Procedure in Response to Workplace Violence - 2019-3

(per COHSR Part XX)

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Interpretation:

20.1 “The employer shall carry out its obligations under this Part in consultation with and the participation of the policy committee or, if there is no policy committee, the work place committee or the health and safety representative”.

20.2 “Work place violence constitutes any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee”.

Flowchart Text Version:

When a situation is deemed life-threatening or a threat to individual safety, emergency service must be notified or contacted. (COHSR 20.8)

Note: Any party to the complaint has the right to support during the process, including but not limited to, Bargaining Agent support.

1.0 The employer becomes aware of experience, alleged or observed workplace violence.

1.1 To resolve the matter, determine whether, the allegations if accepted as true, fall within the definition of workplace violence as found in section 20.2 of the Regulations.

1.2 Does the matter plainly and obviously fall outside the definition of workplace violence?

Yes

Not a Part XX COHSR issue. Must consider using another resolution process to address the matter.

No

1.3 The employer must try and resolve the matter with the employee as soon as possible.

Is the matter resolved?

Yes

Part XX COHSR matter resolved.

No

1.4 The employer must appoint a competent person to investigate the matter. [COHSR 20.9(3)]

The competent person must be impartial and seen by the parties to be impartial. (NJC Communiqué & FAQ)

1.5 The competent person investigates and provides a report to the employer. [COHSR 20.9(4)]

1.6 The employer provides a copy of the report to the workplace health and safety committee or representatives. [COHSR 20.9(5)(b)]

1.7 In consultation with the workplace health and safety committee or representative, the employer adopts or implements recommendations, as the case may be. [COHSR 20.9(5)(c)]

Part XX of COHSR matter closed.