This is the exact embedded text of the captured official document.
Snapshot dcd822c09299 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
BY-LAW No. 2022-053
BEING
a by-law to repeal By-law No. 2018-081 and to
adopt
a
Workplace
Violence
and
Harassment
Policy.
WHEREAS
the Municipa/Act, 2001, c. 25 s. 5 (1) provides that
the powers of a municipal corporation are to be
exercised by its council;
AND WHEREAS
the Municipa/Act, 2001, c. 25 s. 5 (3) provides that
the powers of every council are to be exercised by
by-law;
AND WHEREAS
Council did, on the 26"' day of September, 2018,
pass By-law No. 2018-081 to adopt a Workplace
Violence and Harassment Policy;
AND WHEREAS
Council deems it advisable to adopt an updated
Workplace Violence and Harassment Policy for the
Township of South Stormont.
NOW THEREFORE
Council of the Township of South Stormont enacts
as follows:
1.
That the
Workplace
Violence
and
Harassment
Policy, attached hereto and forming part of this by-
law, be adopted effective July 13, 2022.
2.
That By-law No. 2018-081 is hereby repealed.
READ AND PASSED in open Council signed and sealed this 13th day of
July, 2022.
p
,
~
1
F
Mayo
I
D clerwj QLMW
(
I
W
TOWNSHIP o|= SOUTH STORMONT
__
_
Title: Workplace Violence and Harassment Policy
Schedule "A" to By-law No. 2022-053
|
Policy Category: Health and Safety
Effective Date: July 13, 2022
Revision Date:
1
POLICY STATEMENT
1.1
The Township is committed to providing a safe and healthy workplace. The
Township will treat any complaint of workplace harassment or violence as a
serious matter.
2
PURPOSE
2.1
The purpose of this policy is to establish measures and procedures to respond
to risks, complaints, and instances of workplace violence and/or harassment.
This policy is intended to ensure all complaints are handled in a timely and
equitable manner.
3
SCOPE
3.1
This policy applies to all workers and addresses instances of workplace
violence or harassment perpetrated against workers by members of the
public.
DEFINITIONS
"Committee Appointee" includes any appointee to any committee of the Township or
any person acting for the Township on any committee.
"Domestic Violence" means the exercise of physical force that could cause physical
injury, an attempt to exercise physical force that could cause physical injury, or a
statement or behavior that is reasonably interpreted by its target as a threat to
exercise physical force that could cause physical injury by a person who has a
personal relationship with a worker, such as a spouse or former spouse, current or
former intimate partner or a family member.
"Elected Official" includes any elected official.
"Health and Safety Representative (HSP)" mean an employee selected by the
workplace or by fellow employees. The representative has many of the powers of the
Joint Health and Safety Committee as per the Occupation Health and Safety Act,
1990 (OHSA).
1
"Joint Health and Safety Committee (JHSC)" consists of management and worker
representatives working together to improve occupational safety and health in their
workplace.
"Member of the Public" means any individual who is in the workplace who is not a
worker.
"Worker" includes all full-time employees, part-time employees, union employees,
non-union employees, elected officials, worker or management representatives of
the Joint Health and Safety Committee, Health and Safety Representatives,
volunteers, contractors, consultants, interns, supervisors and managers who
perform work for the Township.
"Workplace" means any land, premises, location or thing at, upon, in or near which
a worker works.
"Workplace Harassment" means 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, or workplace sexual harassment;
Workplace harassment does not include a reasonable action taken by an employer
or supervisor relating to the management and direction of workers or the
workplace.
"Workplace Sexual Harassment" means engaging in a course of vexatious comment
or conduct against a worker in a workplace because of sex, sexual orientation,
gender identity or gender expression, where the course of comment or conduct is
known or ought reasonably to be known to be unwelcome, making a sexual
solicitation or advance
OF
Making a sexual solicitation or advance where the person making the solicitation or
advance is in a position to confer, grant or deny a benefit or advancement to the
worker and the person knows or ought reasonably to know that the solicitation or
advance is unwelcome.
"Workplace Violence" means The exercise of physical force by a person against or a
worker, in a workplace that causes or could cause physical injury to the worker; An
attempt to use physical force against a worker, in a workplace, that could cause
physical injury to the worker and/or a statement or behavior 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.
2
GENERAL RESPONSIBILITIES OF WORKERS
Compliance: It is the responsibility of all workers to comply with this policy
at all times to protect themselves and others in the workplace from workplace
violence and harassment.
Cooperation: It is the responsibility of all workers to fully cooperate in
any investigation of complaints or incidents or breaches of this policy.
Training: It is the responsibility of all workers to participate in any training
session conducted by the Township regarding this policy.
GENERAL RESPONSIBILITIES OF THE TOWNSHIP
Written Policy: The Township shall prepare a policy with respect to
workplace violence and workplace harassment. This document satisfies that
duty.
Review of the Written Policy: The Township shall review the policy with
respect to workplace violence and workplace harassment as often as is
necessary, but at least annually.
It shall be the responsibility of the Joint Health and Safety Committee and
Health and Safety Representatives to undergo a review of this policy as often
as is necessary, but at least annually and make recommendations to the CAO
in accordance with that review.
Posting of Policy: This policy shall be in written form and shall be posted at
a conspicuous location in the workplace.
It shall be the responsibility of the Director or Supervisor of any Township
workplace to ensure this policy is posted at a conspicuous location within
their department.
Assessment of Risks of Violence: The Township shall assess the risks of
workplace violence that may arise in the workplace and reassess as often as
is necessary to ensure that this policy and the program implementing this
policy continue to protect workers from workplace violence.
The Health and Safety Representatives and the Township's Joint Health and
Safety Committee shall assess the risks of workplace violence that may arise
from the nature of the workplace, the type of work or the conditions of the
work. The assessment shall take into account circumstances that would be
common to similar workplaces and circumstances specific to the workplace as
3
well as possible mitigation that the employer can provide. A reassessment of
the risks of workplace violence shall be conducted as often as is necessary to
ensure that the policy continues to protect workers from workplace violence.
The results of all risk assessments and reassessments shall be submitted to
the Fire Chief (for the fire department) and to the Human Resources
Coordinator for all other workplaces. The CAO shall undertake an annual
review of the results of the risk assessments in consultation with the Directors,
the Joint Health and Safety Committee and the Health and Safety
Representatives.
Information and Instruction: The Township shall provide workers with
information and instruction that is appropriate for the worker on the contents
of the policy and program with respect to workplace violence and harassment.
It shall be the responsibility of the CAO to ensure all workers are provided
appropriate instruction and information regarding the Workplace Violence and
Harassment Policy and Program.
Information - Workplace Violence: The Township shall provide
information, including personal information, related to a risk of workplace
violence from a person with a history of violent behaviour if the worker can be
expected to encounter that person in the course of their work and the risk of
workplace violence is likely to expose the worker to physical injury. The
Township shall not disclose more personal information than is reasonably
necessary in the circumstances to protect a worker from physical injury.
In circumstances where the risk of workplace violence is not imminent, it
shall be the responsibility of the CAO to determine what personal information,
if any, shall be provided to workers to protect them from physical injury.
In circumstances where the risk of workplace violence is imminent, the
worker with information about the risk shall disclose the personal information
that is reasonably necessary to protect a worker from physical injury.
Precautions -- Domestic Violence: If the Township becomes aware, or
ought reasonably to be aware, that domestic violence that would likely expose
a worker to physical injury may occur in the workplace, the Township shall
take every precaution reasonable in the circumstances for the protection of
the worker. This could include but is not limited to:
4
'
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
Reprisal: This policy prohibits reprisals against workers who have made good
faith complaints, provided information regarding a complaint or incident of
workplace violence or harassment or who have followed the procedures
outlined in the policy. Any worker who must leave the workplace due, in their
opinion, to an imminent threat of violence will not be penalized with a loss of
pay or other penalties.
Employees who engage in reprisals or threats of reprisals may be disciplined
up to and including dismissal from employment.
In order to protect employees from possible reprisals identifying information
about any individuals involved shall not be disclosed unless the disclosure is
necessary for the purpose of investigation or taking corrective action or is
otherwise required by law.
A worker who makes a false complaint or otherwise abuses this policy may
be disciplined up to and including dismissal from employment. Such discipline
is not a reprisal or breach of this policy.
Program: The Township shall develop and maintain a program to implement
this policy with respect to Workplace Violence and Workplace Harassment.
The Program implementing this policy follows.
CONTACT
For more information on this policy, contact: Chief Administrative Officer
5
Schedule A: Workplace Violence Program
CONTROL OF RISKS
1.
If the CAO and/or Director/Super\/isor are notified of risks of workplace
violence, they shall take all reasonable precautions in the circumstances
to control the risks that are likely to expose a worker to physical injury.
This could include but is not limited to:
a) Removing an individual from the workplace
b) Creating a safety plan
c) Contacting the police
d) Establishing enhanced security measures
e) Screening calls and blocking certain email addresses
f) Setting up priority parking
SUMMONING IMMEDIATE ASSISTANCE
2.
Any worker who witnesses or experiences workplace violence or who feels
in imminent danger shall:
a) ensure they are in a safe location which may include leaving the
workplace;
b) if, in their opinion, the situation warrants, contact the police by dialing
911;
c) follow the reporting procedures that follow.
REPORTING WORKPLACE VIOLENCE
3.
A worker shall report acts of workplace violence to the immediate
Director/Supervisor by completing an Incident Report Form (Schedule
"C") as soon as is reasonably possible. The Director/Supervisor shall be
responsible for forwarding the complaint to the CAO.
4.
If the worker does not have a Director/Supervisor or if the immediate
Director/Supervisor is the alleged perpetrator of the incident, the worker
can submit the Incident Report Form directly to the CAO.
6
If the CAO is the alleged perpetrators, the Incident Report Form can be
forwarded to the Mayor. The Mayor (or designate) will take the place of
the CAO in the procedures that follow.
INVESTIGATION OF WORKPLACE VIOLENCE COMPLAINT
The CAO or designate shall commence an investigation of the incident to
determine the merit of the claim typically within 3 days of receiving the
Incident Report Form or as soon as practicable. The investigation may
include inten/iewing the individual filing the incident report, the individual
against whom the report was made and any witnesses to the incident. The
Township may engage the services of an external investigator in
appropriate circumstances.
Any identifying information about any individuals involved in the incident
shall not be disclosed unless the disclosure is necessary for the purposes
of investigating or taking corrective action with respect to the incident or
complaint, or is otherwise required by law.
The CAO shall provide written notice within 1 week of the completion of
the investigation to the complainant and the respondent, if they are a
worker, of the outcome of the investigation and any remedial or corrective
action that has taken place and/or will continue to take place.
DISCIPLINE
Where a worker is found to have engaged in conduct that is found to be
workplace violence, they will be subject to discipline in accordance with
the Township's Disciplinary Procedure.
7
Schedule B: Workplace Harassment Program
INFORMAL PROCEDURES
If a worker believes that they are being harassed and feels comfortable
doing so, the worker should address the situation directly with the
perpetrator. Although this may be difflcult to do, telling the person their
actions are unwanted and causing discomfort is often enough to stop the
behaviour.
Some of the things that can be said that might stop the behaviour
include:
"I don't want you to do that.", "Please stop doing or saying"
"It makes me uncomfortable when you", "I don't find it funny when you"
If the harassment continues after the worker has confronted the
individual, the worker may want to provide the individual with a written
statement of the situation. Include specific details of the behaviours
considered to be harassing, a request to the harasser to stop and your
expectations that they will stop.
Provide details of the next steps you plan to take if the harassment does
not stop e.g., filing a formal complaint. Make sure you keep a copy of this
statement for yourself.
It helps to keep a record of any incident(s) of harassment. This includes
when the harassment started, what happened, whether there were any
witnesses and the response.
If a worker believes that someone who is not a worker, as that term is
defined herein (e.g., a resident, supplier, etc.), has harassed a worker,
please report the harassment to the Director/Supervisor. Although the
Township has limited control over third parties, we will do our best to
address the issue and prevent further problems from arising.
REPORTING WORKPLACE HARASSMENT
If the complaint cannot be resolved informally or if it is too serious to
handle on an informal basis, the worker shall report acts of workplace
harassment to the immediate Director/Supervisor by completing an
Incident Report Form (Schedule "C") as soon as is reasonably possible.
The Director/ Supervisor shall be responsible for forwarding the complaint
to the CAO.
8
5.
If the worker does not have a Director/Supervisor or if the immediate
Director/Supervisor is the alleged perpetrator of the incident, the worker
can submit the Incident Report Form directly to the CAO.
6.
If the CAO is the alleged perpetrator, the Incident Report Form can be
forwarded to the Mayor. The Mayor (or designate) will take the place of
the CAO in the procedures that follow.
7.
A formal report or complaint of workplace harassment is not necessary to
trigger the Employer's obligation to investigate an incident of workplace
harassment. Where any Supervisor or Director becomes aware of
an incident of workplace harassment, that information should be directed
to the CAO and the investigation procedures outlined below should be
followed.
INVESTIGATION OF WORKPLACE HARASSMENT COMPLAINT
8.
The CAO or designate shall commence an investigation of the incident that
is appropriate in the circumstances to determine the merit of the claim
typically within 3 days of receiving the Incident Report Form or as soon as
is practicable. The investigation may include interviewing the individual
filing the incident report, the individual against whom the report was
made and any witnesses to the incident. The Township may engage the
services of an external investigator in appropriate circumstances.
9.
Any identifying information about any individuals involved in the incident
shall not be disclosed unless the disclosure is necessary for the purposes
of investigating or taking corrective action with respect to the incident or
complaint or is otherwise required by law.
10.
The Township shall provide written notice within 1 week of the completion
of the investigation to the complainant and the alleged harasser, if they
are a worker, of the outcome of the investigation and any remedial or
corrective action that has taken place and/or will continue to take place.
DISCIPLINE
11.
Where a worker is found to have engaged in conduct that is found to be
workplace harassment, they will be subject to discipline in accordance
with the Township's Disciplinary Procedure.
9
Schedule "C" Incident Reporting Form
PERSONAL INFORMATION OF THE INDIVIDUAL FILING THE INCIDENT REPORT
,l
NAME
I
PHONE
DEPARTMENT
I
EMAIL
NATURE OF INCIDENT
U Harassment
I] Violenoe
U Other:
INDIVIDUAL NAMED AS INSTIGATING THE
INCIDENT
INCIDENT DETAILS
Date:
ime:
I
Location:
Explain the incident with as much detail as possible. Attach additional pages if necessary
Did you
ask the individual to stop
the behaviour?
lfnotwhy not?
E] Yes |:| No
WITNESS(ES)
NAME:
I
NAME:
CONTACT:
I
CONTACT:
What actionlresultwould you like to see as an outcome of this incident?
Identifying information about any individuals involved shall not be disclosed unless the disclosure is necessary for the purpose of
investigation or taking corrective action or is otherwise required by law.
This Incident reportform should be sent in a sealed envelope or via email to your Director and/or CAO
10