INTERNATIONAL NEWS (continued) Canada: Conducting a Workplace Violence Risk Assessment: Six Common Pitfalls
A properly conducted workplace violence risk assessment is the cornerstone of an effective, legally compliant workplace violence prevention and response program. Seven Canadian jurisdictions now require employers to assess the risk of violence in their workplaces under Occupational Health and Safety (OHS) legislation and it is important for organizations to learn from the common pitfalls. Employers should ensure they are conducting their risk assessment before they draft the workplace violence policy, make changes to the violence prevention program or deliver employee training. Simply filling out a “risk assessment checklist” is not sufficient because this usually only covers hazard identification rather than risk assessment. Organizations that operate in multiple locations must avoid creating a cookie-cutter assessment of one location and applying it to all. In addition, employers must involve their employees in the process to ensure OHS legislation compliance and to strengthen employee engagement and commitment. Don’t forget that the term “employee” extends to contract and traveling workers.
To read more, click here Harassment in the Workplace: Limitations on an Employer's Responsibilities
The recent introduction of requirements for policies and procedures relating to harassment and workplace violence in Ontario's Occupational Health and Safety Act (OHSA) has increased the regulatory workload on employers. How- ever, a recent decision by the Ontario Labour Relations Board (the Board) appears to limit to some extent the scope of an employer's added responsibilities. In the case of K. Annette Harper v Ludlow Technical Products Canada Ltd., the Board found that even though the employer has specific obligations and duties related to harassment and workplace violence under OSHA, there is no obligation on the part of the employer, and no jurisdiction provided to the Board, to ensure that the workplace is actually free of harassment. Similarly, the Board has no jurisdiction to ensure that a workplace harassment policy instituted by an employer is effective. Further, OSHA does not protect employees from reprisal in respect of a complaint about the effectiveness of the policy, where such a policy already exists.
To read more, click here Stalking Colleagues in Germany - A Reason for Dismissal Without Notice?
The German Federal Labour Court recently addressed the issue whether stalking colleagues can justify a dismissal without notice. The court held that, in general, the violation of a colleague's expressed wish to refrain from private approaches and the violation of his/her private sphere can justify a dismissal without notice. However, in some cases - depending on the special circumstances - it might be necessary to issue a previous warning. To ensure enforceabil- ity, employers would be well advised to issue a warning prior to a dismissal without notice for reasons of stalking.
To read more, click here
Survey Says: According to a AlliedBarton Security Services survey of 1,030 US working adults, 28% have personally experienced a violent event at work.
Want to Contribute an Article or Share Your Research or How You Handled a Situation? Contact Barry Nixon at
Barry@wvp911.com
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