

Now that you’ve had your training…

Decide who will oversee risk assessments and other necessary documentation

Conduct risk assessment of your building Address or prioritize areas of need Complete job description reviews for risks

of violence Create prevention plans Annually review and approve policies and

plans

How Presbytery can help

Demonstrate its commitment to zero tolerance of violence and harassment in its presbytery, including its own meeting spaces

Be a resource to congregations to become compliant with Bill 168 legislation

Annually receive copies of congregations’ approved policies

Include a check of up-to-date policies and risk assessments in regular Pastoral Oversight visits

Hamilton Conference’s Role in Handling

Complaints(Five Tasks)

Hamilton Conference will:

1. Provide written and online guidelines about procedures and reporting

2. Receive Formal Complaints, through the Executive Secretary to Conference Executive

3. Investigate Complaints, with an outside Investigator

(according to steps in OHSA policies)

4. Respond to Incidents of Violence or Harassment (not replacing serious 911 emergencies)

5. Respond to Complaints(the accused, the complainant, & other relevant employees)

Remember: Your congregation does not need to form its own team to receive or respond to formal complaints.

Your formal HEART* is– *Harassment Education Advisory Response Team –

Hamilton Conference Executive, through the Conference Executive Secretary.

Print, website, and people resources are available to help you.

Hamilton Conference Staff Resources:

Bill 168 General Questions: Kim Uyede-Kai, Conference Minister for

Congregational Support kuyede@hamconf.org

905-659-3343 ext. 229

Formal Complaints ONLY and Conflict Resolution Facilitation (CRF) resources: Peter Hartmans, Executive Secretary

phartmans@hamconf.org905-659-3343 ext. 221

Hamilton Conference Staff Resources:

M&P Committees, Ministry Personnel Jenny Stephens, Conference

Personnel Minister jstephens@hamconf.org

905-659-3343 ext. 225

Together:May God’s Justice strengthen us,

May the reconciliation of the Holy Spirit Move in all our encounters,

And may the compassion of ChristDraw us toward peace.

Amen.

Closing Blessing

Thank youfor

your participation and commitment to

a safe and respectful church