Beyond the Office | Preventing Workplace-Related Violence and Harassment

Defining Workplace-Related Violence and Harassment

This refers to any actions or behaviours that threaten, intimidate, harm, or demean an employee in connection with their professional role, regardless of the location. These incidents are not confined to the physical workplace and can occur in a variety of settings, including off-site business functions, client interactions, remote communications, and during commutes. They encompass a wide range of harmful acts, such as physical assault, verbal abuse, threats, bullying, and sexual harassment.

These risks highlight the importance of having comprehensive prevention strategies that address the varied situations employees might face. By understanding and preparing for these potential dangers, employers can develop proactive policies and training programs to protect their teams and ensure safety in any work-related setting.

Examples of Workplace-Related Violence or Harassment

1. Off-Site Business Functions: Incidents may happen during conferences, trade shows, or social events related to work, where employees interact in less formal settings.

• Example: A sales representative experiences harassment at a client-sponsored networking event.

2. Client Interactions: Employees visiting clients’ homes or meeting in public places may face aggression or harassment tied to their professional roles.

• Example: A social worker goes to a grocery store and runs into a client who proceeds to threaten them.

3. Remote Communications: Threatening phone calls, emails, or messages received at an employee’s home from clients or colleagues can constitute workplace-related violence.

• Example: A healthcare worker receives hostile messages from a patient’s family after delivering bad news.

4. Commuting Incidents: Violence can occur during commutes.

• Example: An employee is required to travel on public transit to get from one office location to another and while enroute is verbally or physically assaulted by a stranger.

Other Examples:

• A parks employee is assaulted while performing routine duties.
• A nurse entering a rooming house in a high-crime area is assaulted on the way to the patient’s room.
• A utility worker responding to an after-hours repair is injured during a robbery.
• A delivery driver accidentally cuts off another driver, who then approaches the worker and seriously threatens them.
• Stride v. Syra Group Holdings case: Jennifer Stride, employed by Syra Group Holdings as a property administrator and superintendent at an apartment building where she also resided, was harassed and assaulted by two tenants. Despite being aware of these incidents, Syra Group Holdings did not implement adequate measures to protect Stride or address the hostile environment. The court found that Syra Group Holdings neglected its duty to provide a safe work environment, violating the Ontario Human Rights Code and the Occupational Health and Safety Act.

Legal Responsibilities of Employers in Canada

Canadian employers are legally obligated to ensure the health and safety of their employees, including the prevention of workplace violence. This responsibility extends to off-site and non-traditional work environments. 

Key legal frameworks include:

Occupational Health and Safety Laws

• Provincial and territorial OHS legislation requires employers to assess risks, implement policies, and provide preventative training.
• Example: Ontario’s Occupational Health and Safety Act (OHSA) includes provisions covering work-related violence outside the workplace.
• Employers may be held civilly liable if they fail to take reasonable steps to protect employees from foreseeable harm. Article of Interest

Canada Labour Code (Federal Workplaces)

• Federally regulated employers must address risks associated with off-site work and client interactions under Part II of the Canada Labour Code.

Human Rights Legislation

• Employers may face liability for workplace-related violence correlated to human rights and workplace bullying.

Employer Responsibilities

Employers must adopt proactive measures to mitigate risks and protect employees from workplace-related violence, including:

1. Risk Assessments:
   • Evaluate potential threats, including off-site interactions, home visits, and high-crime areas.
2. Policies and Procedures:
   • Establish clear guidelines for preventing, reporting, and responding to incidents of violence and harassment.
3. Training Programs:
   • Equip employees with skills to handle specific threats, de-escalate conflicts, and follow emergency response plans. Examples include:
     • De-escalation Techniques: Real world strategies for safe and effective response to customer/client/public anger, verbal abuse, harassment, threats and acts of violence.
     • Workplace Awareness & Threat Assessment: Maintaining appropriate awareness levels, assessing situations & people, and recognizing serious warning signs.
     • Personal Safety Strategies: Including robbery and assault prevention and safe response.
4. Incident Investigations:
   • Promptly investigate incidents to identify causes and implement corrective measures.
5. Support for Victims:
   • Provide access to counseling for affected employees.

Preventative Training 

There are a number of training resources available for violence prevention. The various vendor curriculums typically explore the importance of body language, demonstrate how to stand at a safe distance, look at the cycle of anger, explain how to alert others, and review the importance of documentation. And when it comes to de-escalation strategies, they provide acronyms and systems of communication such as prescribed ‘paint by number’ responses and setting verbal limits. In the real world, these strategies may actually serve to escalate customer behaviours and do not support employees faced with dynamic, quickly changing circumstances.

It is critically important to question, will these suggested strategies actually assist our employees to prevent threats/acts of client, patient, or public violence? For example, the parks worker who decides to engage a member of the public regarding the rules of the park and finds themself being followed and eventually challenged to a fight. The social worker who on their day off, is approached by their client in a parking lot but hasn’t the assessment skills to determine if the angry client is wanting to vent or is planning to assault them. The real estate agent who finds themself alone with a creepy stranger after everyone else has left the open house. A prescribed response such as, ‘It appears that you are angry,’ or ‘In order for me to assist you, I will need you to stop speaking to me this way,’ is unlikely to be effectual in any of these situations, which is why having practical and proven effective training is critical.

Employee Safety First: Effective training will help to reinforce that workers ought to view their safety as the number one priority. For example, not completing the task at hand if there are serious warning signs or the employee simply feels unsafe due to their assessment.

Personal Safety Strategies: Workers, who perform duties in and around the community, should be provided with training that gives them the tools to enhance personal safety and manage potential threats they could be exposed to. 

Pre-Visit Planning:

• Check-in and check-out procedures.
• Assessing the safety of locations before arrival.
• Checking client files for previous history of harassment or violence.

Emergency Preparedness:

• Identifying alternative exits.
• Selecting safer parking locations.
• Emergency code phrases to alert colleagues.

Conclusion

Workplace-related violence and harassment is a complex issue that extends far beyond traditional workspaces. By recognizing that these risks demand serious attention and action from employers, organizations can take meaningful steps to safeguard their employees in all professional contexts. Through effective policies and procedures, comprehensive training, and functional support systems, organizations can create safer environments and ensure the well-being of their workforce. Prioritizing employee safety is not only a legal and ethical obligation but also a cornerstone of a productive and resilient workforce.

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