As background, we met many years ago and have remained in touch periodically over the years. My friend is an international keynote speaker and has spent the last 20 years transforming people, workplaces and communities through empathic behavior change. The emphasis on his presentations focuses on empowering people to be the best versions of themselves.

This friend is an avid advocate for living healthy through eating well and keeping physically fit. He started working for an employer last year and was involved in organizing volunteers for various events hosted by that organization. A few weeks ago he was physically assaulted (punched) by another employee. Besides being totally caught off guard, this goes against everything he believes in and discusses in his presentations, that being “to help staff become more self-aware of their interactions and behaviors and to increase employee engagement”.

The assault was reported to the NYC police where the response was that they wouldn’t do anything because he wasn’t injured and nothing prosecutable happened. The offender had taken my friend’s phone and tossed it away shortly after; he was able to retrieve it. The police said, had the phone been taken, then there would have been a felony committed and grounds for an arrest, but not for the physical assault.

We also talked about the follow-up by HR and management which, to put it simply, was almost non-existent.

This was a clear-cut case of workplace violence. How differently it would have been handled in Ontario. Under Bill 168; Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), it is the employer’s responsibility to deal with this and ensure staff feel safe and work in a healthy environment. Violence and harassment investigations are mandatory when there is a formal complaint, or if the employer otherwise becomes aware of behaviour that contravenes the company’s policy.

Complaints should be investigated by someone in senior management, an HR representative and a member of the JHSC or health and safety representative. Investigation stages may include:

• Document review
• Interviews with the complainant
• Witness interviews
• An interview or interviews with the alleged harasser
• Examination of photos if applicable
• A review of any relevant electronic records, such as emails, phone records, texts, or video

All investigation actions (meetings, interviews, etc.), steps, and reviews must be carefully documented. Doing so supports due diligence. As well, the worker or workers who made the complaint must be kept apprised through the investigative process of the progress of the investigation.

I have also encountered workplace harassment, back in the day when it was overlooked, swept under the table and simply ignored. As we become more aware and open to discussing mental health, every incident of workplace violence and/or harassment must be addressed. It is an issue of a workplace’s health and safety culture.

I shifted from the original topic of this month’s Blog to tell this story as I felt it important to address the issue of workplace violence and how it is handled by HR and upper management.

Watch for next month’s Blog published in the first week of March.

Sincerely,

Carola Mittag

Consultant and Editor for Mentor Safety Consultants Inc.

The post A CASE OF WORKPLACE VIOLENCE – IGNORED appeared first on Mentor Safety Consultants - A Safety Co Partner.

The first piece of mail I received in 2023 was a letter from the Ontario Ministry of the Attorney General. I’ll admit, even though I know I’ve done nothing wrong, I delayed putting off opening the letter. I’m not sure how others feel when they receive an official government letter, but I am always a little nervous about what it might concern.

As it turned out it was a summons to appear for jury selection. I have never been through this process but do know that it is a summons that, as a citizen, I am obligated to answer. Many people I have spoken with were horrified at the thought of having to sit on a jury. While I don’t know if I’ll be selected and, if I am, for what kind of case but, think this is an opportunity to perform my civic duty and it might just be a very interesting experience. Of course, there are cases that I would choose not to have to sit in on; only time will tell what the issue will be, should I be chosen.

I can’t imagine having to be part of a murder or child abuse trial but am fully aware that it could be anything. Perhaps it could be a case of negligence, a workplace accident or a severe, life-altering injury. Given my background in health and safety, I wonder if a defense lawyer would even want me on the jury. I could be a valuable juror because of my understanding of health and safety but, could I be objective enough to fairly evaluate any evidence provided? A prosecutor would probably see my expertise as an advantage.

Another issue I would have to consider is that in all court cases not related to workplace death or injury, a defendant is considered innocent until proven guilty. The presumption of innocence is a principle that states the prosecution must prove guilt, and the accused is considered innocent until proven otherwise.

In health and safety law, an employer, a supervisor or any other person alleged to be responsible for a worker’s death or injury, is considered to be guilty until proven innocent. If a company is charged with a health and safety offense, it falls upon them to prove that they took all “reasonably practicable” precautions to prevent harm from occurring or to satisfy the duty or requirement in question. In this regard, in criminal health and safety trials – the defendant is ‘guilty until proven innocent’. The responsibility rests with the employer to prove they did all they could to prevent an accident, rather than with the prosecution to convince the court that they failed in their duty.

Well, the new year is off to an interesting start. I wish you all a happy, healthy and safe 2023!

Watch for next month’s Blog published in the first week of February.

Sincerely,

Carola Mittag

Consultant and Editor for Mentor Safety Consultants Inc.

The post GUILTY UNTIL PROVEN INNOCENT appeared first on Mentor Safety Consultants - A Safety Co Partner.