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Model Clause on Violence in the Workplace

1
Preamble

The parties recognize that violence constitutes a health and safety hazard in the workplace and that exposure to violence can result in both physical and emotional harm to employees who are the victims of workplace violence, including those who witness such violence. Moreover, the parties agree that violence of any form is unacceptable in the workplace and that the intent of this clause is to prevent workplace violence, and to minimize the occurrence and effects of violence in the workplace, should it occur. The parties agree that it is the employer’s obligation to provide a safe and secure working environment.

2
Definition

For purposes of this agreement "violence" includes any act that harms, attempts or threatens to harm the health and/or safety of an employee. This definition includes threatening statements or threatening behaviour that gives an employee reasonable grounds to believe that the employee is at risk of harm.

3
Refusal to work

(a) Employees have the right to remove themselves from any workplace situation which they believe creates an undue hazard to their health and safety. This right includes, but is not limited to, situations where employees perceive an immediate threat of violence to themselves.

(b) Employees who take action under 3(a) shall report the facts as soon as possible to the employer for investigation.

(c) Employees have the right to remain away from the workplace without loss of pay or benefits until such time as the employer has resolved the situation giving rise to the refusal to work to the satisfaction of the employee.

4
Violence prevention

The employer shall develop a workplace violence prevention plan that includes:

(a) provision of training and information to employees about workplace violence;

(b) specific procedures for reporting, investigating, and recording incidents of violence in the workplace;

(c) specific procedures for providing security controls and/or personal protective equipment and devices to employees at risk.

The employer shall provide, to all employees who are at risk of harm from violence in the workplace, information about the nature of the risk and the factors contributing to the risk. Such information shall be provided to the employee immediately after the employer learns of the risk.

The employer shall report all incidents of violence in the workplace, to the academic staff association and to all members, subject to the privacy rights of victims and perpetrators. The employer shall ensure that appropriate action is taken, including reporting such incidents to external authorities.

5
Effects of violence in the workplace

All employees who report harm resulting from an incident of workplace violence shall:

(a) have access to immediate first aid and transportation to the nearest medical facility;

(b) have access to emotional support, including but not limited to traumatic stress debriefing and counseling.

Provision of such treatment and services will be at the cost of the employer.

6
Access to psychological services

The employer shall provide free access to psychological services for all employees who may have been involved, directly or indirectly, or who may have witnessed a violent incident in the workplace. These employees include, but are not limited to, victims, witnesses, and the alleged perpetrators.