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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
POLICY
Workplace Violence Policy
CATEGORY
Corporate
AUTHORITY
All departments
RELATED POLICIES
Workplace Harassment and Discrimination Policy
Work Refusal Policy
Job Hazard Analysis (JHA)
Community Services Rzone Code of Conflict
APPROVED BY
Senior Management
EFFECTIVE DATE
2007/06/06
REVISION DATE
2016/05/01
________________________________________________________________________________________________________
POLICY STATEMENT
Guided by our corporate values, the Corporation of the City of Guelph believes in
the prevention of violence and promotes an abuse-free environment in which all
people respect one another and work together to achieve common goals. The
Corporation will not tolerate threats or acts of violence directed at workers by a
member of the public, between workers, or by a worker towards a member of the
public.
SCOPE
This policy applies to all City of Guelph full-time, part-time, casual and temporary
employees. It also applies to volunteers and councillors, while performing
authorized activities for the City of Guelph. It applies to any location in which you
are engaged in work-related activities, including those locations that are not
primary work sites. This may include social functions, training and conferences.
This policy also applies to situations where employees are threatened with and/or
subjected to violence in the workplace from individuals who are not employees of
the organization, such as customers and suppliers, although the available remedies
may be constrained by the situation.
PURPOSE
The Corporation of the City of Guelph is committed to:
(a) Providing and maintaining a healthy and safe work environment that is free
from any form of violence;
(b) Investigating reported incidents of violence in an objective and timely manner;
(c) Taking necessary action; and
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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
(d) Providing appropriate support for workers that are victims of violence.
No action shall be taken against an individual for making a complaint unless the
complaint is made maliciously and in bad faith.
PROCEDURE
It is our mutual responsibility to ensure that the Corporation creates and maintains
a violence-free workplace and address violence and/or the threat of violence from
all possible sources (including customers, clients, employers, supervisors, workers,
strangers and domestic/intimate partners).
The Corporation will do its part by not tolerating or condoning violence in the
workplace. This includes making everyone in our organization aware of what
behaviour is and is not appropriate, assessing the risk of workplace violence,
investigating complaints and imposing suitable corrective measures.
1) ROLES & RESPONSIBILITIES
i) Executive Management
Foster a respectful work environment free from violence.
Communicate this policy to managers/supervisors.
Ensure jobs that have high risk of violence are identified.
Ensure this policy is updated as necessary, but at least annually.
Ensure assessments of the workplace are completed as often as is
necessary to ensure compliance with workplace violence legislation.
ii) General Managers/Managers/Supervisors
Immediately contact the Advisor (Manager of Labour Relations or
designate) if you receive a complaint of workplace violence or witness or
are aware of violent behaviour or the threat to violent behaviour
Take every reasonable precaution to protect employees from workplace
violence, including evaluating a person's history of violent behaviour to
determine whether and to whom this employee poses a risk.
In making this evaluation general managers/managers/supervisors should
consider the following:
o Whether the person's history of violence was associated with the
workplace or work;
o Whether the history of violence was directed at a particular employee
or employees in general; and
o How long ago the incidence of violence occurred
In certain circumstances, general managers/managers/supervisors may
have a duty to provide information about a risk of workplace violence from
a person with a history of violent behaviour, if an employee can be
expected to encounter the person during the course of his or her work,
and the risk of violence has the potential to expose the employee to
physical injury.
Only release as much personal information about the person with a history
of violent behaviour as is reasonably necessary to protect the employee
from physical injury. Contact the Advisor (Manager of Labour
Relations or designate) before any information is released.
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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
Communicate this policy to employees and submit signed rosters to
Human Resources.
iii) Workers
Do their part by ensuring that their behaviour does not violate this policy
and by fostering a work environment that is based on respect.
Report to their supervisor or the Advisor (Manager of Labour Relations or
designate), the existence of any workplace violence or threat of workplace
violence.
iv) Advisor
Designated advisor under this policy will be the Manager, Labour Relations
or designate.
Provide support and direction to the employee(s) reporting incidents,
General Managers/Managers/Supervisors and the alleged person(s).
2) CORPORATE PROCEDURE FOR RESOLVING AND INVESTIGATING
WORKPLACE VIOLENCE
All employees have the right to refuse work that they believe is unsafe, and this
includes where they feel that workplace violence is likely to endanger them.
Where an employee feels that they may be, or have been subjected to workplace
violence, they are to immediately contact their supervisor, at which point
appropriate measures defined in the Work Refusal Policy, will be taken to protect
the employee and investigate the situation.
The employee will be moved to a safe place as near as reasonably possible to their
normal work station and will remain available for the purposes of incident
investigation.
Where possible to do so, the employee may be provided with reasonable
alternative work during normal working hours.
o The Occupational Health and Safety Act (OHSA), currently prohibits
certain workers such as police officers, firefighters, correctional officers
and hospital employees from refusing work when the unsafe condition
is inherent in the work or is a normal condition of employment.
In appropriate circumstances, the Corporation may contact the police, or other
emergency responders as appropriate, to assist, intervene or investigate workplace
violence. Details about the measures and procedures for summoning immediate
assistance may include:
Equipment to summon assistance such as fixed or personal alarms, locator or
tracking systems, phones, cell phones, two way radios etc.;
Emergency telephone numbers and/or email addresses;
Emergency procedures
Provided the situation is dealt with quickly and the danger to workers is removed,
the necessity of work refusal may be alleviated.
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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
Investigation Procedure
Where an employee has reported the existence of any workplace violence or threat
of workplace violence to their supervisor, the supervisor will immediately ensure
the completion a Violence Occurrence Report in conjunction with the worker, and
upon completion will report to the Advisor (Manager of Labour Relations or
designate).
The Advisor will commence an investigation as quickly as possible. The Advisor may
choose to investigate or use an external investigator, depending on the nature of
the incident. The investigation will include:
conducting interviews of relevant individuals to ascertain all of the facts
and circumstances relevant to the complaint, including dates and
locations
reviewing any related documentation; and
making detailed notes of the investigation and maintaining them in a
confidential file
Once the investigation is complete, the Advisor and/or the investigator(s) will
prepare a detailed report of the findings.
Communication around completion of the Violence Occurrence Report will be
provided to the Joint Health and Safety Committee.
Corrective Action
The Advisor (Manager of Labour Relations or designate) will determine what action
should be taken as a result of the investigation, in consultation with the department
head. The level of discipline will be commensurate with the severity of the incident,
and where appropriate, giving consideration to the employee's employment history.
If a finding of workplace violence is made, the Corporation will take appropriate
corrective measures, regardless of the respondent's seniority or position in the
Corporation.
Corrective measures may include one or more of the following:
discipline, such as a verbal warning, written warning or suspension
without pay, termination with or without cause
referral for counselling (sensitivity training), anger management training,
supervisory skills training or attendance at educational programs on
workplace respect
reassignment or transfer
any other disciplinary action deemed appropriate under the circumstances
If an employee makes a complaint in good faith and without malice, regardless of
the outcome of the investigation, the employee will not be subject to any form of
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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
discipline. The Corporation will, however, initiate disciplinary proceedings against
anyone who brings a false and malicious complaint.
Domestic Violence
If an employee is experiencing domestic violence that would expose them to
physical injury in the workplace or they believe that they are at risk of suffering
from domestic violence in the workplace, they may seek immediate assistance by
contacting their supervisor or the Advisor, and follow the process outlined
previously.
The Corporation will take every precaution reasonable to protect the employee and
their co-workers in the circumstances. This may include some or all of the
following;
creating a safety plan
contacting the police
establishing enhanced security measures such as a panic button,
code words, and door and access security measures
screening calls and blocking certain email addresses
setting up priority parking or providing escorts to your vehicle or
to public transportation
adjusting working hours and location so that they are not
predictable; and
facilitating access to counselling through the Employee
Assistance Program or other community programs.
The Corporation appreciates the sensitivity of these issues and will endeavour to
assist employees as discreetly as possible while maintaining privacy.
Confidentiality of Complaints and Investigations
The Corporation recognizes the sensitive nature of harassment and violence
complaints and will keep all complaints confidential, to the extent that it is able to
do so. The Corporation will only release as much information as is necessary to
investigate and respond to the complaint or situation or if required to do so by law.
Out of respect for the relevant individuals, it is essential that the complainant,
respondent, witnesses and anyone else involved in the formal investigation of a
complaint maintain confidentiality throughout the investigation and afterwards.
Protection from Retaliation
The Corporation will not tolerate retaliations, taunts or threats against anyone who
complains about harassment or takes part in an investigation. Any person, who
taunts, retaliates against or threatens anyone in relation to a harassment or
violence complaint, may be subject to accelerated discipline up to and including
termination of employment.
DEFINITIONS
Domestic Violence
Any incident of threatening behaviour, violence or abuse (psychological, physical,
sexual, financial or emotional) between adults who are or have been intimate
partners or family members, regardless of gender or sexuality
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CITY OF GUELPH CORPORATE POLICY AND PROCEDURE
Workplace Violence
Defined under the Occupational Health and Safety Act as:
a) the exercise of physical force by a person against a worker, in a
workplace, that causes or could cause physical injury to the worker,
b) an attempt to exercise physical force against a worker, in the workplace,
that could cause physical injury to the worker,
c) a statement or behaviour that is reasonable for a worker to interpret as a
threat to exercise physical force against the worker, in a workplace, that
could cause physical injury to the worker.
It is defined broadly enough to include acts that may be considered criminal.
Workplace Violence includes:
physically threatening behaviour such as shaking a fist at
someone, finger pointing, destroying property, throwing objects
verbal or written threats to physically attack a worker
leaving threatening notes or sending threatening emails
wielding a weapon at work
stalking someone; and
physically aggressive behaviours including hitting, shoving,
standing excessively close to someone in an aggressive manner,
pushing, kicking, throwing an object at someone, physically
restraining someone or any other form of physical or sexual
assault
Violence that occurs outside the normal workplace but which has an impact on the
working environment, including working relationships, may also be considered
violence in the workplace.
Workplace
Any location where a City of Guelph worker is carrying out their occupational duties,
including those locations that are not on the primary work sites. This may include
city vehicles, social functions, training and conferences, or any other location where
the worker may be deemed to be 'at work'.
Reference Documents
Occupational Health & Safety Act, R.S.O. 1990, c. O.1
Criminal Code of Canada, Part VIII - Offences Against Person & Reputation
CUPE 241 Collective Agreement Article 5.0
CUPE 973 Collective Agreement Article 4.0
CUPE 1946 Collective Agreement Article 4.0
ATU 1189 Collective Agreement Article 6.0