Workplace Violence Prevention – Frequently Asked Questions

“Workplace violence” is defined in section 20.2 of the Canada Occupational Health and Safety Regulations (COHSR) as “any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee.” In order for an incident to be considered under Part XX of the COHSR it must satisfy this definition.

Factors that contribute to workplace violence include, but are not limited to, bullying, teasing, harassment, and abusive or other aggressive behaviour. These factors do not necessarily constitute workplace violence, but left unresolved could lead to an incident of workplace violence. It is imperative that managers and supervisors are able to recognize these factors and:

• Take steps to prevent them through awareness; and
• Take action to resolve them at the earliest possible stage when they occur.

Certain stressors can increase the risk of workplace violence including:

• Personal‑life events contributing to stress
• Work‑life events which increase stress
• Difficult inter‑office relationships
• Feeling as though one has been treated unfairly
• Work climate/environment

These stressors differ from factors that contribute to workplace violence in that instead of recognizing, preventing, and resolving them, they may require managers and supervisors to be aware of them and manage them on an ongoing basis. More information is available in the tool Stressors and Aspects of Work That Can Increase the Risk of Workplace Violence.  

Informal resolution is the process of resolving an issue/situation through informal discussions and/or mediation. Managers and supervisor may use informal resolution to address any issues/situations that they feel comfortable resolving on their own as long as it is safe to do so. The Office of Informal Conflict Management is available to assist both management and employees with this process.

Informal resolution can be particularly helpful when there is not one specific issue, but comments or behaviours create a tense, uncomfortable, or unwelcome work environment for individuals or groups over time. This may be the result of simple miscommunication, differences in personality or perceptions or may involve bigger issues such as favouritism, humiliation, belittling, unfair treatment, negativity, and disrespect.

Determining whether an incident should be considered workplace violence or harassment can be difficult because there are a number of similarities and overlap between the two. For this reason, each incident needs to be considered on a case‑by‑case basis. Information on the similarities and differences between harassment and workplace violence is available in the Workplace Violence and Harassment Tool.

ESDC is committed to preventing workplace violence in all its workplaces, where workplace violence is not acceptable and will not be tolerated. This commitment includes taking reasonable actions to prevent workplace violence by:

1. Dedicating attention, resources, and time to address factors that contribute to workplace violence, and to prevent and protect against them;
2. Communicating to its employees information in its possession about factors contributing to workplace violence;
3. Attempting to resolve conflicts at the earliest possible stage; and
4. Providing training and tools on workplace violence.

Every employee is expected to treat individuals in the workplace with respect, and work to provide a safe, healthy, and violence‑free workplace in accordance with the Canada Labour Code Part II (CLC Part II) and COHSR Part XX. Additionally, everyone has a responsibility to follow the Departmental Code of Conduct as part of the conditions of their employment.

In addition to the general duties under Module I of the OHS Program, employees are responsible to:

• Refrain from engaging in workplace violence;
• Report any incidents of workplace violence;
• Cooperate in the investigation and resolution of matters involving workplace violence; and
• Complete mandatory training.

More information on these responsibilities is available in the Workplace Violence Prevention Online Training and the Policy.

In addition to the general duties under Module I of the OHS Program, managers and supervisors are responsible to:

• Understand their obligations relating to workplace violence;
• Prevent workplace violence by communicating information on factors that contribute to workplace violence to their employees;
• Take steps to ensure that workplace conflict is resolved at the earliest possible stage;
• Act on any incidents workplace violence or alleged workplace violence; and
• Complete training for managers and supervisors.

More information on these responsibilities is available in the Workplace Violence Prevention Online Training for Managers and Supervisors and the Policy.

According to the Departmental Workplace Violence Prevention Policy there are two types of workplace violence:

• Internal incidents – incidents of workplace violence directed by an employee or group of employees towards another employee or group of employees.
  
  
• External incidents – incidents of workplace violence directed by a client or other person towards an employee or group of employees.

The delegated manager is a manager designated by your Director General or Executive Director to assist your manager/supervisor and help guide the process for incidents of workplace violence, and alleged workplace violence. They may assist in analyzing allegations to determine if they meet the definition of workplace violence, if necessary. In instances where an incident is determined to be workplace violence but your manager/supervisor is unable to resolve it, they may consult with the delegated manager who will review the incident and the efforts made to resolve it, seek advice and guidance from subject matter experts, identify any immediate avenues of resolution, and recommend appropriate action to your manager.

Resolving incidents of workplace violence is a process, and in order for the process to operate effectively it requires the active participation of all parties involved. This requirement is laid out in the CLC Part II s.126.(1)(e), which states that “While at work, every employee shall…cooperate with any person carrying out a duty imposed under this Part”. Given the duty to cooperate, refusal by one or more party to participate in the resolution process will not be grounds to consider an incident of workplace violence to be unresolved. Instead, the manager/supervisor in conjunction with the delegated manager will examine the incident and attempt to resolve the situation with the information they have, take action as required, and consider the matter resolved.

In the context of workplace violence, a matter is generally understood to be resolved when the manager or delegated manager and the employee have taken reasonable measures to prevent the incident of violence from reoccurring. Measures could vary depending on the incident, but would most likely focus on ensuring adequate procedures or controls are in place, sufficient training and awareness activities are provided, and that the work environment is structured to prevent workplace violence.

The matter could be considered unresolved in situations where sufficient measures have not been put in place to prevent the workplace violence from reoccurring. If the matter remains unresolved, Section 20.9(3) of the COHSR requires the employer to appoint a competent person to investigate the workplace violence. This does not apply to situations where the employer and employee disagree whether or not an alleged incident constitutes workplace violence.

If you have an issue with how your incident is being handled you should speak to your manager or, if warranted, the delegated manager in an effort to identify and resolve the issue.

If, after speaking to your manager or the delegated manager, you still feel that the employer is not following the process outlined in Regulation XX you may refer to the Internal Complaint Resolution Process in s. 127.1 of the CLC, II as a method of recourse.

A competent person is someone who is appointed to investigate workplace violence “if the matter is unresolved” as indicated above. Information on the qualifications of a competent person as well as details regarding how they are appointed and their role can be found in the tool Selection of a Competent Person for Investigating Incidents of Workplace Violence.

Any information collected in the course of an investigation is subject to the Privacy Act, other relevant privacy laws, and the departmental Privacy Codes.

There is an interactive Workplace Violence Prevention Online Training package that is mandatory for all employees, including managers and supervisors, available through the College@ESDC Online Learning Campus.

• Workplace Violence Prevention Online Training

In addition to the mandatory training, there are available courses that cover other aspects of workplace violence prevention including:

• Workplace Violence Prevention Online Training for Managers and Supervisors
• Informal Conflict Management for Access Points (College@ESDC OLC)
• Dealing with Difficult and Distressed Client Behaviours (College@ESDC OLC)
• Defusing Crises when Dealing with Difficult Clients (Canada School of Public Service)
• Conflict Coaching Program for Supervisors (offert par le Bureau de la gestion informelle des conflits)

There are a number of resources available to employees and managers who require assistance dealing with an incident of workplace violence. See below for more details on these services.

Office of Informal Conflict Management (OICM)
The OICM is available to assist employees to prevent, manage, and resolve workplace conflicts in an informal way.

Employee Assistance Program (EAP) 
The EAP is available to assist employees who have personal concerns that affect their personal well‑being and/or work performance, including issues surrounding workplace violence. The EAP, can be reached by phone 24 hours a day, 365 day a year. 1‑800‑268‑7708 or TDD 1‑800‑567‑5803

Human Resources Service Centre (HRSC)
The HR Service Centre is available to assist managers with issues relating to workplace violence.