Workplace Violence & Harassment Prevention

Table of Contents

1. Purpose & Scope
2. Legal Framework
3. Definitions
4. Employer Obligations
5. Risk Assessment
6. Worker Rights
7. Reporting Procedures
8. Investigation Process
9. Domestic Violence in the Workplace
10. HCMI Zero-Tolerance Policy
11. Complaint Form Information
12. Support Resources

1. Purpose & Scope

Every worker has the right to a workplace free from violence and harassment. HCMI is committed to providing a safe and respectful work environment on every church construction project we manage. This guide explains the legal requirements, HCMI policies, and the procedures for reporting and responding to workplace violence and harassment.

This policy applies to all HCMI employees, subcontractors, suppliers, clients, church congregation members who interact with the construction site, and any other person who attends an HCMI workplace. It covers conduct at the construction site, in the site trailer, at HCMI offices, during work-related travel, and at any work-related social event.

2. Legal Framework

• OHSA s.32.0.1 through s.32.0.8 — enacted through Bill 168 (2010), these sections establish employer obligations related to workplace violence and workplace harassment prevention.
• O. Reg. 381/15 — enacted through Bill 132 (2016), this regulation strengthens protections against workplace sexual harassment, requires investigation procedures, and broadens the definition of workplace harassment.
• OHSA s.32.0.1(1) — defines workplace harassment as 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.
• OHSA s.32.0.1(1)(b) — defines workplace sexual harassment as engaging in a course of vexatious comment or conduct of a sexual nature, or making a sexual solicitation or advance where the person knows or ought reasonably to know it is unwelcome.
• OHSA s.32.0.2 — defines workplace violence as the exercise of physical force, or an attempt or threat of physical force, against a worker that causes or could cause physical injury.
• Ontario Human Rights Code — prohibits discrimination and harassment based on protected grounds (race, sex, disability, etc.).

3. Definitions

Workplace Violence (OHSA s.32.0.2)

Workplace violence means:

• The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker.
• An attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker.
• A statement or behaviour that it 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.

Workplace Harassment (OHSA s.32.0.1)

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. This includes but is not limited to:

• Repeated offensive jokes, slurs, or name-calling.
• Intimidation, bullying, or aggressive behaviour.
• Displaying or circulating offensive pictures or materials.
• Persistent unwelcome invitations or requests.
• Deliberately excluding or isolating a worker.
• Spreading malicious rumours or gossip intended to harm a worker's reputation.

A reasonable action taken by an employer or supervisor relating to the management and direction of workers in the workplace is not workplace harassment. This includes performance reviews, work assignments, disciplinary measures, and attendance management conducted in a respectful manner.

Workplace Sexual Harassment (OHSA s.32.0.1(1)(b))

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 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.

4. Employer Obligations

Under the OHSA, HCMI must:

1. Develop written policies on workplace violence and workplace harassment (OHSA s.32.0.6(1)).
2. Develop and maintain programs to implement the policies, including measures and procedures for reporting, investigating, and dealing with incidents (OHSA s.32.0.6(2)).
3. Review policies annually (OHSA s.32.0.6(3)).
4. Post policies in a conspicuous place in the workplace (OHSA s.32.0.6(4)).
5. Provide information and instruction to workers on the policies and programs (OHSA s.32.0.6(5)).
6. Conduct workplace violence risk assessments (OHSA s.32.0.3(1)).
7. Investigate all complaints of harassment and violence, and inform the complainant and respondent of the results (O. Reg. 381/15).
8. Disclose information about a person with a history of violent behaviour if a worker is likely to encounter that person during work (OHSA s.32.0.5(3)).

5. Risk Assessment

HCMI conducts a workplace violence risk assessment for each project that considers:

• Site location — urban vs. rural, neighbourhood risk factors, proximity to high-traffic public areas.
• Public interaction — church congregation members, delivery personnel, and members of the public may access or approach the construction site.
• Working alone — situations where workers may be on site alone (e.g., security, early morning start-up).
• Cash and valuables — tools, materials, and equipment that may attract theft.
• Past incidents — any history of violence or threats on the site or in the surrounding area.
• Multi-employer environment — multiple trades and subcontractors working simultaneously increases interpersonal conflict potential.

Risk assessment results are shared with the JHSC and used to develop site-specific controls such as improved lighting, controlled site access, buddy systems for isolated work, and security measures.

6. Worker Rights

Under the OHSA, every worker has the right to:

• A workplace free from violence and harassment.
• Report incidents of violence or harassment without fear of reprisal (OHSA s.50 protects workers from reprisal for exercising rights under the Act).
• Be informed of the results of a harassment investigation, including any corrective action taken (O. Reg. 381/15).
• Refuse unsafe work if workplace violence is likely to endanger them (OHSA s.43, subject to the specific conditions for construction projects).
• Be informed if a person with a history of violent behaviour is expected to be encountered during work.
• Access the workplace violence and harassment policies and programs.

7. Reporting Procedures

Any worker who experiences or witnesses workplace violence or harassment should report it as follows:

1. Immediate danger: If you are in immediate physical danger, call 911 first. Your safety is the priority.
2. Report to your supervisor: Inform your direct supervisor as soon as it is safe to do so. If your supervisor is the respondent, report to the HCMI safety coordinator or any HCMI manager.
3. Written complaint: Complete an HCMI Workplace Violence/Harassment Complaint Form (available from any supervisor, in the site trailer, or from the HCMI office). Include dates, times, locations, descriptions of the conduct, names of witnesses, and any evidence (text messages, photos, etc.).
4. Alternate reporting: If you are uncomfortable reporting to anyone on site, you may report directly to the HCMI head office at 519-509-6363 or by email to the safety coordinator. Reports can also be made anonymously, although anonymous reports may limit the ability to investigate fully.
5. JHSC notification: Incidents involving physical injury must be reported to the Joint Health and Safety Committee.

8. Investigation Process

All complaints of workplace violence and harassment are investigated promptly and thoroughly. The HCMI investigation process follows these steps:

1. Receipt of complaint: The complaint is acknowledged within 24 hours. Interim protective measures are implemented if needed (separation of parties, modified schedules).
2. Appointment of investigator: An impartial investigator is assigned. For serious allegations, HCMI may retain an external investigator. The investigator must have no conflict of interest with either party.
3. Investigation: The investigator interviews the complainant, respondent, and any witnesses. All relevant documents and evidence are reviewed. Both parties have the opportunity to respond to allegations.
4. Confidentiality: Information is disclosed only to those who need to know for the investigation. Both parties are reminded of their obligation to maintain confidentiality.
5. Findings and report: The investigator prepares a written report with findings of fact and conclusions as to whether the policy was violated.
6. Notification: Under O. Reg. 381/15, both the complainant and respondent must be informed in writing of the results of the investigation and any corrective action taken or that will be taken.
7. Corrective action: If the complaint is substantiated, corrective action is taken, which may include a verbal warning, written warning, suspension, termination, or other appropriate measures.
8. Follow-up: The HCMI safety coordinator follows up with the complainant within 30 days to ensure the behaviour has stopped and no reprisal has occurred.

9. Domestic Violence in the Workplace

Under OHSA s.32.0.4, if an employer becomes aware or ought reasonably to be aware that domestic violence may enter the workplace and expose a worker to physical injury, the employer must take every precaution reasonable in the circumstances for the protection of the worker. HCMI's approach:

• Workers are encouraged to disclose situations where domestic violence may follow them to the workplace. Disclosures are treated with strict confidentiality.
• HCMI will develop a safety plan with the affected worker, which may include modified site access procedures, changed work location, escort to and from the parking area, and notification of site security or police.
• Supervisors who observe warning signs (unexplained injuries, fearful behaviour, excessive personal phone calls from a distressed caller) should privately offer support and information about available resources.
• HCMI will not penalize a worker for disclosing domestic violence or for taking time off to attend court proceedings, seek medical attention, or access support services.

10. HCMI Zero-Tolerance Policy

HCMI maintains a zero-tolerance policy for workplace violence and harassment. This means:

• No form of violence, threat, intimidation, bullying, harassment, or sexual harassment will be tolerated from any person on an HCMI workplace.
• This includes conduct by HCMI employees, subcontractor workers, church congregation members, suppliers, and any other person.
• Substantiated complaints will result in corrective action up to and including termination of employment or removal from the project (for non-employees).
• Criminal conduct (assault, uttering threats, criminal harassment/stalking, sexual assault) will be reported to police in addition to internal action.
• HCMI will cooperate fully with police investigations.

11. Complaint Form Information

The HCMI Workplace Violence/Harassment Complaint Form is available from any supervisor, in the site trailer document rack, or from the HCMI head office. The form requests the following information:

• Complainant's name, position, and contact information.
• Name and position of the person(s) whose conduct is being reported.
• Date(s), time(s), and location(s) of the incident(s).
• Detailed description of the conduct or behaviour.
• Names of any witnesses.
• Any evidence available (text messages, emails, photos, written notes).
• Impact of the conduct on the complainant (emotional, physical, work performance).
• Any previous reports or complaints about the same person or behaviour.
• Desired outcome or resolution.

Completed forms should be submitted to the HCMI safety coordinator or any HCMI manager. If the complaint involves the safety coordinator, submit the form to the HCMI owner/principal directly.

12. Support Resources

Workers affected by workplace violence, harassment, or domestic violence can access the following resources:

• HCMI Employee Assistance Program (EAP): confidential counselling available 24/7. Contact information is posted in the site trailer and available from any supervisor.
• Assaulted Women's Helpline: 1-866-863-0511 (24/7, multilingual).
• Ontario's Mental Health Helpline: 1-866-531-2600.
• Crime Stoppers: 1-800-222-8477 (anonymous reporting).
• Ontario Human Rights Commission: 1-800-387-9080 (for complaints of discrimination-based harassment).
• Ministry of Labour: 1-877-202-0008 (to report employer non-compliance with OHSA violence/harassment provisions).