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Work Place Harassment and Violence Prevention Policy

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1. Effective date

This Work Place Harassment and Violence Prevention Policy (herein referred to as Policy) comes into effect January 1, 2021, and replaces the Policy on the Prevention and Resolution of Harassment in the Workplace (April 1, 2006) and the Policy on the Prevention of Workplace Violence (July 28, 2015).

1.1 Introduction

The Canadian Food Inspection Agency (CFIA) is committed to providing a work environment where all persons are treated with respect and dignity.

Harassment and violence affects the work place and individual well-being, and will not be tolerated. This Policy aims to prevent all forms of work place harassment and violence.

The Canada Labour Code (CLC) Part II was amended on October 28, 2018, to include provisions to protect employees from, and to prevent harassment and violence occurring at the work place. In essence, the definition of work place violence was expanded to accompany conduct that could constitute harassment.

The Work Place Harassment and Violence Prevention Regulations were published in the Gazette Part II on June 24, 2020, and identify prevention requirements regarding work place harassment and violence. Prevention requirements include (but are not limited to) the identification and assessment of risk factors contributing to work place harassment and violence, and the development and implementation of control measures to minimize work place harassment and violence or the risk of it.

Work place harassment and violence can originate from a variety of sources and could also include from a domestic conflict, cultural conflict, etc. However, any time work place harassment and violence and impacts employees of the CFIA, the CFIA will take all reasonable steps to address, resolve and protect against all sources of harassment and violence.

2. Application

This Policy applies to all work places controlled by the CFIA and to work places where CFIA employees are engaged in work activities on behalf of the CFIA.

The CFIA cannot enforce adherence to its policies by individuals visiting CFIA installations or to employees of third-party work places not under the control of the CFIA. However, the CFIA will not tolerate harassment and violence from any individual toward its employees or situations where harassment and violence in the work place has occurred between or by employees of third-party establishments. The CFIA will address the situation to the extent possible, through its internal controls as well as by reporting it to the Employer of the third-party employee(s) through appropriate channels.

This Policy also applies to persons employed, either in the work place or at any location or any event related to work, including;

3. Mission statement

The purpose of this Policy is to prevent and protect against all forms of work place harassment and violence and ensure that obligations, as outlined in the Canada Labour Code, Part II and the Work Place Harassment and Violence Prevention Regulations are respected and communicated.

The objective of this Policy is to set out for all CFIA executives, managers, supervisors and employees, the roles and responsibilities of CFIA personnel in regards to the prevention of actual and potential work place harassment and violence.

4. Authorities

The ultimate responsibility and authority for applying this policy rests with the President of the CFIA. However, every employee within the organization has a role in preventing work place harassment and violence. This policy is issued pursuant to the authorities indicated in section 10 of the Work Place Harassment and Violence Prevention Regulations.

5. Definitions

Harassment and violence

Means any action, conduct or comment including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee including any prescribed action, comment or conduct. (Canada Labour Code, Part II, subsection 122(1)).

An act of harassment and/or violence can take the form of physical contact or non-physical behaviours. Harassment and violence may occur as a single event or may involve a continuing series of incidents. Harassment and violence may involve relations amongst peers, visitors and external stakeholders.

It can also include abuse of authority as well as harassment within the meaning of the Canadian Human Right Act. (that is to say, race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.)

For further clarification on potential behaviours or actions that may meet the definition of harassment and violence, see the annex to this policy, entitled Guide for determining what constitutes harassment and violence.

Work Place

means any place where an employee is engaged in work for CFIA and includes any mode of transportation (such as a plane, train) where the employee is travelling in the course of business (Section 122 (1), CLC – Part II).

In some instances, CFIA as the employer, controls the activities of its employees but may not control the work place where work activities are being conducted.

A work place could also include off-site business-related facilities, or functions such as trade shows or conferences or any employer sponsored events, including social events.

Investigator

is a person who:

  • is trained in investigative techniques
  • has knowledge, training and experience that are relevant to harassment and violence in the work place
  • has knowledge of the Canada Labour Code Part II, the Canadian Human Rights Act and any other relevant legislation to harassment and violence in the work place
Principle Party
means any employee or employer who is the object of an occurrence.
Responding Party
means the person who is alleged to have been responsible for the occurrence.
Witness
means a person who witnessed an occurrence or is informed of an occurrence by the principal party or responding party.

6. Roles and responsibilities

Failure to implement and uphold the provisions of this Policy could be considered to be a breach of regulatory duty. Therefore, employer representatives (executives, managers and supervisors) could be subject to intervention measures, up to and including prosecution through Employment and Social Development Canada (ESDC) – Labour Program.

6.1 Employer

The President has delegated authority to the Vice-President – Human Resources as the Head of the Harassment and Violence Prevention Program, as well as the Designated Recipient responsibilities, and in this capacity, the Vice-President, Human Resources Branch, shall:

6.2 Office for Workplace Civility and Prevention of Harassment and Violence, Workplace Health & Diversity Directorate (Designated Recipient)

The Office for Workplace Civility and Prevention of Harassment and Violence is responsible for receipt of notifications of harassment and violence occurrences and shall:

6.3 Managers/Supervisors

Managers/Supervisors shall ensure that:

6.4 Employees

Employees shall:

6.5 Occupational Health & Safety Committees and Representatives

6.5.1 The National OHS Policy Committee shall

6.5.2 Work place OHS Committees and/or Health & Safety Representatives will

7. Risk factors that contribute to work place harassment and violence

Pursuant to the Work Place Harassment and Violence Prevention Regulations, the Employer is responsible to identify all risk factors that contribute to work place harassment and violence, assess the potential for work place harassment and violence, and develop and implement preventative measures including systematic controls to eliminate or minimize work place harassment and violence or the risk of work place harassment and violence to the extent reasonably practicable.

General risk factors, both internal and external to the work place must be taken into account. Such risk factors could include client characteristics, work environment, job factors and other external factors. The CFIA has some unique risk factors due to the nature of the work such as working in third party establishments, regulatory enforcement, working in isolation, shift work, emergency response deployment, and dealing with the public. Such risk factors in our various work sites must be considered in the joint work place assessment to develop and implement preventative measures and must be reviewed every three years or as mandated by the resolution process noted in the directive that accompanies this policy.

8. Training

Training in respect to harassment and violence will be developed or identified jointly (for example, Employer and National OHS Policy Committee) and is to be provided to employees, the employer and the designated recipient as appropriate at least once every three years. Training will at a minimum include education on the elements of this policy, the relationship between work place harassment and violence and the prohibited grounds of discrimination as noted in the Canadian Human Rights Act (CHRA) and how to recognize, minimize, prevent and respond to work place harassment and violence. The training should be reviewed every three years or when the policy is updated.

9. Resolution

In the event that an employee experiences or witnesses harassment or violence in the work place, the employee should seek assistance from a manager, union or Work Place OHS Committee Member or Health & Safety Representative, after removing themselves from harm. CFIA management must be advised of the situation as soon as possible. Management will assess the situation and implement measures to address and co-ordinate the appropriate response action in accordance with the CFIA Directive on the Resolution of Harassment and Violence in the Work Place (accessible only on the Government of Canada network).

If a harassment and violence occurrence poses an immediate danger to the health and safety of an employee, or if there is threat of such an occurrence, please contact the CFIA Security Division at cfia.security-securite.acia@inspection.gc.ca or by phone at 1-866-431-1141, or call 911 for emergency services (police, fire and ambulance) or the police as necessary.

10. Confidentiality/privacy

Confidentiality/privacy is an essential element of an effective resolution of a work place harassment or violence occurrence. Failure to respect privacy and confidentiality could compromise any resolution attempt, making it less effective. Any individual who becomes aware of a work place harassment or violence occurrence should not disclose any information to a third-party (i.e. anyone other than their manager, union representative/support person, designated recipient or investigator) unless required to by law. The names of individuals involved cannot be identified outside those mentioned above, without permission from those individuals.

The Office for Workplace Civility and Prevention of Harassment and Violence will be notified by all parties and/or stakeholders should they become aware that a potential breach of confidentiality may have occurred so that appropriate steps may be taken to ensure all involved are treated with respect and dignity.

11. Prohibited conduct

An employee shall not subject any person to work place harassment and violence or intentionally contribute to work place harassment and violence. Prohibited conduct in the work place includes, but is not limited to:

12. Corrective measures

Corrective measures under this policy are meant to address systemic issues in order to prevent and address work place harassment and violence in the work unit/work place as a whole.

Recommendations will be provided to the employer, through the investigation process, for consideration and implementation to address the systemic risk factors that contribute to work place harassment and violence in the work unit/work place. There is no personal remedy or redress options under this policy.

In order for the CFIA to complete its due diligence and provide a safe and respectful work place, a duty to refer exists in which the appropriate delegated authority will be notified of the event/issue giving rise to the work place harassment and violence. The delegated manager has a duty to address the issue giving rise to the occurrence. Should the CFIA determine that any sort of disciplinary measures be warranted, management will proceed in accordance with the CFIA Disciplinary Policy with the potential for measures up to and including termination.

Knowingly making false or vexatious complaints or retaliation against another employee for reporting an occurrence of work place harassmentor violence will not be tolerated and will be subject to disciplinary/corrective measures, up to and including termination in accordance with the CFIA Discipline Policy.

Employees will not be penalized or disciplined for making a complaint in good faith. In fact, employees have a legal obligation to report all hazardous situations noted during the course of employment and should be encouraged to report occurrences of work place harassment and violence so that they can be addressed and prevented.

13. Support

The CFIA will offer assistance (such as the Employee and Family Assistance Program) to all parties of work place harassment or violence incidents.

There are several CFIA resources available as assistance to employees exposed to work place harassment and violence, such as:

14. Monitoring and Reporting

Human Resources Branch will maintain and report on CFIA records of work place harassment and violence as prescribed by regulation, and provide an annual report to the CFIA National OHS Policy Committee.

Human Resource Branch will also provide on behalf of the Employer, by March 1st each year, an annual report to the Minister of Labour containing content as required by Section 36 of the Work Place Harassment and Violence Prevention Regulations.

The Employer will carry out its obligations under the Work Place Harassment and Violence Prevention Regulations in consultation with and through the participation of the National OHS Policy Committee. Human Resources Branch, in consultation with and with the participation of the National OHS Policy Committee, will review this Policy, including procedures, control measures and training for the prevention of work place harassment and violence at least once every three years.

15. Recourse

For employees, where at any time there is a dispute or complaint regarding the actions resulting from the application of this Policy or its supporting directives, the internal grievance process will apply in accordance with the CFIA Human Resources policies and Collective Agreements or the employee may exercise their right of redress under Section 133 of Part II of the Canada Labour Code as applicable.

16. References

17. Enquiries

Email: cfia.harassmentviolence-violenceharcelement.acia@inspection.gc.ca

Approval

This CFIA Work Place Harassment and Violence Prevention Policy has been approved by:

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Robert Ianiro
Vice President, Human Resources

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Date

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Siddika Mithani
President

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Date

Annex – Guide for determining what constitutes work place harassment and violence

Some questions to consider that can help determine whether the behaviour (that is to say, action, comment, or conduct) constitutes harassment and violence:

It is also important to consider the severity and impropriety of the act, the circumstances and the context of each situation, and whether the behaviour is prohibited under the Canadian Human Right Act. The prohibited grounds are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity and expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted.

The following are some examples, but not an exhaustive list, to clarify what is meant by harassment and violence. Note that physical and sexual assault are also covered by the Criminal Code.

What generally constitutes harassment and violence What may generally constitute harassment and violence will depend on circumstances What does not generally constitute harassment and violence
  • serious or repeated rude, degrading, or offensive remarks, such as teasing about a person's physical characteristics or appearance, put-downs or insults
  • displaying sexist, racist, or other offensive pictures or posters, or sending e-mails related to one of the 13 grounds prohibited under the Canadian Human Rights Act
  • criticizing an employee in public
  • leering or inappropriate staring
  • repeated offensive or intimidating phone calls, emails or texts
  • allocating work
  • following up on work absences
  • requiring performance to meet job standards (performance management)
  • taking disciplinary measures
  • repeatedly singling out an employee for meaningless or dirty jobs that are not part of his/her normal duties
  • exclusion from group activities or assignments
  • invading personal space
  • excluding individuals for a particular job based on specific occupational requirements necessary to accomplish the safe and efficient performance of the job
  • threats, intimidation or retaliation against an employee. This includes one who has expressed concerns about perceived unethical or illegal work place behaviours
  • statements damaging to a person's reputation
  • measures taken against someone who is careless in his/her work, such as in the handling of secret documents
  • unwelcome social invitations, with sexual overtones, or flirtation with a subordinate
  • sexually aggressive remarks
  • physical contact, such as touching or pinching
  • a social relationship welcomed by both individuals
  • friendly gestures among co- workers, such as pat on the back
  • actions such as yelling, shaking fists, destroying or throwing objects, hitting, shoving, pushing or kicking
  • Unresolved conflicts, including personality conflicts provided civility is exercised by both parties
  • Bullying
  • Trying to run down an worker using a vehicle or equipment
  • Supervisory mistakes made in good faith
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