Worker Focused Safety Program

Violence in the WorkplaceWorker Training Module 4

Worker Focused Safety Program

Module 4Health & Safety Complaint

What this module will coverO DefinitionsO Reporting unsafe conditions and/or Declaring

Unsafe WorkO ProcessO Administrative responseO JOH&S involvementO DOH&S involvementO Occupational Health & Safety involvementO WorkSafeBC involvement

Verbal abuse vs. threatsO Abuse may be intended to hurt the feelings or

humiliate someone, while threats may create fear and cause concern for their safety

O The use of profanity doesn’t necessarily constitute a threat, however combined with other actions and behaviours it may escalate to threatening behaviour.

Recognizing ViolenceO Three main types of violence

O Verbal abuse/threatsO Threatening behaviourO Physical assault

Any of these behaviours alone or together constitute an incident

Reasonable Cause & Undue Hazard

The onus is on the worker to establish that: OBoth are presentOBoth are communicated, and that O The belief is honestly held, and that O The belief is reasonable in the

circumstances, and that O The danger is sufficiently serious to

justify the particular action

Reporting a General ComplaintOWhenever a worker observes what they

believe is an unsafe or harmful condition or act they must report it as soon as possible to their Administrator

O It is critical to understand that resolution to any problem is easier when the problem is clearly defined and there are reasonable expectations around resolution

Process – Step 1O A worker concern is reported to their

AdministratorO Worker and Administrator discuss the issue

and come up with a resolution acceptable to both parties

O Situation is considered resolved and Administrator records and files

OH&S Regulation Section 4.28

Process – Step 2O Resolution is not found at step 1O Issue will be referred to the JOH&S committeeO Worker provides as much detail as possible

O Written description of issueO Resolution desiredO The basic How, What, Where, When and Who

O Consultation will take place at JOH&S and recommendation for next steps will be tabled

Process – Step 3O Resolution is not found at step 2O Issue will be referred to DOH&S committeeO JOH&S provides enhanced detail

O Detailed written description of issueO Resolution desiredO In-depth How, What, Where, When and Who

O Consultation will take place at DOH&S and issue will be either returned to JOH&S for resolution or recommendation for next steps will be tabled

Process – Step 4O Resolution is not found at step 3O Issue will be referred to the Manager,

Occupational Health & Safety in the form of a 21 day letter

O Manager, Occupational Health & Safety will consult with Senior Administration and provide a response to the DOH&S committee within 21 working days of receipt of the letter from DOH&S

O WorkSafeBC requirement

Process – Step 5O Resolution is not found at step 4O WorkSafeBC will be contacted by the co-chairs

of the JOH&S committeeO Manager, Occupational Health & Safety will

turn over all materials in their possession to WorkSafeBC officer

O WorkSafeBC will review and write an Inspection Report detailing action to be taken

O WorkSafeBC requirement

Refusal of Unsafe Work ComplaintOSection 3.12

OWhen a worker has reasonable cause to believe that to carry out a work process would create and undue hazard to the health and safety of a person

OWhere a worker holds this belief they must immediately report it to their Administrator

Undue hazardO The applicable policy of the WCB’s

Prevention Division describes an “undue hazard” in the following manner:

OAn undue hazard is a condition or circumstance where an officer of the Board would issue a “stop work” order or a Closure Order. A “stop work” order is … an order requiring a corrective measure before a work activity proceeds or resumes.

3.12 Process – Step 1OA worker concern is reported to their

AdministratorOWorker and Administrator discuss the

issue and come up with a resolution acceptable to both parties

OSituation is considered resolved and Administrator records and files

Process – Step 2O Resolution is not found at step 1O Worker provides as much detail as possible in

writing, including at a minimumO Description of issueO Resolution desiredO The basic How, What, Where, When and Who

O Issue MUST be immediately investigated by Administrator and a JOH&S committee member

3.12 Process – Step 3O Resolution is not found at step 2OAdministration or/and JOH&S will contact the

Manager, Occupational Health & SafetyOWorkSafeBC will be notified and the Manager,

OH&S will continue to attempt to resolve the issue until a WSBC officer investigates and provides direction

O WorkSafeBC requirement

After WSBCO The WorkSafeBC officer investigating the 3.12

complaint will, by law, write an Inspection Report (IR)

O The IR may contain Orders directing action to be taken to ameliorate any deficiencies and directing a timeframe for response by the employer

O Contact Manager, Occupational Health & Safety

Discriminatory Action

OAny worker who honestly believes they are filing a 3.12 in accordance with the framework of the Regulation is protected from discriminator action by the employer

O Section 3.12(1)

Discriminatory Action

OAs long as there is no loss of pay to the worker temporary assignment or re-assignment not deemed to constitute discriminatory action by WorkSafeBC

O Section 3.13(2)

Questions…