Can you create a violence and harassment policy

Source excerpt

# Part 26 Ventilation Systems (cont.) ## Safety (cont.) Section 390 OCCUPATIONAL HEALTH AND SAFETY CODE Part 27 AR 191/2021 # Part 27 Violence and Harassment 389 Repealed AR 202/2024 s7. ## Violence and harassment prevention plan 390(1) An employer must develop and implement a violence and harassment prevention plan that includes the following: (a) measures to eliminate or, if that is not reasonably practicable, control the hazards of violence and harassment to workers; (b) any applicable requirements referred to in section 392.2; (c) procedures to inform workers of the nature and extent of the hazard of violence and harassment, including information related to specific or general threats of violence or harassment that exist or may exist; (d) procedures to report violence or harassment; (e) procedures to investigate complaints and incidents of violence or harassment; (f) provisions to protect the confidentiality of all parties involved in a complaint or incident, except where disclosure is (i) necessary to (A) investigate the complaint or incident, (B) take corrective action, or (C) inform the parties involved in the complaint or incident of the results of the investigation and of any corrective action to be taken to address the complaint or incident, (ii) necessary to inform workers of a specific or general threat of violence or potential violence, or (iii) required by law. - 390(2) When developing and implementing a violence and harassment prevention plan, an employer must consult with (a) the joint health and safety committee, if there is one, (b) the health and safety representative, if there is one, or (c) affected workers, as far as reasonably practicable to do so, if there is no joint health and safety committee or health and safety representative. 390.1 and 390.2 Repealed AR 202/2024 s9. - AR 191/2021 s390;202/2024 27-1 December, 2024

Source excerpt

# Domestic Violence Toolkit (cont.) are abusers employed at your workplace? ## employer best practices 1. Engage the statewide or local domestic violence program as a partner in development, training, and ongoing consultation regarding domestic abuse in the workplace. 2. Develop a domestic violence policy and corresponding standard operating procedures to support the policy. 3. Develop a comprehensive domestic violence training program. At a minimum, the program should include baseline training for all supervisors, managers, team leaders, security, human resource personnel, and employee assistance program providers, whether in-house or contracted. 4. Screen potential employees for violent and abusive behaviors. 5. Evaluate information gathered in the criminal background check process in a comprehensive, consistent manner. 6. Orient your new employee to the respectful workplace culture within the first few weeks of hire and continue to reinforce this message throughout the employee's tenure. 7. Screen for violent and abusive conduct during changes in job status, such as promotion or transfer. 8. Investigate both internal and external allegations of abusive, threatening, harassing, and/or violent conduct that affects the workplace, and respond with an appropriate measure of accountability. 9. Comply with service and requirements of civil orders of protection. 10. Develop a protocol for a separation of employment that incorporates safety of all personnel and a respectful process for the terminated worker. for employer assistance, contact MAINE COALITION TO [redacted street address] | Augusta, ME [redacted postal code] END DOMESTIC VIOLENCE [redacted phone] www.mcedv.org • assistance with creating a to domestic violence comprehensive workplace response - training • resources • policy consultation ## for additional resources, contact 54 State House Station | Augusta, ME [redacted postal code] MAINE DEPARTMENT OF LABOR [redacted phone] | www.maine.gov/…

Source excerpt

# Workplace violence and harassment Workplace violence is the exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury. It includes any attempt or threat to exercise physical force. A threat can be a statement or behaviour that a worker reasonably interprets as intimidating. Workplace harassment is defined in the Occupational Health and Safety Act as "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." Vexatious means causing annoyance or worry. ## Explain dangers Workplace violence and harassment can be: • Verbal • Physical • Visual (e.g., gestures) - Environmental (e.g., posting derogatory or sexually oriented posters). It can include bullying and gossip as well as domestic violence that spills over into the workplace. Workplace violence or harassment negatively affects workers and the work environment. - It can damage people's physical and mental health. - It can decrease productivity and undermine the company culture. - It can hurt a business financially because of work disruptions, decreased productivity, and the costs of violence-related injuries, government fines, and potential legal action. • It can negatively affect the relationship between coworkers and between workers and employers. - It can ruin the company's reputation with clients and undermine hiring efforts. NOTE: If your company does not have a workplace violence and harassment policy in place, download a sample one from the Workplace Violence and Harassment Toolkit at ihsa.ca ## Identify controls Companies are legally required to have a written workplace violence and harassment policy and post it in a conspicuous location at the workplace. Companies must also protect workers from workplace violence and harassment. This includes conducting investigations and advising workers if there is a risk of workplace violence from a …

Source excerpt

# Domestic Violence Toolkit (cont.) ## VI. RESPONSE AND ASSISTANCE TO EMPLOYEES WHO ARE PERPETRATORS (cont.) Model Policy # Domestic Violence Toolkit # Workplace Policy on Domestic Violence, Sexual Assault and Stalking Page 6 of 14 Employees who engage in behaviors on-duty that constitute domestic violence, sexual assault or stalking will be subject to discipline, up to and including termination. In some cases, where there is a connection between off-duty conduct of this nature and one's employment with the company, that off-duty conduct may lead to discipline, up to and including termination. ## A. On Duty Any employee who commits domestic violence, sexual assault or stalking in the workplace (see definition) will be subject to corrective or disciplinary action, up to and including termination. In addition, any employee who uses any company resource (see definition) at any time or place to commit domestic violence, sexual assault or stalking will be subject to corrective or disciplinary action, up to and including termination. ## B. Off Duty Any employee who is: (i) found by the company to have engaged in domestic violence, sexual assault or stalking; or (ii) arrested, convicted, or named as a defendant in a protective order as a result of domestic violence, sexual assault or stalking, may be subject to corrective or disciplinary action, up to and including termination when such action has a nexus/connection to the employee's employment with the company. ## C. Protective Orders Any employee who is named as a defendant must disclose any order from protection from abuse or harassment, any court order, or any condition of bail or probation applicable to the employee that includes: 1. Conditions that may interfere with the employee's ability to perform job duties; or 2. Conditions prohibiting or limiting contact with other employees of this company. ## Note re: Firearms Any final protection order entered against an employee required to carry a firearm …

Source excerpt

# Please note: This domestic violence workplace policy was implemented with consultation and training assistance from the Maine Coalition to End Domestic Violence. Please contact your local domestic violence project or the Maine Coalition to End Domestic Violence for appropriate supervisory and management training to support your policy. (cont.) ## I. PURPOSE (cont.) Model Policy # Domestic Violence Toolkit Workplace Policy on Domestic Violence, Sexual Assault and Stalking Page 2 of 14 ## II. DEFINITIONS A. Abuser/Perpetrator: An individual who commits domestic violence, sexual assault or stalking. B. Domestic Violence: A pattern of coercive behavior that is used by a person against family or household members to establish and maintain power and control over the other party in the relationship. This behavior may include physical violence, sexual abuse, emotional and psychological intimidation, verbal abuse and threats, stalking, isolation from friends and family, economic control, and destruction of personal property. C. Responders: Employees with supervisory responsibility and other designated individuals who will respond to victims and abusers and who will receive comprehensive training on best practices for identifying and responding to domestic violence, sexual assault, and stalking. D. Sexual Assault: An act of sexual violence whereby a party forces, coerces, or manipulates another to participate in unwanted sexual activity. This behavior may include stranger rape, date and acquaintance rape, marital or partner rape, incest, child sexual abuse, sexual contact, sexual harassment, ritual abuse, exposure, and voyeurism. E. Stalking: Repeated unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear. Stalking may occur between intimate partners, acquaintances, or strangers. Stalking behaviors include but are not limited to: following a person; appearing at a person's home or place of business; maki…

Source excerpt

# Part 27 Violence and Harassment (cont.) ## Violence and harassment prevention plan (cont.) Section 390.3 OCCUPATIONAL HEALTH AND SAFETY CODE Part 27 AR 191/2021 ## Domestic violence 390.3 When an employer is aware that a worker is or is likely to be exposed to domestic violence at a work site, the employer must take reasonable precautions to protect the worker and any other persons at the work site likely to be affected. 390.4 to 390.6 Repealed AR 202/2024 s9. ## Review of violence and harassment prevention plan 390.7(1) An employer must review the violence and harassment prevention plan required by section 390(1) in any of the following circumstances: (a) when an incident of violence or harassment indicates a review is required; (b) where there is a change to the work or work site that could affect the potential for violence or harassment to occur; (c) if the joint health and safety committee or the health and safety representative requests a review; (d) at least every 3 years. - 390.7(2) When carrying out the review required by subsection (1), the employer must consult with (a) the joint health and safety committee, if there is one, (b) the health and safety representative, if there is one, or (c) affected workers, as far as reasonably practicable to do so, if there is no joint health and safety committee or health and safety representative. 390.7(3) The employer must revise the violence and harassment prevention plan as necessary following a review required under subsection (1). AR 191/2021 s390.7;202/2024 ## Training of workers - 391 An employer must ensure that workers are trained in (a) the recognition of violence and harassment, (b) the violence and harassment prevention plan the employer has developed and implemented under section 390(1), including when revisions are made to the plan, (c) the appropriate response to violence and harassment, including procedures for obtaining assistance, and (d) the procedures for report…

Source excerpt

# Domestic Violence Toolkit (cont.) Best Practices # Domestic Violence Toolkit Best Practices for Employers Responding to Domestic Violence Abusers in the Workplace Page 11 of 19 • REMAIN NEUTRAL TO COMMENTS MADE ABOUT THE SURVIVOR, whether the comments are made by the employee in question, or by other employees during the proceedings. - If disciplinary action is necessary, document action to be taken and impose discipline upon employee's return to work. Law enforcement agencies may be able to provide suggestions and/or services to enhance safety in these circumstances. ◆ Best Practice 9: Comply with service and requirements of civil orders of protection. - Rationale: Victims and survivors of domestic violence and abuse access multiple sources of help while trying to be safe from an abuser. At times, survivors may turn to the local court and ask a judge to issue a civil order of protection, also called a protective order or restraining order. This is an effort on the part of the survivor to prevent the abuser from continued abuse, and may include limiting contact whether direct (phone calls, visits, emails from the abuser) or indirect (having a co-worker, family member, or friend of the abuser contact the survivor). While a protection from abuse or protection from harassment order is a civil matter, violation of the order is a criminal offense. However, violation of a protection order is not actionable until the subject of the order (the defendant) has received notice that the order has been issued. Therefore, law enforcement agencies or process servers may contact the defendant's employer to learn of the defendant's whereabouts so that the defendant can be served. - Service of protection orders can be very challenging in cases where the defendant deliberately avoids service. Employers should not interfere with the service of protective orders by protecting the employee, warning the employee, or not allowing the server access to the employee. Rather, emp…

Source excerpt

# Part 27 Violence and Harassment (cont.) ## Violence and harassment prevention plan (cont.) Section 390.3 OCCUPATIONAL HEALTH AND SAFETY CODE Part 27 AR 191/2021 ## Domestic violence 390.3 When an employer is aware that a worker is or is likely to be exposed to domestic violence at a work site, the employer must take reasonable precautions to protect the worker and any other persons at the work site likely to be affected. 390.4 to 390.6 Repealed AR 202/2024 s9. ## Review of violence and harassment prevention plan 390.7(1) An employer must review the violence and harassment prevention plan required by section 390(1) in any of the following circumstances: (a) when an incident of violence or harassment indicates a review is required; (b) where there is a change to the work or work site that could affect the potential for violence or harassment to occur; (c) if the joint health and safety committee or the health and safety representative requests review; a (d) at least every 3 years. - 390.7(2) When carrying out the review required by subsection (1), the employer must consult with (a) the joint health and safety committee, if there is one, (b) the health and safety representative, if there is one, or (c) affected workers, as far as reasonably practicable to do so, if there is no joint health and safety committee or health and safety representative. 390.7(3) The employer must revise the violence and harassment prevention plan as necessary following a review required under subsection (1). AR 191/2021 $390.7;202/2024 ## Training of workers - 391 An employer must ensure that workers are trained in (a) the recognition of violence and harassment, | (b) the violence and harassment prevention plan the employer has developed and implemented under section 390(1), including when revisions are made to the plan, (c) the appropriate response to violence and harassment, including procedures for obtaining assistance, and (d) the procedures for reportin…

Source excerpt

# Domestic Violence Toolkit (cont.) ## Procedures: (cont.) Best Practices # Domestic Violence Toolkit Best Practices for Employers Responding to Domestic Violence Abusers in the Workplace Page 8 of 19 Therefore, employers should conduct personnel investigations into allegations of abusive, threatening, harassing, and/or violent conduct on the part of an employee to determine if there is a threat or potential threat to workplace safety. The investigation should be timely, targeted, and confidential. It should carefully follow the procedural requirements for personnel investigations that may exist by virtue of company policy or union contract. The employer should then act accordingly based on information gained. Employers must carefully consider their actions when they have an employee who exhibits abusive, threatening, harassing, and/or abusive behavior. Employers may face liability (negligent hiring, supervision, retention) if they are aware that an employee may present a threat to others in the workplace and they fail to address it. Employers may also be liable for harassment issues, even if they weren't directly aware, because it can be argued that they should have been aware of such activities in the workplace. In cases of arrest, it is not unusual for employees to turn to an employer to post bail, particularly in a smaller business setting where company owners know their employees well. In these settings, each employee plays a vital role and one person's absence from the job site can have a critical impact. Even so, employers should carefully consider the potential impact of such action. The business owner's decision to provide bail in a domestic violence case could have severe consequences for the safety of the survivor, public safety, and public relations should the employee commit another criminal act while on bail. The employer's difficult labor situation and/or need to get the employee back to work quickly should not outweigh the safety of others: e…

Source excerpt

# What should you report and investigate when an incident occurs? (cont.) ## How do you establish first aid programs? (cont.) Under no circumstances should the reduction of severity ratings be a reason for initiating a "modified work" program. ## How do you prevent violence and harassment in the workplace? All jurisdictions in Canada have legislation specific to harassment and violence (note that the legislation in the Yukon will be in force in September 2021). Please see the OSH Answers on Violence and Harassment in the Workplace - Legislation for more details. All jurisdictions specify elements required in harassment and violence prevention policies and programs. While there are variations between jurisdictions, there are many common elements such as: - Defining violence and harassment. Some definitions include bullying formally - Conducting a workplace assessment (a hazard identification and risk assessment) specific to harassment or violence - Developing and implement preventative measures - Developing a policy and program, implement the program, and corresponding procedures for reporting of an incident - Developing a reporting and resolution process, including how to report an incident or occurrence - Providing worker instruction, education, or training - Determining procedures to ensure confidentiality and privacy - Listing supports that are available (internally, externally) - Requiring record keeping - Using continual review and improvement processes to update the policy and programs - Reporting to the jurisdiction, as necessary - Including additional requirements for situations such as family (domestic) violence, or working late night hours in retail, gas stations, convenience stores, etc. ## How do you promote worker involvement in health and safety programs? Once the health and safety program has been set in place and the program appears to be running smoothly, effort is still required to maintain compliance, enthusiasm and interest. S…

Source excerpt

# Workplace Policy on Domestic Violence, Sexual Assault and Stalking (cont.) ## Note re: Firearms (cont.) Model Policy # Domestic Violence Toolkit Workplace Policy on Domestic Violence, Sexual Assault and Stalking Page 7 of 14 Failure to provide the above information may result in disciplinary action up to and including termination. ## VII. NON-RETALIATION Any retaliatory action resulting from an employee making a complaint or observation of domestic violence, sexual assault or stalking, or otherwise asserting rights or responsibilities under this policy or relevant laws is a serious violation of this policy and may be cause for disciplinary action up to an including termination. ## VIII. TRAINING AND OUTREACH ## A. POLICY DISTRIBUTION This policy will be distributed to all persons covered by this policy, will be posted at all company facilities, and will be posted to the company's web site. Each person covered by this policy shall sign a statement acknowledging that the person has received and read the policy. Employees' statements will be retained in personnel files. Statements signed by other persons covered by this policy will be retained by the person's primary contact at the company. B. TRAINING 1. All current employees will receive policy awareness training. All new employees will receive training as part of New Employee Orientation. 2. Persons who must attend specialized training designated by the company focusing on identifying and responding to issues of domestic violence, sexual assault and stalking in the workplace include: a. All employees newly hired or promoted into managerial or supervisory positions; b. All current managers and supervisors; and c. Responders. 3. To carry out the purpose of this policy, the company will establish an ongoing Training and Outreach Committee. The committee will provide opportunities for education and discussion on domestic violence, sexual assault, and stalking issues. Such opportunities may in…

Source excerpt

# Domestic Violence Toolkit (cont.) ## II. DEFINITIONS (cont.) Model Policy # Domestic Violence Toolkit Workplace Policy on Domestic Violence, Sexual Assault and Stalking Page 3 of 14 secure area; voluntary temporary transfer or permanent relocation to a new work site; reassignment of parking space; escort for entry to and exit from the work site; responding to telephone, fax, e-mail, or mail harassment; and, keeping a photograph of the abuser or a copy of an existing court order in a confidential on-site location and providing copies to designated personnel. ## III. PERSONS COVERED BY THIS POLICY Persons covered by this policy include company employees, interns, contractors, or temporary workers, in any workplace location. ## IV. CONFIDENTIALITY This company recognizes and respects an employee's right to privacy. The company will maintain the confidentiality of an employee's disclosure unless the substance of the employee's disclosure demands otherwise. Disclosure will be necessary if an abuser presents a threat to the safety of any employee in the workplace. The Director of Human Resources must be consulted regarding matters of security, safety planning, leave time, court orders, job performance, and discipline. Whenever possible, the employee will be given notice of necessary disclosures. ## V. RESPONSE AND ASSISTANCE TO EMPLOYEES WHO ARE VICTIMS The company seeks to offer support and referrals for assistance to victims who disclose concerns or request help. Disclosures may be made to any supervisor or Responder with whom a victim is comfortable. Co-workers are often the first to notice that a fellow employee may be experiencing personal difficulties related to domestic violence, sexual assault or stalking. If an employee has reason to believe that a co-worker is a victim, the concerned employee is encouraged to contact a supervisor or Responder. Co-workers may also offer assistance in a confidential and non-judgmental manner and should be sensiti…

Source excerpt

# Domestic Violence Toolkit (cont.) ## Best Practices Introduction (cont.) Best Practices # Domestic Violence Toolkit Best Practices for Employers Responding to Domestic Violence Abusers in the Workplace Page 2 of 19 procedure, employer options, and language where appropriate. In addition, each section will contain referrals for additional information. The best practices below are designed to provide employers the leadership tools to create a workplace culture that 1) supports healthy lives and relationships/wellness, and 2) upholds the highest standards of safety. Each best practice, when exercised in the context of the whole, identifies appropriate opportunities for employers to participate in holding abusers accountable for their abusive behaviors, outlines employer options regarding expectations of employees, and places these actions within a framework of employer support for survivors of abuse. ## Getting Started ◆ Best Practice 1: Engage the local or statewide domestic violence prevention program as a partner in development, training, and ongoing consultation regarding domestic violence in the workplace. A list of the programs in Maine, including contact information, is available at http://www.mcedv.org/MemberPrograms.htm. ◆ Best Practice 2: Develop a domestic violence workplace policy and corresponding standard operating procedures to support the policy. This should be accomplished through collaboration between an internal team, representative(s) from your local domestic violence prevention program and/or a national resource such as the Corporate Alliance to End Domestic Violence (CAEPV). Tailor the policy and procedures to size and resources of the organization. The policy addresses one particular type of employee misconduct, so should be proactively integrated with existing employment policies and union contracts, when applicable. Internal policies that support and strengthen the domestic violence policy - codes of conduct, threats of violence, an…

Source excerpt

# Domestic Violence Toolkit (cont.) ## Domestic Violence and the Workplace Policy Development Outline (cont.) Best Practices # Domestic Violence Toolkit Best Practices for Employers Responding to Domestic Violence Abusers in the Workplace Page 15 of 19 • Employee Assistance Program • Union Representative (if applicable) - III. Provide your response team with a comprehensive domestic violence response training developed and delivered in collaboration with your local domestic abuse program. Training will assist the team in: abuse - Understanding the dynamics and effects of domestic • Identifying signs of employees living with abuse • Reviewing workplace impact through case studies • - Recommending appropriate outreach to those in need • Identifying internal and external resources for the team, employees, and organization - IV. Through your response team, develop and roll out a Non-Violence Policy Statement that says: • We will provide a workplace free of threats, fear, and violence • We will respond and react to threats and potential violence • We will support our employees to access resources to assist with violent and abusive situations V. Define the roles of Managers and Supervisors, Loss Prevention, Security, Human Resources, EAP, and other identified responders when domestic abuse cases come forward. - Provide training to all parties who will play key roles • Emphasize goals of increasing safety for abused employee and accountability for abusive employees • Create response protocols - Define confidentiality and protocol for determining who may need to know certain information and how that information is to be shared and documented - VI. Implement an employee awareness campaign. • Invite advocates from local domestic abuse agencies and batterer intervention programs to conduct "lunch and learn" sessions • Provide domestic abuse agency service brochures and safety cards in private locations such as restrooms • Post the …