what happens if my safety guy is gay and he comes on to me
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Rosie's answer
Published by SALUSEmployees have the right to a workplace free from harassment, discrimination, sexual solicitation or advances, intimidation, and other inappropriate conduct, including conduct by a safety officer or supervisor. Harassment can include unwelcome verbal comments, written messages, gestures, displays, bullying, physical acts, discriminatory conduct based on protected characteristics, and sexual advances. Reasonable supervisory direction is not harassment, but objectionable or severe conduct that humiliates, intimidates, or harms a worker is. [1] [4] [6]
Reporting procedures
- Report the conduct promptly using the employer's harassment or respectful workplace procedure.
- If the supervisor or safety officer is the alleged harasser, use the alternate reporting route required by the harassment prevention plan, such as HR, senior management, a designated external third party, ethics hotline, or another person identified in policy.
- If there is an immediate threat, physical assault, stalking, or fear of violence, prioritize personal safety first and contact security, law enforcement, or emergency services as appropriate, then notify HR or management.
- Document what happened: dates, times, locations, witnesses, exact words or actions, messages, photos, prior incidents, and any impact on work or safety.
- Cooperate with the employer's investigation and follow interim safety measures such as schedule changes, escorts, separation from the accused, or no-contact directions where needed.
[2] [3] [11] Investigation requirements
- The employer should have a written harassment prevention plan that explains how complaints are received, investigated, kept confidential as appropriate, and closed out.
- Every complaint should be investigated promptly, impartially, and thoroughly.
- Where the circumstances require neutrality, an officer or employer may need to use an impartial third party investigator, at the employer's expense.
- The investigation should gather facts, interview the complainant, accused, and witnesses, review documents and electronic evidence, determine findings, issue a written record, and identify corrective actions and follow-up.
- Workers should be notified of investigation results and actions to be taken, consistent with privacy obligations.
[2] [2] [2] [13] Employee rights and anti-retaliation protections
- Employees are entitled to work free of harassment and to use internal complaint procedures without being discouraged from also exercising rights under human rights, criminal, labor, or other applicable laws.
- Workers who report in good faith, participate as witnesses, or raise concerns about harassment, discrimination, or violence should be protected from retaliation, reprisal, intimidation, discipline, demotion, schedule manipulation, blacklisting, or other adverse treatment for doing so.
- Employers should provide support to affected workers, maintain confidentiality to the extent possible, and separate complaint information from ordinary personnel records when appropriate.
- Employees may also have rights to seek external remedies through human rights or equal employment agencies, labor regulators, police, or courts, depending on the conduct involved.
[2] [5] [9] [10] Employer compliance expectations
- Maintain a written workplace violence and harassment policy and make it accessible or posted so workers know the rules and reporting channels.
- Train employers, supervisors, and employees on harassment prevention, respectful workplace expectations, reporting options, and investigation procedures.
- State clearly that supervisors are obligated to ensure worker health and safety and to comply with the harassment prevention plan.
- Review the harassment prevention plan at least annually and update it when needed.
- Take corrective action when allegations are substantiated, which may include coaching, discipline, reassignment, removal from supervisory duties, or termination depending on severity.
- Integrate harassment prevention with broader workplace violence prevention and equal employment obligations, because harassment, intimidation, sexual harassment, and discriminatory conduct are recognized workplace safety and employment risks.
[2] [2] [2] [5] [9] From a practical HR and safety standpoint, if the accused person is a safety officer or supervisor, the employer should remove that person from control over the complaint process, use an alternate reporting path, assess immediate safety risks, preserve evidence, prevent contact or retaliation during the investigation, and communicate outcomes and corrective measures. If the conduct includes threats, assault, stalking, coercion, or quid pro quo sexual demands, it should be treated as both a workplace safety issue and a potential legal violation requiring urgent escalation. [2] [8] [11]
In short, OSHA-aligned workplace violence prevention and equal employment compliance require employers to prevent and address harassment and discrimination as safety hazards and employment law issues: provide policy, training, reporting channels including alternatives when management is accused, prompt investigation, confidentiality, corrective action, anti-retaliation protection, and support for affected employees. Employees should report promptly, preserve evidence, use alternate channels when the supervisor is involved, and seek emergency help immediately if there is any threat of violence or sexual assault. [3] [7] [12]
Sources used for this answer
[1] Occupational Health and Safety Regulations, 2012 (N.L. Reg. 5/12)
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Open source documentSource excerpt
# Back to Top (cont.) ## Harassment prevention plan (cont.) (d) include a statement of a supervisor's obligation to ensure the health and safety of workers, including the supervisor's obligation to apply and comply with the harassment prevention plan; (e) set out the procedures for workers to report instances of harassment to an employer or supervisor or where the employer or supervisor is the alleged harasser, the procedures to report harassment to an external third party; (f) set out the procedures to be followed after a complaint of workplace harassment is received and the manner in which a complaint is investigated; (g) include a statement that any information obtained relating to workplace harassment, including personal information, will not be disclosed unless it is necessary for the purpose of an investigation, corrective action relating to the complaint or where required by law; (h) set out the procedures regarding notification of results of investigations and any actions to be taken as a result of an investigation; (i) include a statement that the harassment prevention plan is not intended to discourage a worker from exercising the worker's rights under the Human Rights Act, 2010, the Criminal Code (Canada) or any other law of the province or of Canada; and (j) include a statement that the employer shall protect workers from retaliation and provide support to workers when workplace harassment occurs. (3) The harassment prevention plan shall be (a) accessible to all workers in the workplace; and (b) reviewed as necessary but at least annually. (4) An employer shall investigate complaints of workplace harassment. (5) An officer may, where the officer considers it necessary, order that an impartial third party investigate a complaint of workplace harassment. (6) Any expenses relating to an investigation referred to in subsection (5) shall be the responsibility of the employer. 3/19 s2; 43/22 s7 Back to Top ## Training - 24.2 (1) A…
[2] Responding to Domestic Violence Abusers in the Workplace
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Open source documentSource 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…
[3] Accident investigation - How to conduct an accident investigation
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# How to conduct an accident investigation 1. Establish an investigation team: Include employees who have been trained to conduct an effective investigation. A typical team might include: • - An employee from the work area where the accident occurred • A supervisor from a work area not involved in the accident • A maintenance supervisor or an employee who understands equipment or processes associated with the accident • The safety supervisor • A safety committee representative 2. Gather information: Record the facts about the accident. Interview witnesses and others involved. 3. Analyze the facts: Identify the accident's causes and contributing factors. Determine how the accident could have been prevented. 4. Report the findings: Prepare a written report that describes who was involved, where the accident occurred, when it happened, and what caused it. Recommend, specifically, how to prevent the accident from happening again. 5. Act on the recommendations: Have management review the report and determine what will be done to prevent the accident. 6. Follow up: Ensures that appropriate corrective action was taken to prevent the accident.
[4] Workplace Safety and Health Regulation (Man. Reg. 217/2006)
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# SÉCURITÉ ET HYGIÈNE DU TRAVAIL (cont.) WORKPLACE SAFETY AND HEALTH W210 M.R. 217/2006 ## Interpretation: "harassment" 1.1.1(1) For the purpose of the definition "harassment" in section 1.1. conduct is (a) objectionable, if it is based on race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics. marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, age, nationality, ancestry or place of origin; or (b) severe, if it could reasonably cause a worker to be humiliated or intimidated and is repeated, or in the case of a single occurrence, has a lasting, harmful effect on a worker. - 1.1.1(2) Reasonable conduct of an employer or supervisor in respect of the management and direction of workers or the workplace is not harassment. - 1.1.1(3) In this section and in the definition "harassment" in section 1.1. conduct includes a written or verbal comment, a physical act or gesture or a display, or any combination of them. M.R. 147/2010 ## Notice requirements - 1.2(1) When this regulation requires a person to give notice to the branch or the director. the notice must be given (a) to the director or a safety and health officer, in the case of a notice that is to be given to the branch: or - violence S'entend : a) de la tentative d'exercer la force physique ou de l'exercice réel de la force physique contre une personne; b) des propos ou des comportements menaçants qui donnent à une personne une raison valable de croire que la force physique sera utilisée contre elle. ("violence") R.M. 147/2010; 165/2012; 129/2015; 159/2018; 128/2019 ## Interprétation harcèlement - 1.1.1(1) Pour l'application de la définition de harcèlement figurant à l'article 1.1, un comportement est a) répréhensible s'il est basé sur la race, les croyances, la religion, la couleur. le sexe, l'orientation sexuelle, les caractéristiques fondées sur le sexe, la…
[5] OHS Safety ACT
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Open source documentSource excerpt
# OCCUPATIONAL HEALTH AND SAFETY ACT (cont.) Section 1 # OCCUPATIONAL HEALTH AND SAFETY ACT Chapter O-2.2 2020 grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner of the shareholder's, sole proprietor's or partner's spouse or adult interdependent partner, and includes any other person prescribed by the OHS Code to be a family member; (n) "harassment” means any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker, or adversely affects the worker's health and safety, and includes (i) conduct, comment, bullying or action because of race, religious beliefs, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression and sexual orientation, and (ii) a sexual solicitation or advance, - but excludes any reasonable conduct of an employer or supervisor in respect of the management of workers or a work site; (o) "harmful substance" means a substance that, because of its properties, application or presence, creates or could create a danger, including but not limited to a chemical, biological or radiological hazard, to the health and safety of a worker exposed to it; (p) "hazard" means a situation, condition or thing that may be dangerous to health and safety; (q) "hazardous occupation" means an occupation in which a person works with asbestos, silica, coal dust or lead; (r) "hazardous work site" means a blasting area and an area of work site where there is a reasonable chance that the airborne concentration of asbestos, silica, coal dust or lead exceeds or may exceed the occupational exposure limit for one or more of the substances under the OHS Code; a (s) "health and safety program” means a co-ordinated system of procedu…
[6] Toolbox Talk: Respectful Workplace
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# RESPECTFUL WORKPLACE Date Posted: 04/21/2020 Creating a respectful workplace is the cornerstone for the success and continued growth of a company. Respectful workplaces create safer jobsites, healthier company cultures and increased productivity. It is up to everyone to do their part in creating a respectful workplace. ## BE INCLUSIVE IN YOUR HIRING Hiring a diverse workforce creates a dynamic and vibrant company culture. A diverse workforce brings in new and innovative ideas and increases opportunities. When posting jobs, make sure they are posted on multiple sites. This will increase the potential number of applicants. ## VALUE YOUR STAFFS INPUT Take the time listen to your employees and get their feedback. Actively set-up avenues and times for employees to express ideas and concerns about the company ## EMPLOYEE GROWTH Employees feel valued when companies invest in their growth. Set up education and training goals during reviews. Provide opportunities for employees to meet these goals and help them advance in their careers. Create employee led committees (safety, community, activities, HR). ## CULTURE OF CARE Create a culture of care and respect in the workplace. Take time to make sure employees feel valued. Create and enforce a zero-tolerance policy dealing with discrimination, bullying and harassment. Make sure employees know they will be supported when reporting potential issues. ## COMPANY HARASSMENT PREVENTION AND HELP • Company Policy: Create a strong anti-harassment policy and educate your workers about the policy. • Warning Signs: Train managers and employees to recognize and report inappropriate behavior. • Communication: Create a safe environment for reporting harassment with the assurance the person reporting the violation will be protected from retaliation. • Company Resources: Be aware of available company resources and how to access them. • Training: Continually provide employee training to keep current with company policies and …
[7] Toolbox Talk: Women in Construction
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Open source documentSource excerpt
# WOMEN IN CONSTRUCTION (cont.) ## DISCRIMINATION (cont.) groups of women construction workers conducted by Chicago Women in Trades (CWIT) and the National Institute for Occupational Safety and Health (NIOSH). Some of the adverse outcomes for women in construction include: - • Hostile workplace: Women may be subject to harassment, belittling remarks, and physical assaults on job sites. Such a distracting work environment can lead to workers overlooking safety precautions, resulting in injuries. • Sexual harassment: According to majority of respondents in the surveys, women have experienced touching, comments, and gestures from colleagues and supervisors. male • Isolation: Many women find themselves working alone as the only woman on a job site, which adds to their stress. Since colleagues often mentor new workers, women may not receive the same attention and on-site training as their male counterparts. • Job insecurity: Many women feel vulnerable to losing their jobs, which makes them reluctant to report safety hazards or harassment. ## REFERENCES Providing Safety & Health Protection for a Diverse Construction Workforce | NIOSH | CDC CPWR Women in the Trades Home - RISE Up 4 Equity
[8] Responding to Domestic Violence Abusers in the Workplace
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# 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…
[9] Toolbox Talk: Sexual Harassment
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# Sexual Harassment Date Posted: 08/27/2016 Do you have nude pictures in your workplace? Tell dirty jokes? Make suggestive remarks to other employees? If you answered yes to any of these questions you may be guilty of sexual harassment. Since enactment of the Civil Rights Act of 1964, and the development of guidelines by the Equal Employment Opportunity Commission (EEOC) in 1980, sexual harassment is considered to be a form of sex discrimination-a Federal offense. To discriminate against a person is to deny them rights, benefits, wages, or opportunities because that person belongs to a certain group. Sexual harassment is defined as: • Unwelcome sexual advances or requests for sexual favors, or any verbal or physical conduct of sexual nature when submission to such conduct is expressed or implied as a condition of employment • Submission to or rejection of such conduct, used as a basis for employment decisions - When such conduct substantially interferes with a person's work performance - The creation of an intimidating, hostile or offensive working environment. Basically, sexual harassment is any inappropriate and unwelcome behavior with a sexual overtone that causes a negative affect on a person's work environment. Examples of sexual harassment, if carried out in the workplace include: - Displaying obscene or offensive pictures or reading materials • Making suggestive gestures or sounds - Whistling or leering • Exerting unwanted pressure for dates • Sending letters or making telephone calls not wanted by the receiver • Inappropriate touching, patting, etc. • Telling dirty jokes • Extorting sexual favors from a subordinate We usually think of an injury as a traumatic event resulting in broken bones, or blood gushing from open wounds. People also suffer injuries that have no outwardly observable signs. These are psychological injuries which can be just as devastating, disabling and scarring as any visible injury. Victims of sexual harassment often s…
[10] Responding to Domestic Violence Abusers in the Workplace
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Open source documentSource 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…
[11] Responding to Domestic Violence Abusers in the Workplace
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Open source documentSource excerpt
# Domestic Violence Toolkit (cont.) ## V. RESPONSE AND ASSISTANCE TO EMPLOYEES WHO ARE VICTIMS (cont.) Model Policy # Domestic Violence Toolkit Workplace Policy on Domestic Violence, Sexual Assault and Stalking Page 4 of 14 ## A. Resources A supervisor or Responder will provide referral information to victims, which may include: 1. Employee Assistance Program; 2. Local domestic violence projects; 3. Local sexual assault centers; 4. Advocacy and legal services; 5. Medical and counseling services; 6. Security or other law enforcement agencies; and 7. Company Policy Concerning Workplace Response to Domestic Violence, Sexual Assault, and Stalking. ## B. Security If any person is in imminent danger in the workplace, that person, a co-worker, the person's supervisor, or any other person in a supervisory or managerial position should notify building security or local law enforcement. ## C. Safety Planning The company will work with victims to develop an individualized workplace safety plan when necessary. The safety plan may include, but is not limited to, the following measures: 1. Screening telephone calls; 2. Providing a new work space; 3. Setting an alternate work schedule; 4. Arranging an escort to and from parking areas; and 5. Sharing information concerning the perpetrator with local law enforcement. D. Reasonable and Necessary Leave Employees who are victims may need leave time. Leave will be consistent, at a minimum, with 26 M.R.S.A. §850, which requires employers to grant reasonable and necessary leave from work for an employee to prepare for and attend court proceedings; receive medical treatment or attend to medical treatment for a victim who is the employee's daughter, son, parent or spouse; or obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking. The leave must be needed because the employee or daughter, son, parent or spouse is a victim of violence, assault, sexual assault, stalkin…
[12] Toolbox Talk: Workplace Violence
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Open source documentSource excerpt
# WORKPLACE VIOLENCE Workplace Violence Last Review: 08/01/2025 Date Posted: 09/11/2024 ## Workplace Violence Workplace violence is a serious concern that can occur at any time and place, and can be instigated by anyone, including coworkers and strangers. It can manifest as physical assault or in the form of threatening or disruptive behavior, such as raised fists or condescending language. According to the Occupational Health and Safety Administration (OSHA), workplace violence encompasses any act or threat of physical violence, harassment, intimidation, or disruptive behavior that takes place at a worksite, and it can involve employees, clients, customers, and visitors. Workplace violence is currently the third leading cause of fatal occupational injuries in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), out of the 5,333 fatal workplace injuries that occurred in the United States in 2019, 761 were cases of intentional injury caused by another person. ## RECOGNIZE THE TYPES OF WORKPLACE VIOLENCE Workplace violence encompasses more than physical harm alone. refers to any type of aggressive, intimidating, or disruptive behavior that takes place during work hours. This can include harassment, threats of violence, and intimidation, as well as sexual harassment and bullying. Harassment is defined as any type of unwelcome or discriminatory verbal or physical contact, while bullying is described as repeated and unprovoked aggressive or hurtful conduct committed by one or more individuals against another. acts of • Physical Aggression: Physical aggression refers to the act of physically hurting another person. Even though this type of assault is purely physical, it can still cause disruption in the workplace and can take an emotional toll on you. Additionally, any threats made about harming you should also be considered an act of physical aggression. If either of these situations occur, it is crucial t…
[13] IHSA Safety Tool Box talks
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Open source documentSource 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 …
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