NORTHERN ALBERTA RISK & INSURANCE MANAGEMENT SOCIETY
PRESENTS
Violence in the Workplace An Occupational Health & Safety Perspective Presented By: Daniel Campeau, CET March 09, 2011
Workplace Violence from the Perspective of OH&S
The Alberta OH&S Act, Regulation and Code set out the legal requirements that employers and workers must meet to protect their own health and safety, and that of others who could be affected by what they do.
Workplace Violence from the Perspective of OH&S
The Act gives the government authority to make regulations and codes (or rules) about health and safety in the workplace. Sets Penalties for Offences: Fines Prison Term
Workplace Violence from the Perspective of OH&S
The Regulations addresses the requirements related to government policy and administrative matters.
Workplace Violence from the Perspective of OH&S
The Code specifies all the mandatory technical standards and safety rules that employers and workers have to comply with to fulfill their obligations. The Code is divided into 41 Parts.
Part 14 Part 11
Lifting and Handling Loads
Part 27 Workplace Violence
Workplace Violence from the Perspective of OH&S WHEN AND WHERE DOES IT APPLY?
The Act, the Regulations and the Code apply to all work sites in Alberta. The Act says that employers must do everything they reasonably can to protect the health and safety of their workers. Enforced by occupational health and safety officers from Alberta Employment and Immigration, Workplace Health and Safety.
Workplace Violence from the Perspective of OH&S WHO IS AN EMPLOYER?
Under section 1 (k) of the Act an employer is defined as: (i) a person who is self employed in an occupation, (ii) A person who employs one or more workers, (iii) A person designated by an employer as the employer’s representative, or (iv) a director or officer of a corporation who oversees the occupational health and safety of the workers employed by the corporation;
In general terms, an employer may be a company, a manager, a supervisor, or even another worker.
Workplace Violence from the Perspective of OH&S Code Part 27, Violence
Workplace Violence from the Perspective of OH&S Code Part 27, Violence For the purpose of the OH&S Code, “violence” means the threatened, attempted or actual conduct of a person that causes or is likely to cause physical injury. OH&S Code, Part 1, Definitions
Workplace Violence from the Perspective of OH&S Code Part 27, Violence Section 389 “Workplace violence is considered a hazard for the purpose of Part 2” Action
Go to Part 2 of the Code, Hazard Assessment (HA), Elimination and Control
Workplace Violence from the Perspective of OH&S Code Part 2, HA “An employer must assess a work site and identify existing and potential hazards…” Action
The required HA must include the possibility of injury from physical violence as a potential hazard
Workplace Violence from the Perspective of OH&S Code Part 27, Violence Section 390 “… must develop a policy and procedures respecting potential workplace violence” Action
Go to the Regulation, Section 8, Critical documents available
Workplace Violence from the Perspective of OH&S Regs, Section 8, Critical documents available “…develop a procedure…under the Act, the procedure must be in writing and available to the workers…” Action
Develop a Policy and supporting Procedures in writing
Workplace Violence from the Perspective of OH&S Code Part 27, Violence Section 391 “…ensure that workers are instructed in … Action
Review and explain the policy, procedures, and expectations with workers
Workplace Violence from the Perspective of OH&S Code Part 27, Violence Section 392 (1) Go to the Act, Section 18, Serious injury and accidents Action
“Section 18(3) to (6) and 19 of the Act apply to an incident of workplace violence”
Workplace Violence from the Perspective of OH&S Act Section 18, Serious injuries and accidents • investigate incidents • prepare reports • keep the reports on file for 2 years • report must be readily available for inspection by OH&S
Action
As per section 18(3) an incident involving workplace violence constitute an “accident that has the potential of causing serious injury to a worker”
Workplace Violence from the Perspective of OH&S Code Part 27, Violence Section 392 (2) Advise victim(s) to consult a health professional for treatment or referral Action
“…ensure that a worker is advised to consult a health professional … if (a) reports an injury… (b) is exposed to workplace violence.”
Workplace Violence from the Perspective of OH&S Help I’m Confused !!!
The OH&S Code Explanation Guide may help. 2 Volumes with 41 Parts (just like the OH&S Code) It’s purpose is to explain the requirements of the OH&S Code in plain, easy to understand language.
Workplace Violence from the Perspective of OH&S
Explanation Guide In the case of Part 27 of the OH&S Code, Violence, simply turn to Part 27 of the Explanation Guide.
Part 27 of the OH&S Code has 1 page while Part 27 of the Explanation Guide has 7 pages
Workplace Violence from the Perspective of OH&S
Explanation Guide Part 27 Violence You can find information and suggestions about Policy
Workplace Violence from the Perspective of OH&S
Explanation Guide Part 27 Violence
You can find information and suggestions about Procedures
Workplace Violence from the Perspective of OH&S
Summary • The Alberta OH&S Act, Regulation and Code set out the legal requirements that employers and workers must meet. • In general terms, an employer may be a company, a manager, a supervisor, or even another worker. • Violence in the workplace is addressed in Part 27 of the OH&S Code. • As per Part 27 of the Code an employer must: include the possibility of violence as a potential hazard while completing the hazard assessment required by Part 2 of the Code. develop and make available a written policy and procedures in regards to workplace violence (Regs. 8(1)(2)). review with workers, the policy, procedures and employer’s expectations of workers.
Workplace Violence from the Perspective of OH&S
Summary • Should an incident involving workplace violence occur, the employer must: investigate the incident (Act 18(3)), prepare a report (Act 18(3)), keep the report for 2 years (Act 18(4)), have the report readily available for inspection (Act 18(3)), advise the victims and other exposed workers to consult a health professional of the workers’ choice.
• Consult the OH&S Code Explanation Guide.
Workplace Violence from the Perspective of OH&S
Additional Resources
Government of Alberta – Queen’s Printer www.qp.gov.ab.ca Government of Alberta – Employment and Immigration www.worksafely.org Canadian Centre for Occupational Health and Safety www.ccohs.ca Human Resources and Skills Development Canada www.hrsdc.gc.ca Canadian Initiative on Workplace Violence www.workplaceviolence.ca
THANK YOU FOR ATTENDING THE NORTHERN ALBERTA RISK & INSURANCE SOCIETY 11th Annual Professional Development Day
For a copy of this presentation, please visit NARIMS website at northernalberta.rims.org
PLEASE REMEMBER TO SIGN OUT WHEN YOU LEAVE !!!!