All employers required to assess risk of violence to workers
Manitoba has amended its Workplace Safety and Health Regulation to include new requirements to protect employees from workplace violence.
The changes will take effect on Aug. 31, 2011.
The new regulation requires workplaces in certain sectors which statistically have a greater risk of violence, including pharmaceutical dispensing, health care and education, to develop and follow a violence prevention policy.
Employers not working in the sectors outlined as higher risk must assess the risk of violence to workers. The assessment must be done in consultation with a committee or representative at the workplace. If there is no committee or representative, then the assessment must be done with the workers at the workplace.
If the assessment identifies a risk of violence, employers must develop a violence prevention policy to protect workers.
The policy must include:
•measures to summon immediate assistance when violent or threatening situations occur
•a description of any worksite at the workplace, where violence has occurred or may reasonably be expected to occur
•a description of any specific job functions where the worker has been or may reasonably be expected to be exposed to an incident of violence
•procedures a worker will follow to report an incident of violence to the employer
•procedures the employer follow to document and investigate any incident of violence, and to put any control measures in place as a result of the investigation to eliminate or reduce the risk of further occurrence
•a statement that the personal information disclosed, regarding an incident of violence, will be the minimum amount necessary
•a recommendation that a worker who has been harmed as a result of a violent incident at the workplace is advised to consult their health care provider for treatment or referral to post-incident counseling, if appropriate.
If a risk of violence has been identified, employers must inform workers about the extent and nature of the risk. This section of the regulation has been clarified to include:
•an employer’s release of personal information, regarding the risk of violence from a person who has acted violently in the past and whom workers may encounter while at work, unless otherwise prohibited by law
Each year employers must prepare a report on violent incidents that must contain:
•records of incidents of violence at the workplace
•results of any investigation into an incident of violence at the workplace, including a copy of any recommendations for control measures or for changes to the violence prevention policy and a copy of any report prepared
•a description of control measures put in place following investigation into an incident
The report must be provided to the committee at the workplace or the representative at the workplace. If there is no committee or representative at the workplace, the report must be provided to the workers.
