Health & Safety Manual
January 25th 2023
The management team at Rebound Total Health is committed to protecting the health and safety of our employees, independent contractors, clients, and the public through the prevention of occupational illness and injury, and to conduct all activities in an environmentally responsible manner. The Company is committed to a goal of zero workplace related injuries and illnesses.
In fulfilling this commitment, the Director and Health and Safety Representative (HSR) shall ensure alignment of Rebound Total Health’s strategy and operations within this Health and Safety policy. The Company will conduct all operations in accordance with all applicable Health & Safety laws and regulations in Ontario, and Workplace Hazardous Materials Information System (WHMIS) regulations.
Moreover, Rebound Total Health is committed to the elimination of any foreseeable hazards that may result in personal injury, industrial illness, or property damage. The Company will strive to continuously improve Health and Safety performance by promoting practices that protect employees and the environment, including developing opportunities for recycling and pollution prevention and using energy, water, and other resources more efficiently.
Each employee and independent contractor at Rebound Total Health is responsible to perform their work safely in accordance with established procedures and to report all unsafe or unhealthy conditions to the HSR or Director. The first priority of all employees/contractors is to think and act in a manner which will protect their welfare and that of their fellow employees/contractors and customers. The Director will ensure that it is the responsibility of each employee to maintain safe and healthy work conditions, and that all hazards inherent to the process and the workplace environment are identified with resulting controls effectively communicated to the employees/contractors.
Furthermore, Rebound Total Health will undertake to earn the public trust by communicating openly about our policies, programs and performance, and by advocating sound laws and regulations.
This policy will be posted in Health and Safety manual and will be reviewed annually in accordance with the Occupational Health and Safety Act.
Brittany Barratt
Director
Date: January 25th 2023
About This Policy ManualThis policy manual serves as the foundation of the Company’s health and safety program. As the Company grows, evolves and matures, its health and safety program will grow, evolve and mature with it. The Company thus recognizes that maintaining a safe workplace is not a static exercise.
For this reason, the terms and provisions of this manual may need to be amended, supplemented or qualified by additional programs, policies, procedures and protocols that the Company may issue from time to time as the needs, duties and obligations of the Company change.
Similarly, should the Occupational Health and Safety Act “OHSA”, or any other applicable legislation, impose any requirement(s) that are not included in any of our health and safety programs, policies, procedures or protocols, or in the event that the OHSA, and any other applicable legislation, is amended so as to impose greater obligations than those set out by the Company in this manual, or in any other program, policy, procedure or protocol, then the provisions of the OHSA and/or all other applicable legislation shall prevail.
The electronic version of this manual constitutes the complete, up-to-date and official version. A printed copy of this document may not reflect the current official version. Therefore, paper versions of this policy should be cross-referenced with the electronic version.
Personal SafetyAt Rebound Total Health, we aim to provide a safe workplace, and give you the information and training you need to protect your well-being. Working together, we can maintain a safe environment and protect ourselves and others from injury. It is the responsibility of all employees/contractors to help take care of each other and our work areas. All employees/contractors are expected to consistently practice all safety measures as set out in the appropriate policies & procedures.
You will receive general health and safety training and tips at your orientation.
At your orientation you will receive training and guidance specific to your job and your department. Please make sure you pay close attention as not only does your personal safety depend on it but so does the safety of your colleagues and customers.
If ever you need more coaching or training in health and safety issues, make sure you ask the Director or the Health & Safety Representative (HSR).
It is your responsibility, under law, to help us take care of you and your work areas, and to let us know about anything that could cause you to get hurt and damage the health and safety of other people. If you do find something wrong, you can either report it to the Director or HSR.
Staff Responsibility for Health & Safety
Senior Management is responsible for:- All health and safety measures and procedures required by law are implemented and carried out;
- Review of control information;
- Responsibility/Company delegation;
- Any court orders;
- Active support; and
- Holding Supervisors (deemed “competent persons” as defined under the Occupational Health and Safety Act) accountable.
Competent Persons: is defined as a person that is:
- Qualified because of knowledge, training and experience to organize the work and its performance
- Familiar with the Occupational Health and Safety Act (OHSA) and the regulations that apply to the work and
- Knowledge of any potential or actual danger to health and safety in the workplace.
- Training;
- Equipment, materials and protective devices required by law are provided to workers;
- Equipment, materials and protective devices provided by the Business are maintained and in good working condition;
- All equipment, materials and protective devices provided to workers are used properly and as required by law;
- Communication of hazards and control procedures;
- Employee consultation;
- Information feedback to the HSR
- All areas of the workplace are capable of supporting all loads to which they may be subjected in accordance with all applicable laws and building codes.
- Cooperation with HSR; and
- Holding Managers, Supervisors and employees/contractors reporting to them accountable.
- Reporting hazardous conditions or any unsafe work procedures;
- Immediately report to a supervisor or to a member of management the absence of or a defect in any equipment or protective device that may endanger another person;
- Immediately report to a supervisor or to a member of management any contravention of this policy or of any health and safety laws or regulations;
- Immediately report any medical condition or medical prescription (in confidence, if necessary) that could affect a worker’s ability to complete his or her work safely or that could endanger another worker or person, including a prescription for medicinal cannabis;
- Compliance with Company rules and procedures;
- Compliance with all procedures and requirements of the Occupational Health and Safety Act (OHSA) and any other applicable legislation.
- Complete all necessary health and safety training and orientation programs
- Reporting all accidents and/or injuries, to their immediate Supervisor, no matter how minor;
- Using and operating machinery, etc. only as authorized;
- Cooperating with the HSR
- Use and wear personal protective equipment (PPE) as required;
- Being responsible for the condition of all PPE issued in the course of their work;
- Never remove, adjust, modify or in any way tamper with or alter whatsoever any work equipment, devices or machinery, or any protective equipment, devices or clothing
- Keeping the working area in a clean and orderly fashion – this responsibility extends to the lunchrooms, washrooms, parking areas and common worksites;
- Inspecting their work area and equipment on a daily basis, prior to starting work or when requested.
- Never smoke or consume any alcohol, illicit drugs or impairing substances in the workplace
- Refrain from using handheld devices, including smartphones and other portable electronic devices, while working, and especially when performing safety sensitive work
All locations will appoint a Health & Safety Representative if there are more than 5 employees or a Joint Health and Safety Committee if more than 19 employees under the OHSA.
- The HSR Worker Representative cannot be a Manager or be selected by Management.
- The names and contact information of the HSR will be posted on the bulletin boards and encouraging employees/contractors to discuss any potentially hazardous or dangerous situations with them.
- This committee has various powers, including monitoring health and safety in the workplace, identifying hazards in the workplace, and recommending health and safety improvements where and when required.
- Meetings will be held once a quarter unless there is a need to do so more often. The majority of meetings will be held during working hours, any employee attending a meeting outside of regular working hours will be compensated for the time in which they are there. Resolved issues will be posted on the bulletin board.
- The committee is authorized to conduct regular workplace inspections and make written recommendations to the employer for the improvement of the health and safety of workers
The HSR is responsible for making recommendations to Rebound Total Health on Health & Safety issues.
Worker Rights and Responsibilities
The OHSA gives workers three important rights:
- The right to know about hazards in their work and get information, supervision and instruction to protect their health and safety on the job.
- The right to participate in identifying and solving workplace health and safety problems through the health and safety representative.
- The right to refuse work that they believe is dangerous to their health and safety or that of any other worker in the workplace.
At Rebound Total Health, we have instituted mandatory Occupational Health & Safety Awareness Training and Orientation programs for current and new employees/contractors. In order to comply with our requirements under OHSA and associated provincial regulations and provide a safe and healthy workplace, all employees will be required to complete training sessions covering the following:
- duties and rights of workers under OHSA
- duties of employers and supervisors under OHSA
- roles of health and safety representatives (HSRs) under OHSA
- roles of the Ministry of Labour, Training and Skills Development, Workplace Safety and Insurance Board and entities under OHSA Section 22.5
- common workplace hazards
- requirements in Workplace Hazardous Materials Information System (WHMIS) regarding information and instruction on controlled products and
- occupational illness, including latency
General Training
All workers of the Company shall be provided with basic occupational health and safety training that complies with applicable provincial and federal health and safety laws.
All Supervisors shall be provided with basic occupational health and safety training for Supervisors that complies with applicable provincial and federal health and safety laws.
Additional Training and Certified Training
The Company will provide any additional training that is mandated by law and that is required for a worker to carry out his or her duties safely, including, but not limited to, certified training to joint health and safety committee members, AODA and WHMIS (Workplace Hazardous Materials Information System) training.
Training Records
All employee training activities will be documented by the Company, including the completion and retention of a list of all workers who have received health and safety training, the nature of the training received (i.e., training program type) and the training completion date.
All workers who have completed the mandatory Occupational Health & Safety Awareness Training/Orientation will receive a certificate of completion. This certificate must be forwarded to the Director or HSR. Additional training is required for Managers and Supervisors and any employee who is promoted to managerial position, as well as the HSR.
Posting Health and Safety Literature in The Workplace
Ontario RequirementsThe following documents to be bposted in a conspicuous location within the workplace:
- A complete copy of the Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (ontario.ca);
- A complete and up-to-date copy of this manual;
- An up-to-date copy of the Ontario Ministry of Labour’s Health & Safety at Work (ontario.ca) poster, as amended from time to time;
- An up-to-date copy of the Business’s workplace violence and harassment policies, including our reporting procedure;
- Information regarding hazardous materials in the workplace, as required by law;
- An up-to-date copy of the In Case Of Injury (WSIB.CA) information as published by the Workplace Safety and Insurance Board, as amended from time to time;
- An up-to-date copy of First Aid Requirements faeng.pdf (wsib.ca)
- Fire exit plan
- An Emergency Contact List; and
- If applicable, a list of the names and work locations of current Health and Safety Representative.
The Workplace Hazardous Material Information System (WHMIS) provides information on hazardous materials used in the workplace through labels, safety data sheet (SDS), and worker education. Controlled substances under WHMIS include those that are flammable, oxidizing, poisonous, infectious or corrosive.
Any job that requires an employee to use or be near a controlled substance, the employee must undergo WHMIS training. The training includes information about handling, storing and manufacturing controlled substances that may be encountered while on the job.
- Training will be arranged and monitored by the HSR or the Director.
Under WHMIS regulations, any controlled substance must have an accompanying Safety Data Sheet (SDS). - SDSs must be updated within 90 days of the supplier becoming aware of new information that changes how the hazardous product is classified, or when there are changes to the way the product should be handled, stored, or protected from the hazard.
- At Rebound Total Health, an audit of our SDS occurs annually by the Director/HSR to ensure full compliance with this regulation.
- This policy does not apply to substances not controlled under WHMIS. Contact the Director to get a list of materials that do and don’t fall under WHMIS.
- SDS sheets are available and are kept by the Health & Safety bulletin board.
All accidents or illnesses, however minor, which occur on the job, are to be reported to the Director or HSR immediately.
If the Company doesn’t know of the accident or illness, a report cannot be filed on the employee’s behalf. If the accident or illness is serious enough to require medical benefits, the employee may lose out on their opportunity to obtain the benefits that would normally be due to them if it is not reported in a timely manner.
- All workplace accidents and injuries must be reported immediately to the Director or the HSR.
- If an employee is injured, Rebound Total Health will provide transportation to a hospital, a health care professional or the employee’s home. The Director or HSR will accompany the employee as necessary.
- Alternative/modified Work: Depending on the nature of the injury/illness, the Company will determine if alternative work can be made available on a temporary basis to prevent the employee from experiencing “lost time”.
- Rebound Total Health provides protection against job-sustained injuries or loss of work
Rebound Total Health has established an Early and Safe Return to Work (ESRTW) program which will be applied to all employees and contractors on benefits due to a workplace related illness or injury and, whenever feasible, for employees on sick leave due to a non-workplace related illness or injury.
Goals- Foster and enhance the physical and psychological recovery process for the injured employee
- Reduce medical, disability and lost time costs
- Reduce indirect accident costs
- Minimize the chance of re-injury
- Encourage cooperation between employees/contractors and Management
- Establish a more stable workforce
- Enhance the injured employee’s sense of confidence and well-being
Suitable Work: Post injury/illness work that is safe, productive and consistent with employee’s functional abilities, and that, when possible, restores the employee’s preinjury/illness earnings
Productive Work: Work that an employee has, or is able to acquire, the necessary skills to perform, and whose tasks provide an objective benefit to the employer’s business.
Why Have an ESRTW Program?After accident or illness prevention, an ESRTW program is a Manager’s best tool to control benefit costs and reduce losses. The key word is EARLY. The employee’s response at the time of learning of the illness or injury has a profound impact on the outcome of most cases. ESRTW actions should start as soon as possible, however, because specific illnesses or injuries may need differing amounts of time for healing, the time limits on ESRTW should also be flexible and based on the medical judgment of the treating medical professional.
Facts About ESRTW:- It enhances both psychological and physical recovery
- Injured employees off work longer than six (6) months have only a fifty percent (50%) chance of ever returning to their job; if time lost exceeds one year, their chances decrease to less than ten percent (10%)
- Compensable injuries can take up to four times longer for recovery; they may cost five times more than non-compensable injuries
- It enables the employee to continue a productive life
- It reduces costs of replacing the employee, overtime costs, retraining costs, loss of production and related costs and improves workplace morale
- It reduces medical costs – the injured employee heals more rapidly, shortening the time medical treatment is needed
- It reduces award costs - the potential for an employee to become totally and permanently disabled is greatly decreased
- It reduces legal costs – employees are less likely to feel their rights have been violated causing them to engage a lawyer
It may become apparent, while attending to identify and secure suitable work, that accommodation may be required. Rebound Total Health will comply with all relevant legislation determining a solution that will make the accommodation process a success.
Accommodation may involve any modification, assistive device, or combination of the two, with the goal of making the essential duties of the pre-injury or alternative employment consistent with the worker’s functional abilities. For more information on the accommodation please refer to the Accommodation Policy.
Workplace ModificationsWorkplace modifications are changes or adaptions made to the work area, job task, or equipment used to perform the job duties.
Modified Duties
In accordance with our Accessibility and Workplace Harassment and Discrimination policies in this handbook, the Company will not discriminate on the basis of disability. Where an employee is injured, ill or disabled, to assist with the rehabilitation process, Rebound Total Health will attempt to find compatible modified duties.
In the attempt to find suitable modified work, the following procedures will apply:
- The employee’s health care professional is required to provide a written description of the restrictions on returning to work can be completed.
- At its discretion, the Company may provide the treating health care professional with a description of the position and/or a physical demands analysis
- With the employee’s consent, the health care professional may prefer to contact the Director to discuss the modified duties by telephone
- Upon receipt of the health care professional’s report, the Director will decide if modifying the pre-injury/illness job of the employee, if they are able to perform the essential duties or discuss the availability of appropriate modified duties.
- If the employee is assigned to modified duties and aggravate the injury, illness or disability from which the employee is recovering from, it is the employee’s responsibility to notify and discuss the concerns with the Director.
- The Director will consult with the Human Resources Consultant in these cases. If an agreement cannot be reached, the Director will contact the health care professional to discuss the suitability of the duties
- If the illness or injury was sustained as a result of employment and appropriate modified duties cannot be found, a Leave of Absence as determined by the governing legislation and Rebound Total Health’s policies.
- If, as a result of injury, illness or disability, the employee is unable to perform the normal duties and have not sought medical attention for the problem or have not obtained a report from the health care professional, the employee should advise the Director of the problem. The Director may try to find modified duties after a medical report is obtained.
- If no modified work is available, the employee will be requested to go home on Leave of Absence as determined by the Company policy.
- In no case will an employee on modified duties be assigned to work which would displace another full-time employee, unless that employee agrees to it.
- An employee on modified duties may displace a temporary employee, if the work is suitable
- Insofar as it is difficult to foresee all possible situations, the right is reserved to deviate from these procedures where obvious inequities would occur.
Responsibilities are assigned to the injured/ill employee, and the Company.
The Contractors Will:
- Report any injury/illness right away to the Director and/or the HSR
- Complete all necessary paperwork as soon as possible
- Follow Rebound Total Health’s rules and practices
- Maintain contact with the Company
- Provide regular updates on health condition, treatment and medical status to the Company’s designee (Director, Human Resources Consultant, HSR etc.) at least weekly
- Return to modified duties which are within medical restrictions (if any) as set by the medical professional, as part of a rehabilitation program
- Provide information on functional abilities when requested
- Identify potential work opportunities within the Company
- Identify potential accommodation strategies
- Report any difficulties in the ESRTW program to the Director
The Human Resources Consultant or HSR Will:
- Conduct an investigation and correct any hazard, or get the HSR to do so
- Complete all necessary paperwork ASAP including the Early & Safe Return to Work Package
- Submit all supplementary paperwork to be completed by the medical professional, if the employee will be seeking medical attention, and return to Rebound Total Health ASAP
- Inform the employee of Rebound Total Health’s work rules and practices
- Maintain contact with the employee for any work restrictions
- When feasible or appropriate, find or develop modified work for the employee within the restrictions
- Monitor recovery through incoming medical work restrictions and need for modified duty
- Identify and offer modified duty assignments
- Identify and discuss possible accommodation solutions
Rebound Total Health Will:
- Process claims and forms and submit to the benefit provider for processing and initiating benefits
- Inform the employee and their Manager, if applicable, of the rights and responsibilities under the governing provincial legislation
- Maintain documentation and data on claims and trends
- Maintain contact with the employee, the benefit provider and the medical professional for any work restrictions
The Company provides First Aid kits that can accommodate minor ailments and injuries that may occur while on the job. First Aid kit is located in the shelf above the refrigerator. Please see the Director or HSR for details. It is the employee’s responsibility to become familiar with these locations.
- The Company encourages every employee to take part in recognized First Aid courses.
A list of employees/contractors who are certified in First Aid/CPR is posted on the Health & Safety board located outside of the washroom.
Fire SafetyFire prevention is the responsibility of all employees/contractors. Fire alarms and extinguisher have been installed throughout our facility.
The Fire Safety Plan is intended to:
- Describe the safety procedures and measures for any and all occupants present at the Business in the event of a fire;
- Reduce fire-related incidents and increase health and safety awareness; and
- Assist firefighters in the performance of their duties in the event of an emergency by providing floor plans and building and tenant information.
Roles and Responsibilities
Fire Warden- Review the Fire Safety Plan.
- Participate in fire warden training.
- Be familiar with the floor area, exits, and the location of firefighting equipment.
- Maintain an updated list of all individuals.
- Assist in the emergency evacuation procedures.
- Participate in fire drills.
- Report hazards.
- Select personnel to assist any persons requiring assistance.
- Act as a liaison between the fire department and the Business.
- Be familiar with the floor area, exits, and the location of firefighting equipment.
- Assist the fire warden in emergency evacuation procedures as requested.
- Evacuate to the designated muster point for emergency roll call.
- Participate in fire drills and/or emergency evacuation drills.
- Report hazards.
- Ensure the Fire Safety Plan is developed and fully implemented.
- Conduct fire drills in accordance with the Fire Code, incorporating emergency procedures appropriate to the building.
- Appoint, organize and train supervisory personnel to carry out duties and emergency procedures.
- Ensure all workers participate in training.
- Maintain building facilities for the safety of occupants.
- Ensure the information in the Fire Safety Plan is current and updated.
- Ensure that the Fire Safety Plan is distributed to all occupants.
- Complete the necessary checks, tests, inspections and maintenance of fire protection equipment as required by the Fire Code (See table under “Testing Records”)
Occupants Fire Procedures
Follow these steps in the event of a fire.
When A Fire/Smoke Is Discovered - Activate building fire alarm system. Remain calm and prepare to evacuate.
- Never try to fight a fire unless you have been trained to use a fire extinguisher; if you have been trained, you should only use the fire extinguisher in the very early stages of the fire.
- Leave the area immediately and remove any persons in immediate danger.
- Close the doors to the affected area.
- Exit from the building via the nearest exit when the alarm sounds (emergency exit floor plan). Meet at the muster point.
- Call 911 and advise them of your building location.
- Do not return to the building until the “All Clear” Announcement has been made.
When the Fire Alarm Sounds - Assume emergency evacuation.
- Alert occupants and leave the fire area; take the suite key if it is readily available.
- Before opening any doors, feel the door and doorknob for heat. If they are not hot, brace yourself against the door and open it slightly. If they are hot, use an alternate exit.
- If you see smoke or feel air pressure or a hot draft, close the door quickly and look for an alternative exit or route.
- Evacuate and do not flood, push or stop the flow.
- Follow the wall to the nearest exit and leave the building.
- Stay away from the building in case debris falls from the building.
- Proceed to the Business’s muster point
- Do not return to the building until the “All Clear” Announcement is made.
Control of Fire Hazards
Although there will be personnel trained on the use of fire extinguishers, it is not necessary to extinguish a fire should one erupt. The production of toxic fumes in buildings from fires can make firefighting dangerous, especially when large amounts of smoke are generated.
Operating a Fire ExtinguisherTo Operate a Fire Extinguisher, Remember the Word “PASS”
Trained personnel who need to use the fire extinguisher must:
- Pull the pin and throw the pin away (twist the pin to break the seal and pull)
- Aim at the base of the small fire (make sure the nozzle is at the base of the fire)
- Squeeze the lever fully – squeeze it fully (right down) to expel the agent
- Sweep at the base of the fire until the fire is extinguished or until the extinguisher is empty.
- Never block fire exit doors.
- Flammable/combustible materials are to be stored in accordance with the Fire Code
- Combustible materials must be kept a minimum of 3 feet away from electrical or heating equipment and must never be stored with flammable materials.
- All electrical equipment must be Canadian Standards Association (CSA) and/or Underwriters’ Laboratories Canada (ULC) approved (labeled) and in conformance with the electrical code.
- Electrical panels must have appropriately-sized fuses or breakers.
Definitions
Incident: Any unplanned event that results or could result in injury, illness, or damage to people or property
First Aid Provider: Personnel holding a valid Emergency First Aid Certificate or its equivalent
Fire Wardens: Supervisory personnel who is assigned specific duties under the Emergency Response Plan usually restricted to facilitating the evacuation during a fire drill or other emergency
Hazard: Any practice, behaviour, condition, or circumstance or combination of these that could cause injury or illness to people or damage to property, such as completing dangerous work without adequate training, defective machinery, and defective safety equipment, or a near miss
Muster Point: The meeting place in the event of an evacuation
Paramedic: A person employed by or a volunteer in an ambulance service who meets the qualifications for an emergency medical attendant as set out in the regulations, and who is authorized to perform one or more controlled medical acts under the authority of a base hospital medical doctor, but does not include a physician, nurse or other health care provider who attends on a call for an ambulance
Workplace Violence: Occurs when a person is abused, threatened, intimidated, or assaulted in the course of employment. Workplace violence includes threatening behaviour, verbal or written threats, verbal abuse, physical attacks, and domestic violence
PurposeThe Emergency Response Plan is intended to describe preparedness measures, arrangements, support structures, and information channels in place to manage emergency situations that could affect the Business’s personnel. An Emergency Response Plan is required to ensure that everyone knows his or her role and responsibilities. An emergency plan must be developed and implemented to meet, at a minimum, the following standards:
- Occupational Health and Safety Act (OHSA)
- Ontario Building Code
- Ontario Fire Code
- Municipal requirements (especially if hazardous materials are on-site)
- Environmental Protection Act
In the event that there is an emergency situation, this will include but not limited to the following situations:
- Fire
- Power failure
- Gas leak
- Weather conditions
- Natural Disasters
- Crime prevention
- Workplace violence, etc.
- Bomb threat
The emergency evacuation plan will include:
- Exit route for all employees/contractors
- Employee assembly point(s)
- Employee training requirements (drills/ exercises)
- Assigning and defining responsibilities such as:
- Contacting the emergency response unit(s),
- Accounting for employees/contractors (head count),
- Greeting the emergency response unit(s),
- Authorizing workplace re-entry.
Roles and Responsibilities
Fire Wardens- Review the Building Fire Safety Plan.
- Participate in annual fire warden training.
- Be familiar with the floor area, exits, and the location of firefighting equipment.
- Maintain an updated list of all individuals.
- If possible, grab the in and out board by the front door
- Assist in the emergency evacuation procedures.
- Participate in fire drills.
- Report hazards.
- Select personnel to assist any persons requiring assistance.
- Act as a liaison between the fire department and the Business
- Ensure that 911 is called.
- Upon arriving at the emergency scene, ensure it is safe to enter.
- Provide First Aid to injured personnel.
- Prioritize when dealing with multiple injured patients.
- Retrieve as much information as possible, including name of patient, presence of bleeding, type of injury/illness, breathing condition, consciousness, and pulse.
- Be familiar with the floor area, exits, and location of firefighting equipment.
- Assist the fire warden in emergency evacuation procedures, as requested.
- Evacuate to the designated muster point for emergency roll call.
- Participate in fire drills and emergency evacuation drills.
- Report hazards.
Emergency Equipment
All emergency equipment listed must be available in every office location and reviewed for adequate amounts within expiration dates, and if items are in working order during each evaluation of the HSR as long as they are trained to do so:
- Fire extinguishers
- Fire exits, and signage
- First Aid Kits
- Any other emergency equipment appropriate to the workplace. (Ex. Self-contained breathing apparatuses etc.)
If a HSR member is not qualified to review the safety equipment, the Company must hire a qualified expert to review and inspect the equipment. During the HSR’s evaluation, a documented review of emergency equipment must incorporate the following:
- Correct selection of equipment
- Adequate number of equipment
- Appropriate location of equipment
- Training requirements for emergency equipment users
- Checks, inspections, replacement and/ or calibration requirements
- Emergency equipment list/log
There are procedures for reporting a fire or other emergency. There are preferred procedures for reporting emergencies as detailed on the Emergency Contact List such as dialing 911, or an internal emergency number, or pulling a manual fire alarm but there are many other possibilities.
For emergencies that are non-life threatening, please notify the Director or HSR as soon as possible. This will help in giving enough time to assess the situation and in developing an appropriate action plan or contacting other emergency personnel if deemed necessary. A couple of examples of this would be if gas is smelt, or there is a severe storm and employees/contractors may need to leave early or stay late to avoid the storm.
Dialing "911" is common method for reporting emergencies since external emergency personnel are used at Rebound Total Health. Internal numbers may be used for reporting emergencies as well. The emergency contact list will be posted on the Health & Safety board outside of the washroom. In some cases, employees/contractors are requested to activate other alarm systems. No matter what system is used, it is imperative that emergency situations be immediately reported. Fires and other emergency situations can reach dangerous levels in seconds and any delay in getting emergency responders to the scene can result in additional loss of life and property.
Once an emergency that requires a response from employees/contractors is reported, a system - typically an alarm system - should be used to notify employees and contractors. Alarms must be distinctive and recognized by all employees/contractors as a signal to evacuate the work area or perform other actions identified in the Emergency Response Plan. The alarm must be capable of being perceived above ambient noise and light levels. Sequences of horn blows or different types of alarms (bells, horns, etc.) can be used to signal different responses or actions from employees/contractors.
Ideally, alarms will be able to be heard, seen, or otherwise perceived by everyone in the workplace including those who may be blind or deaf. Otherwise, fire wardens, which would be the HSR is tasked with ensuring all employees, therapists, and clients are notified.
EvacuationIn the event that the building needs to be evacuated, the alarm or warden will notify all employees/contractors, and visitors to evacuate immediately. At this point, everyone should proceed to the closest exit that safe and free from any harm or hazard. While exiting the building please check that people are leaving the building to help ensure no one is left behind.
Once outside everyone will meet at the designated muster point as long as it is safe to do so. The muster point is the signage sign at the far end of the parking lot at 315 Brock Road. If it is not safe, employees/contractors should go to the alternative muster point, in front of the garage next door to the unit. These designated points will be communicated to all employees/contractors and posted in conspicuous areas throughout the Company.
Once at the meeting point, the Director or HSR will account for all employees/contractors and visitors that were in the building. If emergency responders are called and are on the scene the spokesperson, either the Director or HSR, will co-ordinate with them to advise that no one is left in the building.
If there is going to be a delay in arriving home, or there is a serious emergency, arrangements will be made for employees/contractors to be able to contact family members. As well, if vehicles are not accessible, arrangements will be made to get all employees/contractors affected home safely.
If it is safe to reenter the building, the HSR will give the permissions for reentry. If there were emergency responders onsite, the emergency responders will give the permission to the spokesperson first, before it is given to all of the employees/contractors. There is absolutely no reentry into the building before these permissions are given.
Questions About This PolicyIf anyone has questions about the policy, or if the purpose of the policy is not understood, an explanation should be provided by or referred to the Director.
Workplace Safety RulesAt Rebound Total Health, nothing is more important to the Company than the continued health, safety, and well-being of our employees, customers, visitors, and contractors.
- Safety rules exist for the essential purpose of guarding and protecting each employee from possible physical harm, loss of time and reduced earnings.
- The Company is committed to maintaining proper standards of safety, health, sanitation, and working conditions in the workplace and employees/contractors will cooperate by observing all health and safety rules
- “Safety Rules” are for employee’s protection and must abide by them at all times. Failure to do so will result in disciplinary actions up to and including termination of employment.
- Employees/contractors are to report any safety concerns to the Director or HSR.
The following rules are in addition to the obligations imposed by the governing health and safety legislation.
General Safety Rules
- Any accident involving personal injury or damage to material, equipment, structure or vehicles, must be reported to the Director immediately.
- Running, horseplay, scuffling, or fighting on Company property or while representing the Company offsite will not be tolerated.
- No one shall report to work under the influence of intoxicants, narcotics, alcohol, recreational marijuana, nor shall report to work in possession of any such substances or any harmful or dangerous weapons.
- Main aisles, emergency exits and areas surrounding fire extinguishers and first aid kits will be kept free from all obstacles.
- Be aware of the location of fire extinguishers and know how to use them.
- Employees/contractors are expected to maintain a clean and workable area in compliance with the Company housekeeping standards.
- Spills and tracked-in snow or rain are to be cleaned up with a wet floor sign visible in the location.
- Smoking is prohibited in all areas of the Company except in the designated smoking section.
- Each employee is to protect themselves and other coworkers by helping keep the Company clean and tidy at all times. Do not leave food, wrappings or rags lying around.
Office Safety Rules
- Filing cabinet and desk drawers are not to left open when unattended
- Do not open more than one (1) drawer at a time
- Do not keep heavy objects on top of tall filing cabinets
- Avoid overfilling cabinets to prevent papercuts and staples cuts
- No cords are to be strung across the floor
- Carpets and rugs are to be secure, if they are flipped up or rippled, smooth them out or tape them down
- Chairs and equipment are to be put into their proper place
Inspection and Maintenance
Work Equipment and Safety EquipmentAll work and safety equipment will be identified and inventoried. In addition, the Business will, subject to any amendments to or modifications of this policy as may be required from time to time, follow the inspection routine set out in Table 1 below for all work tools, equipment and safety equipment (collectively, “Equipment”), including:
- Personal protective equipment, such as safety glasses and safety boots (if any);
- Fire extinguishers and first aid kits; and
Table 1 – Inspection Routine for Equipment
Items to be visually inspected* | Pre-use Visual | Daily | Weekly | Monthly | Annually |
Personal protective equipment (if any) | ✓ | ✓ | ✓ | ✓ | ✓ |
Fire extinguishers (landlord) | ✓ | ✓ | |||
Fire alarms (landlord) | ✓ | ✓ | |||
First Aid kits and accessories | ✓ | ✓ |
*All workers must also follow manufacturers’ specifications and any additional inspection protocols required by law for all vehicles, machinery, tools, equipment and fire safety equipment (i.e., the Ontario Fire Code, etc.) at all times.
Maintaining Your Work AreaYour work area should be maintained in a neat and orderly manner. No food wrappers, crumbs, etc. to be found at your work area in order to present a professional appearance and reduce potential hazard to material and equipment.
At the end of your workday, your area must be left clean and tidy any equipment is put away, charged properly and confidential or sensitive information should be secured in the proper manner.
Right to Refuse Unsafe WorkWith certain exceptions, the right to refuse unsafe work is a legal right of every worker in Canada. Rebound Total Health is committed to upholding this right and to ensure a safe workplace for everyone.
- If an employee has any health and/or safety concerns, bring them to the attention of the Director or HSR immediately.
- If an employee believes that the health and/or safety of themselves or anyone else may be endangered by the physical conditions of the workplace or by any equipment or machine the employee uses or operates, the employee has the right to refuse this unsafe work. The employee must immediately report the work refusal and their reasons the Director or HSR.
- Complete the Appendix H - Work Refusal Form
- The Director will be informed of the situation if they aren’t already, the Director and/or HSR will investigate the concern with the employee. This should resolve the situation or satisfy the concerns.
- If, after the investigation, the employee still has reason to believe that they could be in danger, they may be assigned to other reasonable work and a Ministry of Labour official will be contacted to assist in further investigations.
- No Reprisals will be taken against any employee who acts in compliance with or seeks enforcement under the provisions of the governing health & safety legislation.
Rebound Total Health is committed to providing our employees/contractors with the necessary personal protective equipment to perform their jobs safely. This includes disposable masks, gloves, etc., when required.
- All PPE must be inspected for damage prior to each use by the employee using the equipment. Employees/contractors will be trained on how to inspect the equipment before their first time using the equipment.
- If an employee notices that supplies are running low or there is defective/non-functional equipment, immediately contact the Director.
- After use, all equipment must be cleaned or disposed of appropriately and safely. Please contact the Director if clarification is needed.
- Proper hand washing is vital
Introduction
Rebound Total Health is committed to providing a work environment that protects employees/contractors' health, safety, and wellbeing. That commitment is jeopardized when any employee or contractor reports to work under the influence of prescribed drugs including cannabis, illegal drugs or alcohol.
It is also to assist in identifying appropriate interventions in reference to the chemically dependent employee or contractor, and to create an environment conducive to the employee identifying the problem and taking appropriate action before the condition renders the employee unemployable or jeopardizes their safety.
Policy
While on the premises of Rebound Total Health and conducting business related activities off the premises of the Company, employees/contractors may not use, possess, distribute, sell or be under the influence of alcohol, or impairment-causing substance. This includes recreational cannabis or any other form of cannabis. Employees/contractors are cautioned that legalization of cannabis does not mean its use during work hours or immediately prior to a shift will be condoned by Rebound Total Health. The Company views cannabis intoxication as analogous to being drunk and does not tolerate such impairment while on duty. The Company reserves the right to contact proper law enforcement officials and/or provincial licensing/certifying boards regarding any matter, subject to this policy.
Exception: The only time alcohol can be consumed on company property is when it is approved by the Director. The Director must be present while alcohol is being consumed and employees/contractors must not become intoxicated and act responsibly. Employees/contractors may also consume alcohol at social functions while representing the Company but must act responsibly and not become intoxicated. It is the employee’s responsibility to never drink and drive or drive high, and to ensure a safe way home. As a condition of employment, employees/contractors must abide by the terms of this policy. Violations of this policy may be subject to disciplinary action up to and including termination.
The legal use of legally prescribed medication is permitted on the job only if it does not:
- Impair the employee’s ability to perform the essential functions of their job effectively and in a safe manner, and
- Does not endanger other individuals in the workplace, or
- The employee is not driving or moving a vehicle.
Medical cannabis may be consumed only in designated smoking areas, away from any clients, or in private off-site. Whenever possible, employees/contractors who are prescribed this medication should choose strains or variants that minimize the level of intoxication, and if possible, choose an edible source of medication to limit the odors from clients.
Individuals who are prescribed medical cannabis or any other form of medication that is capable of impairment are required to disclose this to the Human Resources Consultant or Director. This is particularly important for those in safety-sensitive positions.
Any employee reporting to work and found to be under the influence of alcohol or any impairment-causing substance will be asked to leave the premises, but, in view of their condition, will be provided transportation in order that they arrive home safely. In these cases, the employee may face disciplinary action up to and including termination of employment.
The application of this policy, and all of our policies in this handbook, is subject to the provincial Human Rights Code, and Occupational Health and Safety Act, as amended from time to time and shall not be interpreted or applied in a manner which will violate that Act.
Definitions
Illegal Drugs or Illicit Drugs: Inhalants and controlled substances, and includes medications, which contain a controlled substance, which are used for a purpose or by a person for which they were not prescribed or intended or otherwise used under the supervision of a licensed health care professional.
Controlled Substance: A drug which has been declared by federal or state law to be illegal for sale or use but may be dispensed under a physician's prescription. The basis for control and regulation is the danger of addiction, abuse, physical and mental harm (including death), the trafficking by illegal means, and the dangers from actions of those who have used the substances.
Reasonable Suspicion or Reason to Suspect: A basis to form a belief based on specific facts and inferences drawn from those specific facts.
Under the Influence of Alcohol: Appearance, speech, behaviour or bodily odor, which causes a superior to suspect the employee to reasonably be intoxicated and/or that the employee has a blood alcohol concentration exceeding 0.05.
Prescription Drugs: A pharmaceutical drug that legally requires a medical prescription to be dispensed. The prescription will state the form it is to be taken in as well as the quantity and duration between doses.
Under the Influence: Affected by alcohol or drugs that impair performance, reaction time or any normal function.
Procedure
Procedures for all locations are as follows:
The Director and/or HSR will enforce the Drugs and Alcohol Policy and will be responsible for drug awareness communication and education. The Director is responsible for managing job performances and for ensuring that employees/contractors report to work free from the influence of drugs and alcohol.
Job performance will be the primary determinant of personnel actions affecting employees/contractors who suffer from drug or alcohol dependency and return to work following or during rehabilitation. Satisfactory performance remains a requirement, even if chemically dependent employees/contractors seek medical help.
If any illegal drug paraphernalia is found on Company property, the Director shall be notified immediately. The possession, use, transfer or sale of illegal drugs during work hours or company events or on Company property is prohibited and will result in disciplinary action up to and including termination. Contact the Human Resources Consultant or the Director prior to any disciplinary action being taken.
Employees/contractors involved in illegal drug use or suffering from drug or alcohol dependency are encouraged to seek medical treatment and/or rehabilitation. Employees/contractors can use vacation time or may be granted an unpaid leave of absence for rehabilitation. However, to avoid any disciplinary action, it is the responsibility of each employee to seek assistance before any drug or alcohol dependency leads to a violation of the Drugs and Alcohol Policy.
Employees/contractors are responsible for seeking medical attention. If required, contact the Human Resources Consultant or the Director for information on medial and rehabilitation programs that are available.
If an employee has any medically prescribed prescription, including medical cannabis that can, may or will affect their performance in any way, the employee is required to notify the Director of the side effects, so the Company can try to accommodate the restriction posed by the prescription. Cooperative effort with the employee is required to see if there is an alternative prescription with less affects to the employee's performance but this will be dealt with on a case by case basis as health and safety is paramount to Rebound Total Health.
Drug and/or Alcohol Dependency
The Company puts an emphasis on ensuring that employees/contractors with disabilities are not treated in a discriminatory manner because of their disability. It is recognized that in some circumstances, the nature and/or degree of a person's disability may preclude that individual from performing the essential duties of a job.
An employee's right to equal treatment in respect of employment is not infringed where an individual is treated differently because she or he is incapable of performing or fulfilling the essential duties of the position due to a disability.
If the employee/contractor has declared a drug and/or alcohol dependency, and it affects the employee/contractor's performance and compromises their safety or those around them, the Company will try to find a position within the organization that would allow them to still work, while removing the risk to others. The employee may also be required to undergo rehabilitation, which can be arranged by the Director or by the employee. If the employee is arranging the rehabilitation, it must be approved by the Human Resources Consultant and/or the Director. All costs for the rehabilitation will be covered by the employee/contractor or through the employee health benefits program (if the employee is on a benefit program). The Company will allow for the time off, either as vacation time or an unpaid leave of absence.
Once the employee can provide documentation that they are free from drugs and/or alcohol, and are able to return to their regular position, their position will be reinstated. If the employee is unable to meet these requirements and is unable to return to their regular position, or becomes an undue hardship upon the Company, the Company reserves the right to terminate the employment or service agreement.
Accommodation
As mentioned in the above sections (Procedure and Drug and/or Alcohol Dependency), Rebound Total Health will accommodate employees/contractors that either take prescribed medications that could or does alter their performance or puts safety of themselves or other as risk, or have a drug and/or alcohol policy. These employees/contractors must seek the accommodation from the employer and present documentation of the prescribed medication from a medical professional or give the details of their dependency. All the information provided will be kept confidential.
The Company will work with the employee on a case-by-case basis, as well as the medical doctors and medical staff that are involved.
Some of the accommodations options that will be explored include, but not limited to:
- Would additional supervision, coaching or performance management help?
- Can the employee’s schedule or work environment be modified with a view to accommodating the needs associated with the underlying condition?
- Can/should a leave of absence be provided until the underlying medical issue is resolved?
- Can the employee be provided with a private area to smoke medical marijuana during the day?
- Can the job requirements be modified?
- Can reduced productivity be tolerated?
- If the job is safety-sensitive, can the employee be transferred into a non-safety sensitive role?
- Could another treatment be explored or followed that would have a less impairing impact?
- Would referral to a specialist or an assistance program help?
Questions About This Policy
Issues and questions involving prescription drugs, illegal drugs and alcohol use should be presented to the Director for consideration and determination of next steps.
If anyone has questions about the policy, or if the purpose of the policy is not understood, an explanation should be provided by or referred to the Director or the Human Resources Consultant.
Failure to comply with this policy will result in disciplinary action, up to and including termination of employment or service contract.
Smoke Free WorkplacePurpose
Rebound Total Health is dedicated to providing a healthy, comfortable, and productive workplace for all employees/contractors. Smoking is the number one cause of death and disease in Ontario. It kills 13,000 people every year. The province has developed a comprehensive Smoke-Free Strategy which combines public education with programs, policies and legislation to:
- Help smokers to quit
- Protect non-smokers from exposure to second-hand smoke
- Encourage young people to never start.
The health hazards related to smoking are well-documented. These health hazards impact both the smoker and the non-smoker who is exposed to second-hand smoke. Therefore, the Company will provide a smoke-free workplace to all of its employees/contractors and all visitors in accordance with the Smoke-Free Ontario Act, 2017.
Policy
This policy will apply to all persons, at all times, in company-owned or leased buildings, vehicles as well as at a customer’s location or at company-sponsored meetings and events on or off company premises. Since there are many customers including young children that come to the Company, each with different needs and medical conditions, smoking is not permitted within 10 meters outside the building or entrance/doors to the facility. Employees/contractors are not to smoke while at any client/customer sites unless in a designated smoking area. Employee smoking will only be permitted in the following three designated smoking areas
- Beyond the pilon sign in the parking lot
- at the side of the building
This policy includes smoking of all types, including but not limited to cigarettes, cannabis, bidis, pipes, hookah, cigars, vape (e-cigarettes), and/or using smokeless tobacco such as tobacco snuff, chew-gutka, and dip, and are prohibited in a building. For this policy, the term smoking will refer to all types of smoking unless specifically noted.
There are times that employees/contractors at Rebound Total Health need to travel to meet clients/customers using their personal vehicle. Smoking in an employee’s personal vehicles is permitted as long as they are alone; however, employees/contractors must be cautious of any flammable materials they are carrying on board. There is no smoking in Company vehicles, or rental vehicles.
When transporting passengers while on Company business, including clients or Rebound Total Health employees/contractors/contractors, vehicles will be considered a workplace and smoking is not permitted.
Definitions
For the purposes of this policy:
- “smoking” means smoking (inhaling and exhaling) or holding lighted tobacco or cannabis (medical or recreational)
- “vaping” means inhaling or exhaling vapour from an electronic cigarette (e-cigarette) or holding an activated e-cigarette, whether or not the vapour contains nicotine
All signs required to be posted under the provincial Act and regulations shall be posted in a conspicuous manner and shall not be obstructed from view. Rebound Total Health will post prescribed signs prohibiting smoking throughout the enclosed workplace, place or area over which the employer has control. The signs must be posted at minimum in the following areas:
- In the entrance/exit
- Lobby areas of all buildings
- All washrooms
- Enclosed stairways
Smoking while at work will only be allowed during break periods that are of equal length for smokers and non-smokers.
Management will allow smokers to have reasonable breaks provided these do not prevent them from satisfactorily carrying out their responsibilities and work duties, and that there is no significant loss in productivity. Time taken on smoking breaks will have to be made up at the beginning or the end of day if it does not coincide with regularly scheduled break times.
Compliance and Administration
Compliance with the smoke-free workplace policy is mandatory for all employees/contractors and persons visiting the Company, with no exceptions. Employee non-compliance with the policy will result in disciplinary action.
This policy will be enforced through administrative action by the Director and/or HSR. The HSR are responsible for ensuring that employees/contractors are aware of the policy and comply with it and for taking appropriate action to correct non-compliance.
Any person who observes violations of the policy may report these violations to the HSR. Once the HSR has been notified of a violation, or if the HSR, and/or the Director directly observes a violation by an employee under his or her direction, they are responsible for discussing the violation with the employee. The Director and Human Resources Consultant will work together to ensure the employee receives the appropriate disciplinary action. If the problem persists, an employee who observes violations of the policy can speak to the Director.
No employer or person acting on behalf of an employer shall take any of the following actions against an employee because the employee has acted in accordance with or has sought the enforcement of this Act:
- Dismissing or threatening to dismiss the employee
- Disciplining or suspending the employee, or threatening to do so
- Imposing a penalty upon the employee
- Intimidating or coercing the employee
Tobacco cessation and awareness programs, referrals, and resources will be made available to employees/contractors who desire to stop using tobacco. Please contact the Health & Safety Representatives or the Director for more information.
Workplace Violence Policy and Prevention Program
Introduction
At Rebound Total Health, (the “Company”) nothing is more important to us than the physical and mental health, safety, security, dignity, self-respect and well-being of our employees, managers, contractors, and that of our customers and other visitors, including vendors, suppliers and members of the general public. Employees/contractors and other internal and external stakeholders have a right to work and conduct their business at the Company without fear of harassment, discrimination or anything that would disrupt our safe and respectful workplace and place of business.
Violence, intimidation, harassment, discrimination and bullying in any form will not be tolerated on Company premises, at any Company event or while conducting Company business, or representing the Company for any reason whatsoever.
Unless otherwise noted, in this Policy, references to “employees” also include such individuals as Supervisors, executives, independent contractors, agency employees, and in some cases could also potentially include consultants.
Policy Statement
Violence against employees occurs in a variety of circumstances and situations including: robberies and other crimes, actions by frustrated or dissatisfied clients and customers, acts perpetrated by disgruntled co-workers or former co-workers, and domestic incidents that spill over into the workplace.
The Company recognizes that there is a potential for workplace violence to occur. It has also acknowledged that physical and emotional harm can often arise out of such acts of violence, not just to the victim, but also family members, friends, witnesses and other colleagues. No forms of violence will be tolerated in the workplace, either on the part of employees, managers, contractors, consultants, clients, suppliers or visitors. Every effort will be made by the Company to identify possible sources of violence and to implement procedures which eliminate or minimize the risks created by such situations.
Any acts of violence or threats of violence in the workplace are unacceptable and will give rise to disciplinary sanctions, up to and including termination of employment. Any disciplinary actions will be completed after a full investigation is completed. The Company is committed to the prevention of workplace violence and to responding appropriately if workplace violence does occur. All employees and contractors are responsible for creating and maintaining a safe work environment free from violence, threats and intimidation.
Workplace violence includes, but is not limited to, the following types of conduct: - Actual and attempted acts of physical violence, including actions such as hitting, punching, slapping or kicking.
- Threats of physical violence or intimidation.
- Sexual assault.
- Other acts of physical aggression, such as the deliberate destruction of or damage to property, especially where such actions are meant to intimidate one or more individuals.
Employees/contractors who are victims of violent incidents in the workplace are advised to consult a physician for treatment and/or referral for counselling.
The Company will not discriminate or retaliate against an employee/contractor because he or she has been, or is, perceived to be a victim of workplace violence.
Purpose and Scope
The purpose of this policy and program is to ensure that all employees/contractors that are representing the Company are safe. The policy and program will comply with provincial and federal Government regulations in Canada.
The workplace violence policy should:
- show an employer’s commitment to protecting workers from workplace violence;
- address violence from all possible sources (customers, clients, employers, supervisors, workers, consultants, strangers and domestic/intimate partners);
- outline the roles and responsibilities of the workplace parties in supporting the policy and program; and
- be dated and signed by the highest level of management of the employer or at the workplace as appropriate (examples may include, but are not limited to, the Director, Human Resources Consultant at the workplace).
This policy applies to all full-time, part-time, casual, and temporary employees. Independent contractors are afforded the same rights and protections provided by this policy, while performing authorized activities for the Company. This may include off-site job-related functions, social events, courses, and classes related to work and employment, or any other function where an employee is representing the Company on or off site.
Workplace Violence Prevention Program
In addition to preparing a workplace violence policy and assessing the risks of workplace violence, the Company has developed and will maintain a program to implement the workplace violence policy and prevent potential violence in the workplace.
The program includes:
- measures and procedures to control the risks identified in the risk assessment as likely to expose a worker to physical injury
- measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur
- measures and procedures for workers to report incidents of workplace violence to the employer or supervisor
- how the employer will investigate and deal with incidents or complaints of workplace violence
- any other elements prescribed in the OHSA or other provincial Health and Safety regulations
In order to maintain an up to date program, the Company will review the program annually as a minimum standard. This review will be focused on the effectiveness of the measures and procedures in the program. This is to ensure they are being used and are continuing to protect workers from workplace violence.
A review or revision of a workplace violence program will also be undertaken if:
- a reassessment of risks indicates revisions are needed
- workers, or health and safety representative, indicate measures or procedures are not adequate or are not used
- a violent incident shows that measures or procedures are not adequate
- the workplace’s response to a violent incident or complaint shows the reporting or investigation procedures need to be revised.
Under the Occupational Health and Safety Act (OHSA), the employer has a number of responsibilities for assessing the risks of workplace violence.
The employer must:
- Complete the Appendix D - Violence, Harassment and Discrimination Risk Assessment Form, that may arise from the nature of the workplace, type of work or conditions of work.
- take into account the circumstances of the workplace and circumstances common to similar workplaces, as well as any other elements prescribed in regulation
- develop measures and procedures to control identified risks that are likely to expose a worker to physical injury. These measures and procedures must be part of the workplace violence program
The Company must advise the HSR of the assessment results. If the assessment is in writing, the employer must provide a copy to the committee or the representative. If there is no committee or representative, the Company will advise workers of the assessment results. If the assessment is in writing, the employees/contractors can be provided a copy at the workers request by contacting the HSR.
The Company will repeat the assessment as often as necessary to ensure the workplace violence policy and related program continue to protect workers from workplace violence and inform the HSR, or workers of the results of the re-assessment.
The risks of workplace violence will be reassessed if: - the workplace moves, or the existing workplace is renovated or reconfigured
- there are significant changes in the type of work (for example, more expensive items are being sold or stored)
- there are significant changes in the conditions of work (for example, closing at a later hour)
- there is new information on the risks of workplace violence; or,
- a violent incident indicates a risk related to the nature of the workplace, type of work, or conditions of work was not identified during an earlier assessment.
Rebound Total Health will complete a reassessment of workplace violence risks annually at minimum. If the above instances do create a reassessment, the next scheduled reassessment would be one year from the date of the last completed reassessment.
Information about a Person with a History of Violence
The OHSA clarifies that employers and supervisors must provide workers with information, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour. This is as needed to protect workers from physical injury while respecting privacy as much as possible.
However, this duty is limited and applies only when the:
- worker can be expected to encounter the violent person in the course of his or her work; and the
- risk of workplace violence is likely to expose the worker to physical injury.
Confidentiality will be maintained wherever possible. Information which relates to potentially violent individuals will be shared with employees/contractors only on a need to know basis and employers and supervisors must also not disclose more information than is reasonably necessary for the protection of a worker from physical injury. Employees/contractors are therefore expected to maintain confidentiality where they are in receipt of this type of sensitive personal information
The Human Resources Consultant, Director and/or the HSR would evaluate the circumstances of a person’s history of violent behaviour and determine which workers would be likely to encounter this person in the course of their work and whether the person poses a risk to those workers.
The factors that would be considered include:
- Was the history of violence associated with the workplace or work?
- Was the history of violence directed at a particular worker or workers in general?
- How long ago did the incident(s) of violence occur?
- What measures and procedures are in place in the existing workplace violence program?
For example, the information disclosed should allow workers to identify the person with the violent history and, if appropriate, the triggers of his/her potential aggression. Only personal information that is necessary to protect the worker from physical injury should be disclosed.
For example, a worker should be told if there is person with a history of hitting workers at that workplace and what the triggers are for that person’s violent behaviour. However, the worker would not necessarily need to know all the personal information the employer has about the person with the violent history.
If needed, an individual action plan will be put into place to keep employees/contractors safe while at work. This may include change in job duties, change in job location, and even change in hours. This action plan would be created in conjunction with the individual(s) that are at risk to ensure they feel safe at all times while performing and acting on behalf of the Company and while on Company property.
Domestic ViolenceUnder the OHSA, the Company must take every precaution reasonable in the circumstances for the protection of workers when they are aware, or ought to be reasonably to be aware, that domestic violence may occur in the workplace, and that it would likely expose a worker to physical injury.
Domestic violence, which affects people of all ages and all ethnic, racial, religious, educational and socioeconomic backgrounds, is defined as violent, threatening or extremely coercive behaviour perpetrated by one partner in a current or formerly intimate relationship on the other. It can consist of a pattern of ongoing abuse lasting years or one single isolated incident.
Domestic violence includes, but is not limited to, the following types of behaviour:
- Actual or threatened physical violence or harm, up to and including incidents of serious assault and even homicide.
- Sexual assault (forcing someone into sexual activities against their will is a crime even where the parties are married to one another).
- Stalking and other forms of harassment and intimidation.
- Threats of harm or actual harm perpetrated against others (e.g. the victim’s children, friends, family, co-workers, etc.).
- Damaging, destroying, or threatening to destroy, property belonging to the victim or individuals who are closely associated with the victim.
Domestic violence is a crime. While psychological, financial, and emotional abuse are not crimes per se, such conduct is also unacceptable. The same can be said for extremely controlling behaviour (e.g. controlling what the victim wears, not allowing him or her to see certain people, leave the house or socialize with others, limiting the victim’s right to free speech, etc.).
At Rebound Total Health, we have the utmost respect for privacy and do not wish to intrude into the personal lives of our employees/contractors. However, where we are aware of the existence of domestic violence, or where such violence is suspected, it may put the targeted worker at risk, and may also pose a threat to co-workers and customers. The Company has a legal and moral obligation to intervene in the interests of the individual concerned and other employees/contractors and customers. The following measures and procedures in the workplace violence program can help protect workers from domestic violence in the workplace:
- Measures for the summoning of immediate assistance
- To take measures protecting the employee who is a victim of domestic violence from his or her current or former partner while at work;
- To protect other employees/contractors from acts of domestic violence occurring in the workplace; and
- Reporting of violent incidents could help protect workers from domestic violence when it may occur in the workplace.
- To warn other employees/contractors of the identity and personal details of an individual with a history of violent behaviour where there is a risk of workplace violence being perpetrated by that person (refer to section above, Information about a Person with a History of Violence).
If employees/contractors have concerns or if they fear domestic violence may enter the workplace they can report these concerns to the HSR, Human Resources Consultant or Director. The Company is prepared to investigate and deal with these concerns on a case-by-case basis.
In addition to evaluating a worker’s specific circumstances, the Company will determine how measures and procedures in the existing workplace violence program could be used to support the development of reasonable precautions for the worker. This could involve creating an individual safety plan for the worker while he or she is in the workplace. The safety plan will be developed in consultation with the targeted worker.
In developing the plan, the Company and worker may need to work with the police, courts, or other organizations who may already be involved. When an employee/consultant and his or her spouse work at the same organization, and there are concerns about domestic violence occurring in the workplace, the HSR, the Human Resources Consultant and/or the Director will follow the procedures above in section Information about a Person with a History of Violence, in dealing with the abusive worker’s behaviour.
If an employee/consultant is being threatened by domestic violence and believes that it may escalate to the workplace, or a colleague believes there is a concern, it is urged that the individual that is threatened or the co-worker(s) report the concerns to the Director. Some indicators may include, incidents taking place at the workplace, threatening emails and phone calls, or unwelcome visits at the workplace by the abusive partner.
Information on potentially violent individuals includes, but is not limited to, the identities, personal histories and descriptions of current or former partners of Rebound Total Health employees/contractors. In the interest of being respectful and sensitive towards victims of domestic violence, confidentiality will be maintained wherever possible. Information which relates to actual or suspected domestic violence, or violent individuals, will be shared with others only on a need to know basis.
No one should ever be required to put up with violent, intimidating or abusive conduct in the workplace – including violence at the hands of one’s current or former spouse or partner. The Company aims to help ensure that the workplace remains a safe haven, free from the dangers of domestic violence and abuse.
The Human Resources Consultant and/or the Director and the threatened employee(s)/consultant(s) will develop an action plan to keep all employees/contractors safe while at work, representing the Company, and on Company property. This will include a review of violent incidents or threats of violence from all sources. This will help the Company determine origins of workplace violence and the likelihood violence will occur at the particular workplace. If the worker does not wish to take any steps, the Company will still take reasonable precautions to ensure the safety of all employees/contractors while addressing the situation and attempting to respect the worker’s privacy and sensitivity of the issue.
Company Responsibilities:
Some of the measures we have implemented to help combat domestic violence include:
- Developing this Domestic Violence Policy
- Ensuring that the concerns of employees/contractors who report incidents of domestic violence are taken seriously, that such information is shared only with other employees/contractors who need to know about these issues, and that appropriate measures are taken to minimize the possibility of acts of domestic violence occurring in the workplace, including but not limited to contacting local authorities and or other professional service providers as deemed necessary (i.e. security firm, investigators, etc.).
- Performing a violence risk assessment of our premises and our business and implementing security measures designed to combat violence in the workplace.
On request of an employee, or where it becomes clear to the Human Resources Consultant and/or Director that there is a potential for acts of domestic violence to occur in the workplace, Rebound Total Health will create an individual safety plan by the completing some or all of the following measures.
The measures include, but not limited to:
- Notifying reception of the identity and/or description of an abuser, with the direction that under no circumstances will that individual be allowed to contact the employee while he or she is at work.
- Banning an individual from the premises and calling the police if necessary.
- Moving an employee’s workstation to a less public and/or more secure area of the building.
- Removing the employee’s name from the company telephone directory.
- Providing a security escort to an employee/consultant’s vehicle or to public transit.
- Changing an employee/consultant’s mailing address, emergency contact details and home telephone number, and ensuring that such information remains confidential.
- Allowing for changes in hours, flexible hours, time off and job-protected leaves of absence where required for reasons connected with the issues of domestic violence and abuse.
- Reassigning the employee/consultant to a different work location, or, where possible, to a non-customer in person facing role.
- Providing information to other employees/contractors about an individual with a history of violence where those employees/contractors are likely to encounter that person in the course of their work and where there is a risk of physical injury.
Actions Employees/contractors Can Take:
Employees/contractors who find themselves in the unfortunate position of being victims of domestic violence and abuse and/or employees/contractors who witness any act of domestic violence at work can take actions to protect themselves. It is important to realize that you are not alone, and that help is available. Some of the things you can do include:
- Talk to the Human Resources Consultant, HSR, or Director
- Talk to your doctor or obtain the advice of a family lawyer.
- Contact a shelter, an organization such as Victim Crisis Assistance and Referral Services (VCARS) 1-800-574-4401 or the Victim Support Line (VSL) 1-888-579-2888.
- Woman’s Interval Home: 519-336-5200
- Preserve evidence of instances of abuse and note dates and times of specific incidents.
- Call the police.
- Obtain a peace bond or a restraining order against the abuser from a court.
- Apply to a court to have access to children denied to the abuser where the children are also victims of domestic violence and/or abuse. Where domestic violence impacts children, it is also a good idea to inform your child’s school or daycare provider.
- Consider basic personal security measures such as moving, obtaining an unlisted telephone number, changing locks, purchasing an alarm system, obtaining a cell phone, avoiding isolated areas, taking a self-defence course, etc.
At the Company, we urge you not to get involved in any actions meant to thwart or deter a robbery, violent act or other serious criminal activity while on company property or while conducting company business. If you do encounter such activities, do not try to stop the robbery, violent act or crime. As soon as you and your co-workers are safe, use the information made available to summon immediate assistance that would be best for the situation and notify your Human Resources Consultant, HSR or Director immediately. If a fight breaks out in the workplace, do not try to physically intervene. Instead, notify the Human Resources Consultant, HSR and/or Director.
All serious criminal activities must be reported immediately to the proper authorities.
Definitions
Nature of the workplace:
Refers to the physical aspects of the workplace, whether it is a building, construction site, or vehicle. This may include workplace lighting, lines of sight, depth of counters, entrances, exits and objects that could be used to hurt workers.
Type of work:
Refers to the activities workers perform (such as handling cash), the sector of work (such as construction) and people with whom workers interact (such as customers, clients or subcontractors).
Conditions of work:
Refers to other aspects such as hours worked, the surrounding neighbourhood and whether workers move from location to location, work alone or in isolation.
What is meant by the phrase “circumstances specific to the workplace”?
Circumstances specific to the workplace could include:
- layout and design of the workplace;
- geographic location of the workplace;
- work carried out and conditions of work, including activities or circumstances associated with a higher risk of violence (see list below);
- protective measures and procedures, including security measures, that may already be in place; and
- past violent incidents in the workplace.
A number of activities or circumstances may increase the risk of workplace violence. These include:
- handling cash;
- protecting or securing valuables;
- transporting people and goods;
- a mobile workplace (such as a vehicle);
- public or community contact;
- working with unstable or volatile people;
- working alone or with just a few people; and
- working late nights or very early mornings.
Workplace:
Any location where a Rebound Total Health employee is carrying out their occupational duties, including those locations that are not on the primary office location. This may include a customer’s location, a social function, training and conferences, during travel, at restaurants, hotels or meeting facilities being used for business purposes, during telephone, e-mail or other communications.
Poisoned Work Environment:
Workplace violence may also include behaviour, conduct, comments or activities which are not directed specifically at an individual, but which nonetheless create a degrading, uncomfortable or offensive “poisoned” work environment.
Trivial, Frivolous or Malicious Complaints:
Trivial or frivolous complaints are those with no merit, importance, significance or seriousness. Malicious complaints are those which are made in bad faith with the intent to harm the Respondent.
Retaliation:
The Respondent or somebody acting in interest of the Respondent taking action against a Complainant for pursuing a complaint or someone associated with the complaint. This may include direct actions such as threats or indirect actions such as exclusion. Retaliation intends to stop a person from pursuing a complaint or is an act of revenge once a complaint has been made.
Complainant/victim:
A person who has been the target of violence and who brings a complaint forward under this policy.
Respondent:
A person alleged to have engaged in behaviour of violence under this policy.
Investigator(s):
A person designated by the Director to conduct investigations under this policy including internal or external individuals.
Work Refusals
Under the OHSA, a worker can refuse to work if he or she has reason to believe he or she may be endangered by workplace violence. However, work cannot be refused on the grounds of workplace harassment. The act sets out a specific procedure that must be followed in a work refusal. It is important for workers, employers, supervisors, and health and safety representatives to understand and follow this procedure.
The workplace violence program includes measures and procedures for workers to report workplace violence incidents and for employers to investigate and deal with those incidents or complaints. These measures can help workers, supervisors and employers address workplace violence concerns before they escalate to work refusals.
All workers have the right to refuse work due to violence in the workplace, but for some workers the right to refuse work for any reason, including for workplace violence, is limited.
Certain workers who protect public safety cannot refuse work if:
- the danger is an inherent or normal part of their job or
- the refusal would endanger the life, health or safety of another person
A worker must remain in a safe place as near as reasonably possible to his or her workstation while waiting for the employer to investigate or for the Ministry of Labour to investigate. The location will depend on the circumstances that led to the work refusal. The Company will work with the Human Resources Consultant, HSR and the employee(s) to determine the best location based on the situation. These workplace-specific procedures must be consistent with the work refusal provisions in the OHSA.
An employee can refuse work on the basis of a threat, if it is (or can be reasonably interpreted to be) a threat to exercise force that could cause physical injury to the worker. Where a worker receives a threat that does not cause him/her to fear for his/her personal safety, the worker should use the procedures in this policy to report the incident to the Company.
Although employees/contractors can refuse to work or do particular work if their health and safety is in danger due to workplace violence, this does not mean all work needs to be suspended during a work refusal. For example, if the risk of workplace violence is eliminated by the removal of a violent person, it may be possible for work to continue during the Company’s investigation.
Whether there is a work refusal or not, employees/contractors should report an incident of workplace violence to their Human Resources Consultant, HSR or the Director. The Company needs to investigate and take any steps necessary to protect all employees/contractors.
Filing a Complaint and Investigation
Filing a ComplaintThere will be measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur. Measures and procedures may include:
- equipment to summon assistance such as fixed or personal alarms, locator or tracking systems, phones, cell phones, etc.;
- positioning workers within calling distance of each other;
- emergency telephone numbers and/or e-mail addresses easily accessible at all times
When filing a violence complaint, measures and procedures may include:
- How, when, and to whom a worker should report incidents or threats;
- The type of information to be collected (e.g. the details of the incident, names of the workers and others involved in or witness to the incident, date of the incident);
- Appendix E - Complete the Violence, Harassment and Discrimination Complaint Form
- Roles and responsibilities of employers, supervisors, workers, joint health and safety committees, health and safety representatives and others in the incident reporting process;
- When the incident requires external reporting (i.e. to the police, Ministry of Labour, etc.).
Any person who feels they have been the target of or has observed violence is encouraged to document details of the incident shortly after it has occurred. Points to note include:
- Name of the Complainant and Respondent
- Date, time and location of the incident
- Description of the incident, including words, gestures
- Names of witnesses to incident
This information will help with any of the resolution methods described.
Informal Resolution
Those who feel they have been the target of only violent threats and no physical violence has occurred, are encouraged as an initial step to raise their concern with the offender either in person, by phone or in writing. This step is only suggested if the employee feels comfortable to do so. The Director or Human Resources Consultant can support the Complainant to prepare for this conversation and can act as an informal mediator for both parties. If physical violence has occurred a formal complaint is suggested.
Often times, the person may not be aware that their behaviour is considered a violent threat and not allowed. A clear message to them may stop the behaviour and no further intervention required. If the behaviour does not stop, or you fear for your safety, you are asked to bring your complaint forward to initiate a formal resolution.
Formal Complaint
A formal complaint may be initiated in the following ways:
- If you do not feel comfortable for any reason please contact Brittany Barratt, Directorby email: info@reboundtotalhealth.ca or Cell: # 289 204 6393
- Appendix E - Completing the Violence, Harassment, and Discrimination Complaint Form
- Filing a grievance, as applicable under a relevant Collective Agreement
- Filing a complaint to the Provincial Human Rights Tribunal, for incidents which are covered under the Provincial Human Rights Code
- Local police department
Once the Company is notified of a complaint the Investigator(s) will be notified. Results of the investigation will be forwarded to the Human Resources Consultant, and the Director for resolution and outcome. Employees/contractors may choose not to pursue a complaint, however should be aware that once the Company is aware of the incident, it may be necessary to proceed with an investigation and take appropriate action.
Formal complaints should be made as soon as possible after the date of the alleged incident. This will allow for proper investigation while evidence is still fresh in the minds of witnesses and to ensure timely action occurs.
A Complainant may initiate a grievance, a complaint to the Ontario Human Rights Commission, contact Police or seek outside legal assistance at their own expense at any time during this internal process. Subsequent complaints on the same manner made to another party, may however be held without action pending the outcome of the first investigation. Acts of criminal harassment such as stalking, threats, sexual or physical assault are addressed through the Workplace Violence Policy and the Criminal Code and may be supported by the local Police.
Complaints may be refused prior to the investigation stage and no further action taken in the following circumstances:
- the complaint has been viewed to be trivial, frivolous or malicious
- an investigation regarding the same incident has already been initiated by another party
- the alleged incident does not comply with the definition of violence under this Policy
When an incident of workplace violence occurs, the employer should first notify police or emergency responders for immediate assistance whenever possible. In addition, under the OHSA, an employer has a number of duties if a workplace violence incident results in a person being killed or critically injured.
An employer must:
- Immediately notify, by direct means such as telephone, a Ministry of Labour inspector, the workplace’s HSR; and
- Within 48 hours notify, in writing, a director of the Ministry of Labour, giving the circumstances of the occurrence and any information that may be prescribed.
If there is an incident of workplace violence and a worker is disabled or requires medical attention, the employer must notify the HSR within four days of the incident. This notice must be in writing and must contain any prescribed information. If required by an inspector, this notice must also be given to a director of the Ministry of Labour.
InvestigationThe Investigator(s) will lead a fact-finding investigation, informing the Director of the Complainant and Respondent. The Company requires that all parties involved cooperate completely with the investigation.
The Investigator(s) will complete the Appendix F - Violence, Harassment & Discrimination Individual Investigation Report and interviews will occur as follows:
- Complainant - to discuss, confirm and formally document details of the incident(s)
- Respondent – to inform of the concern and receive their response to the allegations
- Witnesses – may include those with direct observations of the incident or those with
historical information – to provide additional accounts of the incident or surrounding dynamics - Interview subjects may be accompanied by a person of their choice for moral support during any step of the investigation. Interviewees will be asked to review meeting notes and sign them to indicate their accuracy.
- Upon completion of the investigation, the Investigator(s) will review all evidence collected and examine the “balance of probabilities” as standard of proof to determine whether the Policy has been contravened.
- The Investigator(s) will meet individually with the Complainant and Respondent to share preliminary findings of the investigation. At that time, both parties will be afforded an opportunity to provide any additional information they feel may be relevant to the final outcome of the investigation. The Investigator(s) may determine that additional investigation is required; and will inform the Human Resources Consultant and the Director accordingly.
- The Investigator(s) will provide a detailed report to the Director with a final determination of findings. The Director may seek advice from legal counsel, or the Ontario Human Rights Commission as required.
- The Human Resources Consultant and the Director will work collaboratively in determining the outcome of the investigation and implementation plan.
Outcomes and resolutions may include but not be limited to:
- Education to an individual and/or group
- Mediation
- Review and modification of workplace policies, procedures and practices
- Discipline including, but not limited to, a reprimand, suspension, demotion, transfer, termination of employment or contract
The Employee that was allegedly harassed will be informed in writing about the results of the investigation and of any corrective action that has been or that will be taken as a result of the investigation. This information will also be provided to the alleged harasser who works for the Company. The purpose of this is to ensure that these specific workers are aware of what has happened as a result of the incident or complaint and the investigation into that incident or complaint.
The results are meant to be a summary document, outlining the findings of the investigation. If the investigation concluded that workplace harassment occurred, information about corrective actions taken must be included.
A plan to monitor the behaviour of individuals and dynamics of the group impacted will be developed by the Investigator(s), HSR, Human Resources Consultant and Director to follow up periodically six months after the conclusion of the investigation. This measure is set to guard against potential retaliation, prevent future issues and evaluate the effectiveness of resolution strategies.
False and Unsubstantiated Complaints
No disciplinary action or reprisal can be made against a Complainant who acts in good faith and exercise his or her rights under this Policy and under the law, even if they turn out to be false, impossible to verify or if the behaviour complained of does not amount to violence or harassment.
Malicious Complaints
Complaints determined as malicious will be considered a contravention of this Policy. The resolution and outcomes will focus appropriate disciplinary action toward the original Complainant, up to and including termination of employment.
Trivial or Frivolous Complaints
A repeated pattern of trivial or frivolous claims by the same complainant who knows it to be false may also amount to harassment and may result in disciplinary action, up to and including termination.
Retaliation
Retaliation or threats to that effect, toward anyone involved in a complaint investigation is viewed as a violation of this Policy. Investigation of such behaviour will occur and appropriate disciplinary action taken, up to and including termination of employment.
Confidentiality
All information related to a complaint and investigation is confidential. Anyone involved in an investigation shall not disclose information, except as required by this procedure and will be required to sign a confidentiality statement. Anyone who breaches confidentiality of any part of a complaint will be subject to discipline, up to and including termination of employment.
Records Retention
All records related to meetings, interviews or any part of the investigation will be treated as confidential and not be disclosed, except as required by law. Documentation related to the investigation will be retained in the employees/contractors file that is secured and locked with the Director for a period of no less than of seven years from the conclusion of the investigation. Records may be subject to release under Protection of Privacy Act or legal proceedings. Copies of any disciplinary action will also be placed in the employee’s file.
Roles & Responsibilities
All Rebound Total Health employees/contractors have a responsibility to ensure their own behaviour and interactions are respectful and not in contravention of this policy. It is critical to understand that the intention behind one’s actions is not relevant in the determination of a finding of violence; it is the impact the actions have on others. All employees/contractors have a role in not tolerating such behaviour and reporting it, if it does occur. Specific groups or individuals have particular responsibilities as follows:
Management and Supervisors
It is the responsibility of those in supervisory/management positions at the Company, up to and including the Director, to actively maintain a workplace free from violence and promote respectful interactions in the workplace through the provision of information, training, clear expectations and modelling desired behaviour. In the event of an alleged incident of violence, Management takes all allegations of violence seriously and will immediately provide supports to maintain the physical and emotional health of those affected, provide information on the procedures associated with this Policy and inform the HSR, Human Resources Consultant and/or the Director.
During an investigation, Management will follow up, cooperate, and respond to the needs of the Investigator(s) to ensure an effective and timely investigation. Management will demonstrate and promote the maintenance of confidentiality.
A person in authority who does not take active steps to ensure a violence free workplace may be held responsible for failing to do so and face disciplinary action up to and including termination of employment.
Active steps include, but are not limited to:
- Be familiar with the requirements of the Workplace Violence Policy and Prevention Program and all of the relevant sub-policies.
- ensuring employees/contractors are aware of the Workplace Violence Policy and Prevention Program
- regularly reinforcing the requirement for respectful interactions
- To be aware of the signs of workplace violence and be prepared to intervene when appropriate
- modelling behaviour in keeping with the company policies
- supporting employees/contractors who come forward with complaints under this policy, including referring victims, complainants, and respondents to appropriate resources where applicable.
- notifying the HSR and/or Human Resources and/or Senior Management when becoming aware of violence, regardless of whether the employee wishes to pursue a complaint
Those who have become aware of or have directly observed violence are asked to provide support to the target of the behaviour and encourage them to take action toward an informal or formal resolution. If the victim does not take action, observers are asked to bring information forward to the Director.
Anyone involved in the investigation of an alleged incident is required to cooperate with the Investigator(s) and to maintain confidentiality with individuals that are not involved in the investigation, at all times.
Employees
All employees must treat everyone in the workplace with dignity and in a manner that is respectful and free of violence, threats, intimidation, harassment and discrimination. Also, it is important to make changes to their own behaviour if they become aware that there is potential for such behaviour to harm, intimidate, threaten or cause offence to others.
In order for a change to be made within the workplace, it is imperative to refuse to accept violent behaviour from others, regardless of whether that behaviour is perpetrated by one’s superior, co-workers, or by a subcontractor, customer, client, supplier or member of the public. If you are a victim or a witness to violent or threatening behaviour, intervene if it is possible and report instances of inappropriate behaviour even if it did not come from a work site or office environment. This can be done discreetly through your HSR or the Director.
Please remember that being a victim of violence can be a very difficult event, so be supportive of anyone that has gone through this. In order for the investigator(s) to come to an accurate result of any complaints, all employees must cooperate fully with violence investigations.
Independent Contractors
All independent contractors are expected to report the incident as soon as the Complainant comes forward and to keep management up to date with their investigation as it progresses. In order for investigators to come to an accurate result of any complaints, all employees/contractors must cooperate fully with violence investigations.
Investigator(s)
The Investigator(s) will conduct fair and impartial investigations and decide if violence is present or not. Additionally, the Investigator(s) will be able to provide supports such as informal resolution, coaching, training and monitoring.
Human Resources Consultant
The Human Resources Consultant will create and keep this policy and program up to date and compliant with relevant laws and legislations. The Human Resources Consultant will be informed of all complaints and will assists in the investigation. The Human Resources Consultant can also assist employees/contractors in filing complaints of workplace violence and receive and keep a copy on file from the investigation findings from the Investigator(s).
The Human Resources Consultant will work collaboratively with the impacted individuals and management to inform them of their rights to obtain legal advice and/or representation from a qualified lawyer independent from the Company. The Human Resources Consultant will also work as a mediator in workplace disputes involving workplace violence where appropriate, to facilitate the findings of a mutually acceptable solution. In cases where external legal counsel is involved the Human Resources Consultant will work with the representatives in determining the outcome and implementation of the investigation and recommendations.
Health and Safety Representative
The HSR will educate employees/contractors about workplace violence and all applicable polices. The HSR will receive complaints of any workplace violence, and respond to employee concerns related to workplace violence, and provide appropriate resources for each situation. The HSR will also provide recommendations in relation to policies, procedures and programs dealing with prevention of workplace violence, and complete the regular/annual risk assessments. The HSR is also responsible for keeping a record of all training completed, and work with the Human Resources Consultant to provide the appropriate training to all employees/contractors. If they are notified of a concern, they must provide the information to the Director. The HSR may also be part of the investigation team if deemed necessary.
Information and Training
Other Related Information and Instruction DutiesUnder the OHSA, an employer has a general duty to provide information, instruction and supervision to protect a worker. A supervisor has a duty to advise workers of any actual or potential occupational health and safety dangers of which the supervisor is aware.
To protect workers, the employer must tailor the type and amount of information and instruction to the specific job and the associated risks of workplace violence. Workers in jobs with a higher risk of violence may require more frequent or intensive instruction or specialized training.
TrainingThe Director at Rebound Total Health will identify what information, instruction or training is needed when an employee is hired. Hazards associated with each specific job as well as the measures and procedures that are in place will be taken into account to determine the necessary and training that is needed.
Similarly, the Director will identify what information, instruction or training is needed when a worker changes positions since there may be increased hazards with different positions.
Workplace violence can be covered along with other occupational health and safety topics, including workplace harassment, or it can be covered separately.
Training will be completed:
- Within six (6) months upon being hired to Rebound Total Health
- When there are significant changes to the risks encountered;
- When there are significant changes to the workplace violence policy or program; and/or
- When circumstances indicate additional instruction or training is needed such as when procedures are not being followed or workers do not know about them.
The HSR will keep a record of all training completed by all employees/contractors of Rebound Total Health. There will also be a copy of the training kept in the employee files.
Contact Information
Complaints regarding workplace violence may be made in person, by telephone, through email, or by other means as required.
Complaints made in person, by telephone or through email should be directed to:
Brittany Barratt
Director
Email: info@reboundtotalhealth.ca
Phone: 289 204 6393
Questions about this Policy
If anyone has questions about the policy, or if the purpose of the policy is not understood, an explanation should be provided by or referred to the Director.
This policy will be reviewed annually at minimum and posted on each location’s Health & Safety board.
Workplace Harassment and Discrimination PolicyIntroduction
At Rebound Total Health, nothing is more important to us than the physical and mental health, safety, security, dignity, self-respect and well-being of our employees, managers, contractors, and that of our customers and other visitors, including vendors, suppliers and members of the general public. Employees/contractors and other internal and external stakeholders have a right to work and conduct their business at Rebound Total Health without fear of harassment, discrimination or anything that would disrupt our safe and respectful workplace and place of business.
Violence, intimidation, harassment, discrimination and bullying in any form will not be tolerated on Rebound Total Health premises, at any Company event or while conducting Company business, or representing the Company for any reason whatsoever.
Unless otherwise noted, in this Policy, references to “employees” also include such individuals as Supervisors, executives, contractors, agency employees, and in some cases, could also potentially include consultants.
Policy Statement
The Company is committed to providing an environment free from all forms of harassment, discrimination and disrespectful behaviour. The Company expects and promotes respectful interactions which show regard for the rights, dignity, health and safety of all. This policy is consistent with the spirit and provisions of the Ontario Human Rights Code.
The Company will not tolerate, ignore or condone workplace harassment, discrimination or any pattern of inappropriate, disrespectful behaviour that a reasonable person would consider to be humiliating, demeaning, offensive or intimidating. The Company considers such actions to be a serious offence, which may result in disciplinary action up to and including termination of employment.
Harassment is a pattern of inappropriate actions and or ongoing behaviour that a reasonable person would consider to be humiliating, demeaning, offensive or intimidating and is unwelcome. A single incident may constitute harassment, depending on the severity of the behaviour.
While the Company’s Workplace Harassment & Discrimination Policy is not meant to stop free speech or to interfere with everyday social relations, harassment and discrimination can be distinguished from normal, mutually acceptable socializing in that it is offensive, insulting, intimidating, hurtful and malicious. It creates an uncomfortable work environment and has no place in employment relationships within the Company.
Purpose and Scope
The Employer will:
- develop harassment policies and programs
- work to prevent incidents from taking place through information, education, early identification and corrective discipline where appropriate
- thoroughly investigate reported incidents in an objective, sensitive and timely manner with due regard to the confidentiality of all parties concerned
- provide fair and effective resolution of complaints
- take necessary action against those who are found in contravention of this policy; up to and including termination of employment
- provide support to those affected by misconduct, to maintain self-worth, health and wellness
- provide clarity around employer accountability
Harassment and discrimination have no place in the workplace.
ScopeThis policy applies to all full-time, part-time, casual, temporary and contract employees/contractors, as well as to any volunteers, students, interns and apprentices. This may include off-site job-related functions, social events, courses, and classes related to work and employment, or any other function where an employee is representing the Company on or off site, and where applicable, to digital work environments.
Definitions
Harassment is a pattern of inappropriate actions and or ongoing behaviour that a reasonable person would consider to be humiliating, demeaning, offensive or intimidating and is unwelcome. A single incident may constitute harassment, depending on the severity of the behaviour.
In addition to contravening this Policy, harassment may violate the Ontario Human Rights Code if the inappropriate behaviour associates the prohibited grounds listed in the Code. Under the Ontario Human Rights Code, prohibited grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same sex partnership status, family status, disability, sex and sexual orientation.
Examples of harassment may include, but are not limited to:
- Racial, ethnic, homophobic, sexist slurs
- Written or verbal abuse or threats
- Unwelcome remarks, jokes, taunts related to the prohibited grounds
- Abuse of Company
- Vandalism of personal property
- Displaying or transmitting offensive or derogatory material
- Patronizing or condescending behaviour or language which reinforces stereotypes and undermines self-respect
- Yelling
- Foul language
- Jokes resulting in insult or embarrassment
- Bullying
- Offensive gestures or comments
- Spreading rumours
- Making false accusations
- Intimidation or coercion
- Actions which create a poisoned environment
Harassment is not:
- Appropriate direction, delegation or discipline administered under the normal course of supervision
- Stressful events encountered in the performance of legitimate job duties
- A relationship of mutual consent or flirtation
- Friendly teasing or bantering that is mutually acceptable and not offensive to others
While harassment in any form will not be tolerated, there are three (3) specific types of harassment that everyone needs to be aware of:
- sexual harassment;
- racial/ethnic harassment; and
- Psychological Harassment (bullying).
The inclusion of specific types must not, however, be taken to mean that we will ignore other forms of harassment. Rather, these three forms of harassment are included here because such conduct is regrettably still too common in today’s workplaces.
Sexual HarassmentThe Company is committed to providing our employees/contractors with a work environment free from sexual harassment. All our employees/contractors have the responsibility to conduct themselves accordingly.
Like other forms of harassment in the workplace, sexual harassment is against the law. It is also against our policy which is to encourage respect and courtesy among us all. Also, such conduct creates a negative impact on work performance and creates an intimidating, hostile and/or offensive working environment.
Sexual Harassment is defined as behaviour of a sexual nature that is known or ought to reasonably be known to be unwelcome. It includes, but is not limited to a sexual solicitation or advance, or a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance, made by a person in a position to confer, grant or deny a benefit or advancement, where that person knows or ought reasonably to know that the solicitation or advance is unwelcome.
Examples of sexual harassment include, but are not limited to:
- Gender-related comments about an individual's physical attributes, mannerisms or characteristics.
- Unwelcome physical contact such as patting, touching, pinching, petting, etc.
- Suggestive or offensive remarks.
- Unwelcome propositions of physical intimacy.
- Gender-related verbal abuse, threats or taunting.
- Leering. (A side glance expressive of malignity, amorousness or some unworthy feeling)
- Bragging about sexual prowess.
- Demands for dates or sexual favours.
- Offensive jokes or comments of a sexual nature about an employee.
- Display of sexually offensive pictures.
- Unwelcome questions or discussions about sexual activities.
- Sexual assault.
- Unwelcome language related to gender.
Gender identity is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.
Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common ways of expressing gender.
Male, female and transgender employees/contractors can be victims of sexual harassment, which can be perpetrated by members of the opposite sex as well as those of the same sex. While incidents of sexual harassment are often characterized by an imbalance of power in the workplace, this is not necessarily always the case, with a harasser’s co-worker and even their Manager sometimes being the victim.
Racial/Ethnic HarassmentRacial harassment is when someone bothers, threatens or treats another person unfairly because of his or her race, colour or ancestry. Such forms of harassment can also be connected with one’s place of origin, religion, citizenship or first language. Racial or ethnic harassment is not condoned by Rebound Total Health.
Examples of conduct which may be racial or ethnic harassment include:
- Unwelcome remarks, jokes or innuendos about a person's racial or ethnic origin, colour, place of birth, citizenship or ancestry.
- Displaying racist or derogatory pictures or other offensive material.
- Insulting gestures or practical jokes based on racial or ethnic grounds which create awkwardness or embarrassment.
- Refusing to speak to or work with someone or treating someone differently because of their ethnic or racial background.
Psychological Harassment (Bullying):
The Company is committed to providing every employee, subtrade, and visitor with a work environment free from psychological harassment. Everyone has the responsibility to conduct themselves accordingly.
Psychological Harassment is behaviour which is hostile and unwanted. It intimidates, degrades, humiliates and ultimately undermines the self-confidence and dignity of an individual. It is generally repetitive, although a single serious incident of such behaviour may constitute bullying if it has a lasting harmful effect and results in a harmful work environment.
Examples of psychological harassment include, but are not limited to:
- Making rude, degrading or offensive remarks
- Discrediting the person; spreading rumours, ridiculing him/her, humiliating him/her, calling into question their convictions or their private life, shouting abuse, sexually harassing him/her, or harassing that person based on any ground prohibited by human rights legislation, including race, colour, sex, sexual orientation, pregnancy, civil status, age, religion, political convictions, language, ethnic or national origin, social condition or handicap
- Belittling the person; forcing him/her to perform tasks that are belittling or below his/her skills, simulating professional misconduct
- Character assassination; spreading rumours, gossip and innuendo, especially that which is malicious, hurtful and untrue.
- Social isolation; ostracizing or ignoring an individual.
- Violence, intimidation or threats of violence.
- Deliberately undermining someone or stopping that person from completing his or her work.
- Belittling an employee’s work or achievements or constantly taking credit for that person’s accomplishments; removing responsibilities and accountabilities without reason.
- Constantly changing work requirements and/or standards.
- Assigning unreasonable duties or workload to an employee; assigning demeaning and/or insulting work.
- Establishing impossible deadlines designed to set up an employee for failure.
- Withholding necessary information or deliberately giving false information.
- Making or forwarding offensive jokes, especially when the jokes are directed towards that person or to an identifiable group to which that person belongs.
- Spying on someone, stalking the person, sabotaging or tampering with his or her equipment or belongings, or otherwise invading that person’s privacy.
- Regularly shouting or using profanity, especially when directed towards the individual concerned.
- Constantly or persistently criticizing an individual; regularly criticizing someone in public.
- Unwarranted, unjust or unreasonable punishment; constantly threatening someone with being fired where termination is not warranted.
- Falsely accusing an employee of misconduct, criminal activities or harassment.
- Continuously blocking reasonable requests for training, leaves or transfers.
- Engaging in online or “cyber” bullying.
Unless an individual has been unfairly singled out for especially harsh treatment, workplace bullying generally does not include situations such as the following:
- Holding people accountable for their performance through the provision of routine coaching and feedback, fair and objective performance appraisals, performance improvement/corrective action plans, or through appropriate and justifiable disciplinary action.
- Providing fair and reasonable constructive feedback or evaluation of the work completed by a colleague or a direct report.
- A Manager assigning additional work of a reasonable scope and quantity to his or her direct reports or requesting an employee to work reasonable overtime hours when required.
- Minor differences of opinion and/or the occasional workplace conflict which does not get out of hand.
- Occasionally showing slight frustration or annoyance, where such behaviour is justified and displayed in a respectful manner with no threat of violence, intimidation or other inappropriate reprisals.
The unequal treatment of a person on the basis of a grounds of discrimination. The following are prohibited grounds in Ontario as outlined by the Ontario Human Rights Code, which are:
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status (including single status)
- Gender identity, gender expression
- Receipt of public assistance (in housing only)
- Record of offences (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
In general, discrimination is an act or practice that intentionally or unintentionally causes a type of disadvantage prohibited by the provisions of the Ontario Human Rights Code.
Examples of discrimination may include, but are not limited to:
- Refusal to work with or different treatment of a person on the basis of the grounds of discrimination
- Denying someone goods, services, facilities or accommodation.
- Providing someone goods, services, facilities or accommodation in a way that treats them adversely and differently.
- Following policies or practices that deprive people of employment opportunities.
- Paying men and women differently when they are doing work of the same value.
- Retaliating against a person who has filed a complaint with the Commission or against someone who has filed a complaint for them.
- Harassing someone
Other Definitions:
Systemic (Indirect) Discrimination:
The use or application of a requirement, either in policy or practice that has a negative impact on a group on the basis of a prohibited ground. Systemic discrimination occurs when policies or practices exclude, limit or restrict members of designated groups from employment or opportunities within employment.
Workplace:
Any location where a Rebound Total Health employee is carrying out their occupational duties, including those locations that are not on primary work sites. This may include a client’s workplace, social function, training and conferences, during travel, at restaurants, hotels or meeting facilities being used for business purposes, during telephone, e-mail or other communications.
Poisoned Work Environment:
Workplace harassment may also include behaviour, conduct, comments or activities which are not directed specifically at an individual, but which nonetheless create a degrading, uncomfortable or offensive “poisoned” work environment.
Trivial, Frivolous or Malicious Complaints:
Trivial or frivolous complaints are those with no merit, importance, significance or seriousness. Malicious complaints are those which are made in bad faith with the intent to harm the Respondent.
Abuse of Company:
An individual using undue Company or power related to their position with the intention of compromising an employee’s job performance and adversely affecting their career.
Retaliation:
The Respondent or somebody acting in interest of the Respondent taking action against a Complainant for pursuing a complaint or someone associated with the complaint. This may include direct actions such as threats or indirect actions such as exclusion. Retaliation intends to stop a person from pursuing a complaint or is an act of revenge once a complaint has been made.
Complainant:
A person who has been the target of harassment or discrimination and who brings a complaint forward under this policy.
Respondent:
A person alleged to have engaged in behaviour of harassment or discrimination under this policy.
Investigator(s):
A person designated by the Director to conduct investigations under this policy including internal or external individuals.
Roles & Responsibilities
All Rebound Total Health employees/contractors have a responsibility to ensure their own behaviour and interactions are respectful and not in contravention of this policy. It is critical to understand that the intention behind one’s actions is not relevant in the determination of a finding of harassment or discrimination; it is the impact the actions have on others. All employees/contractors have a role in not tolerating such behaviour and reporting it, if it does occur. Specific groups or individuals have particular responsibilities as follows:
Management and Supervisors
It is the responsibility of those in supervisory/management positions at the Company, up to and including the Director, to actively maintain a workplace free from harassment and promote respectful interactions in the workplace through the provision of information, training, clear expectations and modelling desired behaviour. In the event of an alleged incident of harassment, Management takes all allegations of harassment seriously and will immediately provide supports to maintain the physical and emotional health of those affected, provide information on the procedures associated with this Policy and inform the Harassment Investigator(s).
During an investigation, Management will follow up, cooperate, and respond to the needs of the Harassment Investigator(s) to ensure an effective and timely investigation. Management will demonstrate and promote the maintenance of confidentiality.
A person in authority who does not take active steps to ensure a harassment free workplace may be held responsible for failing to do so and face disciplinary action up to and including termination of employment.
Active steps include, but are not limited to:
- Be familiar with the requirements of the Workplace Harassment Policy and all of the relevant sub-policies.
- ensuring employees/contractors are aware of this policy
- regularly reinforcing the requirement for respectful interactions
- To be aware of the signs of workplace harassment and be prepared to intervene when appropriate
- modelling behaviour in keeping with the company policies
- supporting employees/contractors who come forward with complaints under this policy, including referring victims, complainants, and respondents to appropriate resources where applicable.
- notifying Superiors when becoming aware of harassment, regardless of whether the employee wishes to pursue a complaint
Those who have become aware of or have directly observed harassment or discrimination are asked to provide support to the target of the behaviour and encourage them to take action toward an informal or formal resolution. If that person does not take action, observers are asked to bring information forward to Director or the harassment Investigator(s).
Anyone involved in the investigation of an alleged incident is required to cooperate with the Investigator(s) and to maintain confidentiality at all times.
Employees
All employees must treat everyone in the workplace with dignity and in a manner, that is respectful and free of violence, threats, intimidation and harassment. Also, it is important to make changes to their own behaviour if they become aware that there is potential for such behaviour to harm, intimidate, threaten or cause offence to others.
In order for a change to be made within the workplace, it is imperative to refuse to accept violent or harassing behaviour from others, regardless of whether that behaviour is perpetrated by one’s manager or co-workers, or by a subcontractor/customer/client, supplier or member of the public. If you are a victim or a witness to harassment intervene if it is possible and report instances of inappropriate behaviour even if it came from off site or the office environment. This can be done discreetly through one of the Director or the Human Resources Consultant.
Please remember that being a victim of harassment can be a very difficult event, so be supportive of anyone that has gone through this. In order for investigators to come to an accurate result of any complaints, all employees must cooperate fully with harassment investigations.
Independent Contractors
All independent contractors are expected to report the incident as soon as the Complainant comes forward and to keep management up to date with their investigation as it progresses. For investigators to come to an accurate result of any complaints, all employees must cooperate fully with harassment investigations.
Investigator(s)
The Investigator(s) will receive complaints, conduct fair and impartial investigations and make a decision as to whether harassment and/or discrimination are present or not. Additionally, the Investigator(s) will be able to provide supports such as informal resolution, coaching, training and monitoring.
Human Resources Consultant
The Human Resources Consultant will be informed of all complaints and will assists managers and employees/contractors in the investigation. The Human Resources Consultant will also assist employees/contractors in filing complaints of workplace harassment and receive and keep a copy on file from the investigation findings from the Investigator(s).
The Human Resources Consultant will work collaboratively with the impacted individuals and management and inform them of their rights to obtain legal advice and/or representation from a qualified lawyer independent from the Company. The Human Resources Consultant will also work as a mediator in workplace disputes involving workplace harassment where appropriate, to facilitate the findings of a mutually acceptable solution. In cases where external legal counsel is involved the Human Resources Consultant will work with the representatives in determining the outcome and implementation of the investigation and recommendations.
Health & Safety Representative
The HSR will educate employees/contractors about workplace harassment and all applicable polices. They will provide recommendations in relation to policies, procedures and programs dealing with prevention of workplace harassment. The HSR will also respond to employee concerns related to workplace harassment. If they are notified of a concern, they must provide the information to the Director. Members of the HSR may also be part of the Investigation team if deemed necessary.
Filing a Complaint and Investigation
Filing a ComplaintAny person who feels they have been the target of or has observed harassment or discrimination is encouraged to document details of the incident shortly after it has occurred. Points to note include:
- Name of the Complainant and Respondent
- Date, time and location of the incident
- Description of the incident, including words, gestures
- Names of witnesses to incident
This information will help with any of the resolution methods described.
Informal Resolution
Those who feel they have been the target of offensive behaviour, are encouraged as an initial step to raise their concern with the offender either in person, by phone or in writing. This step is only suggested if the employee feels comfortable to do so. Senior Management, the Human Resources Consultant, or HSR can support the Complainant to prepare for this conversation and can act as an informal mediator for both parties.
Often times, the person may not be aware that their behaviour is offensive and unwelcome. A clear message to them may stop the behaviour and no further intervention required. If the behaviour does not stop, you are asked to bring your complaint forward to initiate a formal resolution.
Formal Complaint
A formal complaint may be initiated in the following ways:
- If you do not feel comfortable for any reason please contact Brittany Barratt, Director by email: info@reboundtotalhealth.ca or by phone #289 204 6393 to begin the process.
- Completing the Violence, Harassment and Discrimination Complaint Form
- Filing a grievance, as applicable under a relevant Collective Agreement
- Filing a complaint to the Provincial Human Rights Tribunal, for incidents which are covered under the Provincial Human Rights Code
Once the Director is notified of a complaint the Investigator(s) will be notified. Results of the investigation will be forwarded to the Director and/or Human Resources Consultant for resolution and outcome. Employees/contractors may choose not to pursue a complaint, however should be aware that once the organization is aware of the incident, it may be necessary to proceed with an investigation and take appropriate action.
Formal complaints should be made as soon as possible after the date of the alleged incident. This will allow for proper investigation while evidence is still fresh in the minds of witnesses and to ensure timely action occurs.
A Complainant may initiate a grievance, a complaint to the Ontario Human Rights Commission, or seek outside legal assistance at their own expense at any time during this internal process. Subsequent complaints on the same manner made to another party, may however be held without action pending the outcome of the first investigation. Acts of criminal harassment such as stalking, threats, sexual or physical assault are addressed through the Workplace Violence Policy and the Criminal Code and may be supported by the local Police.
Complaints may be refused prior to the investigation stage and no further action taken in the following circumstances:
- the complaint has been viewed to be trivial, frivolous or malicious
- an investigation regarding the same incident has already been initiated by another party
- the alleged incident does not comply with the definition of harassment and discrimination under this Policy
The Investigator(s) will lead a fact-finding investigation, informing the immediate supervisor/manager of the Complainant and Respondent. Rebound Total Health requires that all parties involved cooperate completely with the investigation. The Investigator(s) will complete the Violence, Harassment & Discrimination Investigation Report and interviews will occur as follows:
- Complainant - to discuss, confirm and formally document details of the incident(s)
- Respondent – to inform of the concern and receive their response to the allegations
- Witnesses – may include those with direct observations of the incident or those with historical information – to provide additional accounts of the incident or surrounding dynamics
- Interview subjects may be accompanied by a person of their choice for moral support during any step of the investigation. Interviewees will be asked to review meeting notes and sign them to indicate their accuracy.
- Upon completion of the investigation, the Investigator(s) will review all evidence collected and examine the “balance of probabilities” as standard of proof to determine whether the Policy has been contravened.
- The Investigator(s) will meet individually with the Complainant and Respondent to share preliminary findings of the investigation. At that time, both parties will be afforded an opportunity to provide any additional information they feel may be relevant to the final outcome of the investigation. The Investigator(s) may determine that additional investigation is required; and will inform the Human Resources Consultant accordingly.
- The Investigator(s) will provide a detailed report to the Director and the Human Resources Consultant with a final determination of findings. The Human Resources Consultant may seek advice from legal counsel, or the Ontario Human Rights Commission, as required.
- The Human Resources Consultant and Investigator(s) may meet with the Director to review the findings of the investigation if appropriate. The Human Resources Consultant will work collaboratively with the Director in determining the outcome of the investigation and implementation plan.
Outcomes and resolutions may include but not be limited to:
- Education to an individual and/or group
- Mediation
- Review and modification of workplace policies, procedures and practices
- Discipline including, but not limited to, a reprimand, suspension, demotion, transfer, termination of employment
The Employee that was allegedly harassed will be informed in writing about the results of the investigation and of any corrective action that has been or that will be taken as a result of the investigation. This information will also be provided to the alleged harasser who works for the Company. The purpose of this is to ensure that these specific workers are aware of what has happened as a result of the incident or complaint and the investigation into that incident or complaint.
The results are meant to be a summary document, outlining the findings of the investigation. If the investigation concluded that workplace harassment occurred, information about corrective actions taken must be included.
A plan to monitor the behaviour of individuals and dynamics of the group impacted will be developed by the Investigator(s) and Management to follow up periodically six months after the conclusion of the investigation. This measure is set to guard against potential retaliation, prevent future issues and evaluate the effectiveness of resolution strategies.
Malicious Complaints
Complaints determined as malicious will be considered a contravention of this Policy. The resolution and outcomes will focus appropriate disciplinary action toward the original Complainant, up to and including termination of employment.
Trivial or Frivolous Complaints
A repeated pattern of trivial or frivolous claims by the same complainant may result in disciplinary action.
Retaliation
Retaliation or threats to that effect, toward anyone involved in a complaint investigation is viewed as a violation of this Policy. Investigation of such behaviour will occur, and appropriate disciplinary action taken, up to and including termination of employment.
Confidentiality
All information related to a complaint and investigation is confidential. Anyone involved in an investigation shall not disclose information, except as required by this procedure and will be required to sign a confidentiality statement. Anyone who breaches confidentiality of any part of a complaint will be subject to discipline, up to and including termination of employment.
Records Retention
All records related to meetings, interviews or any part of the investigation will be treated as confidential and not be disclosed, except as required by law. Documentation related to the investigation will be retained in the employees/contractors file for a period of no less than of seven years from the conclusion of the investigation. Records may be subject to release under Protection of Privacy Act or legal proceedings. Copies of any disciplinary action will also be placed in the employee’s file.
Information and Training
Rebound Total Health will ensure all employees/contractors and consultants, including full-time, part-time, casual or temporary employees have read this Policy and make it readily available for reference. New employees/contractors will be provided with the Policy upon hire. Training to enhance understanding of, how to prevent and respond to Harassment and Discrimination will be conducted with all employees every three years. More frequent or additional training may be requested or directed to individuals or groups as required.
Contact Information
Complaints regarding the harassment may be made in person, by telephone, through email, or by other means as required.
Complaints in person, by telephone or through email should be directed to:
Brittany Barratt, Director
Rebound Total Health
Email: info@reboundtotalhealth.ca
Phone: 289 204 6393
Questions about this Policy
If anyone has questions about the policy, or if the purpose of the policy is not understood, an explanation should be provided by or referred to the Director.
This policy will be posted on the Company’s Health & Safety board in all locations.
This policy will be reviewed annually.
Hazard ReportingWhat Is A “Hazard”?
For the purposes of this policy, a “hazard” is any practice, behaviour, condition or circumstance or combination of these that could cause injury or illness to people or damage to property, such as completing dangerous work without adequate training, defective machinery and defective safety equipment, or a near miss.
A “near miss” is any unplanned event or incident that has the potential to cause but does not actually result in an injury to a worker, or that does not actually cause environmental or equipment damage, or an interruption to normal operations.
Procedure for Reporting Hazards and Unsafe Conditions
WorkersAll hazards encountered by a worker must be reported to the Director immediately. The worker must then:
- Fill out the Appendix G:Hazard Report Form found in the appendix, along with a supervisor or a member of management; and
- Immediately submit the completed hazard reporting form to management.
Upon receiving a completed hazard reporting form, or upon becoming aware of a workplace hazard, whether reported or not, supervisors and members of management must:
- Complete the second part of the hazard reporting form within 24 hours of receiving it;
- Make recommendations regarding how to control the hazard and establish an action plan for carrying out those recommendations;
- Assign a member of management, or a supervisor, or both, to implement the action plan and to ensure that the hazard is rectified;
- Confirm completion and execution of the action plan;
- File and maintain a record of the hazard report;
- If applicable, submit the completed hazard report form and action plan to the Director and to the HSR or to a health and safety representative, as the case may be (if applicable); and
- Advise the worker who reported the hazard of the outcome of the report and action plan.
If applicable, the Company’s Health & Safety Representative will monitor incidents of hazard reporting and make any recommendations to management that are deemed necessary.
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1Appendices
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2Appendix A – Accident, Injury, Incident, Near Miss Report Form
EMPLOYEE INFORMATION ☐Lost Time ☐No Lost Time ☐Modified Duties Required Employee Name: Date form completed: Date of Birth (MM/DD/YY) Job Title: Home/cell number: Address: City and Province of Residence ACCIDENT INFORMATION Date of Accident/Incident: MM/DD/YY Time of Accident/Incident: AM/PM Hours worked the day of the accident/incident: AM/PM to AM/PM Who was the accident/incident reported to and job title? When was the accident/incident reported? (MM/DD/YY) and time AM/PM If there was a delay in reporting, please explain why Location of Incident Nature of the incident (please check one) Type of incident (please check one) ☐ Gradually occurring over time
☐ Sudden specific event/ occurrence
☐ Occupational illness
☐ Fatality
☐ No Injury/Hazard
☐ First Aid/medical attention
☐ Lost Time
☐ Non-Lost Time
☐ Other (specify):☐ Struck/caught
☐ Overexertion
☐ Repetition
☐ Assault
☐ Slip/trip
☐ Fall from heights
☐ Cut
☐ Sprain/Strain
☐ Other (specify):Name of Witnesses Witness phone number/email address Witness #1: Witness #2: Witness #3: Witness #4: Witness #5: INJURY DETAILS If applicable, please indicate which area of your body was injured. Additional details: MEDICAL ATTENTION Was first aid treatment given? Name of first aid attendant Yes ☐ No ☐ Details of first aid given PROFESSIONAL MEDICAL TREATMENT Was the injuried person taken to the hospital/medical center? Was the person treated by a physician? Yes ☐ No ☐ Yes ☐ No ☐ If yes, please provide the following information: If yes, please provide the following information: Name of hospital/medical center:
Address:
Mode of transportation (ambulance, own vehicle, Uber etc.)Name of physician:
Address:
Treatment/care received:LOST TIME/MODIFIED DUTIES Will the employee lose time beyond the day of the injury? ☐ Yes ☐ No
If no lost time, will they be assuming modified duties? ☐ Yes ☐ No
Is there are return to work plan in place? ☐ Yes ☐ No- If yes, please attach it to this form.
If the person did miss work, please provide the following information: How many missed days of work? When is the anticipated return to work date for the injured person? MM/DD/YY DESCRIPTION OF THE ACCIDENT/INJURY/INCIDENT Describe in detail, what happened to cause the accident/incident. Describe what you/the worker was doing, including details about weights, unusual activities, awkward positions, and tools, equipment, materials being used, location and other people involved and witnesses. Attach pictures or any additional details, as necessary. SUPERVISOR’S FOLLOW-UP
(To Be Completed Immediately)What actions have been taken to prevent further occurrences? The accident as described is accurate: ☐ Yes ☐ No
(To be completed by the employee)
___________________________________ ________________________________
Employee’s SignatureDate
___________________________________ _________________________________
HSR NameDate
____________________________________
HSR Signature
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3Appendix B - Accident, Injury, Incident, Near Miss Witness Statement Form
WITNESS STATEMENT FORM Witness name Address Date of Birth (MM/DD/YY) Job title/occupation Phone number Email address Name of Witness’ Employer Witness’ Employer’s contact information Details of the accident, incident or near miss (write on reverse or attach additional information if necessary)
(Explain what you personally witnessed and heard. Please do not provide opinion or speculate).DECLARATION Name of Witness Signature Date (MM/DD/YY) I confirm that the information in this report is true and accurate to the best of my knowledge -
4Appendix C – Early and Safe Return to Work Package
MODIFIED/ALTERNATIVE WORK OFFER Name of Worker Department Position Work location Date that suitable work is available
(MM/DD/YY)Date on which Functional Abilities Form/Modified Duties form was completed (attach a copy) (MM/DD/YY) Nature of the worker’s injury Back ☐ Neck ☐ Shoulder ☐ Upper Extremity ☐ Lower Extremity ☐ Other ☐
(specify):Describe the suitable alternative work (Provide a detailed description) SIGN OFF Employee’s signature Date Supervisor’s signature Date FOR HR/MANAGEMENT USE ONLY Copy Faxed to the WSIB/WCB?
(if applicable)Yes ☐ No ☐ If “no”, why? Copy Sent to Worker by Courier? Yes ☐ No ☐ If “no”, why? MODIFIED/ALTERNATIVE WORK JOURNAL (To be completed by the worker’s supervisor weekly) Name of injured worker Duration of modified work plan Number of days:
Number of weeks:
Number of months:Injured worker’s pre-injury job title Injured worker’s regular pre-injury working hours Injured worker’s modified work title Modified work start date (MM/DD/YY) Name of supervisor Job title of supervisor Additional details, comments, and job description: JOURNAL DETAILS Day Scheduled Hours Hours Worked Comments or Concerns Monday Tuesday Wednesday Thursday Friday Saturday Sunday Total Hours Difference Start Date
(DD/MM/YY)End Date (DD/MM/YY) Employee’s Signature Date (DD/MM/YY) Supervisor’s Signature Date (DD/MM/YY) -
5Appendix D – Health & Safety and Workplace Violence Risk Assessment Checklist
Date Assessment Performed: ____________________________________
Performed by:
This checklist is designed to identify risks (things, conditions, operations, and situations) found in your workplace, that may expose a worker to workplace violence. Please check ☐ Yes ☐ No, and insert comments or additional information where required.
Outside the Building- Is the parking area secured? ☐ Yes ☐ No
- Is the parking area well lit? ☐ Yes ☐ No
- Is the building front entrance well lit?☐ Yes ☐ No
- Is the building back entrance well lit?☐ Yes ☐ No
- Is the building side entrance well lit?☐ Yes ☐ No
- Is access to the property controlled? ☐ Yes ☐ No
- Is access to the building controlled?☐ Yes ☐ No
- Is the building shared with other businesses?☐ Yes ☐ No
- If yes, is access to the workplace controlled? ☐ Yes ☐ No
- Are there any broken windows, damaged locks, burnt out light-bulbs that require repair or replacement? ☐ Yes ☐ No
- If yes, describe:
- Are there any other potential risks outside the building? ☐ Yes ☐ No
Reception Area - Is there a clearly marked reception area? ☐ Yes ☐ No
- Is reception visible and easy to access? ☐ Yes ☐ No
- Are visitors required to go to reception before they can enter the workplace? ☐ Yes ☐ No Can the Receptionist clearly see people entering and exiting the workplace? ☐ Yes ☐ No
- Is the reception area staffed at all times? ☐ Yes ☐ No
- Can outsiders enter the workplace if the Receptionist is not present? ☐ Yes ☐ No
- Do you have a policy for receiving, escorting, and identifying visitors? ☐ Yes ☐ No
- Does the reception area serve as a screening area for visitors? ☐ Yes ☐ No
- Does the Receptionist sometimes work alone? ☐ Yes ☐ No
- Does the reception area have an emergency call button or other emergency procedure? ☐ Yes ☐ No
- If yes, describe:
- Is there a response protocol for when the emergency call button or emergency procedure is activated? ☐ Yes ☐ No
- Are there any other potential risks in the reception area? ☐ Yes ☐ No
- Are all fire extinguishers within the expiry date with the pin in?☐ Yes ☐ No
- Fire exits clear, and signage well lit and visible? ☐ Yes ☐ No
- First Aid Kits are full stocked? ☐ Yes ☐ No
- Does your workplace have a security system? ☐ Yes ☐ No
- If yes, is it activated and working? ☐ Yes ☐ No
- Is the system regularly tested?☐ Yes ☐ No
- If yes, how often:
- Are signs posted indicating that a security system is in place? ☐ Yes ☐ No
- Is access to your workplace controlled? (e.g., cards, keys, pass codes, etc.) ☐ Yes ☐ No
- If yes, please describe: ____________________________________________
- Is there a system for recording the names of individuals with access to the workplace? ☐ Yes ☐ No
- Are locks and codes changed immediately if there is a lost key or card? ☐ Yes ☐ No
- Does the building have security guards or safe walking services? ☐ Yes ☐ No
- Is confidential information stored in a controlled or secured manner? This includes: employees/contractors’ personal information (addresses, bank accounts, dependents, etc), company’s proprietary information (banking information, industrial designs, trade secrets, etc.), and customer information (contact information, banking information, etc.)☐ Yes ☐ No
- Are there any other potential risks inside the workplace? ☐ Yes ☐ No
Workplace Background
Describe the general activities and functions performed by all employees/contractors with focus on: - The potential for physical contact with other workers or clients
- Dealing with clients, the public, contractors, couriers
- The frequency and need to communicate negative information (e.g. policy rate changes, coverage changes)
- The frequency and need for workers to work alone or outside of regular business hours
- The frequency and need to travel among different locations or worksites or visit clients in other locations
- The need to handle, carry or store cash or other valuables
- Any other potential risks
History of Workplace Violence - Have workers reported any incidents or threats of workplace violence or are any such incidents or threats known to have occurred either in this location or at other brokerages that you are aware of? ☐ Yes ☐ No
- If yes, please describe the incident or threat including details about location, when this occurred, identity of assailant, nature of the incident, the severity, and the events that led up to the incident. Also, what steps (if any) were taken:
- Were there any environmental or situational factors that contributed to the violent incident?
- If yes, please describe the incident or threat including details about location, when this occurred, identity of assailant, nature of the incident, the severity, and the events that led up to the incident. Also, what steps (if any) were taken:
- Are any incidents or threats of workplace violence known to have been reported or occurred at nearby workplaces or similar workplaces that you are aware of? ☐ Yes ☐ No
- If yes, please describe:
- If yes, please describe:
- Are there any other potential risks based on the history of this workplace? ☐ Yes ☐ No
Activity Risk Analysis - Do workers work with money or other valuables? ☐ Yes ☐ No
- If yes, do they work with money or other valuables in a public area? ☐ Yes ☐ No
- Are there security measures in place to protect these workers? (e.g., security guards, emergency call buttons, cameras, etc.) ☐ Yes ☐ No
- If yes, describe:
- Do workers interact with individuals who are not employed or contracted by the company? ☐ Yes ☐ No
- If yes, to what extent is this interaction and what is the nature of the contact?
- If yes, to what extent is this interaction and what is the nature of the contact?
- Do workers interact with distressed or highly emotional people? ☐ Yes ☐ No
- If yes, to what extent is this interaction and what is the nature of the contact?
- If yes, to what extent is this interaction and what is the nature of the contact?
- Do workers supervise other individuals and/or make decisions (e.g., disciplinary decisions, deny requests, etc.) that adversely affect other individuals (e.g. other workers, clients, couriers, etc.)? ☐ Yes ☐ No
- If yes, please describe:
- Do workers perform functions that may elicit a negative or confrontational response? (e.g. inform customers of claim denials and/or rate increases) ☐ Yes ☐ No
- If yes, please describe:
- What safeguards have been implemented to protect workers who work alone? (e.g., back-up assistance availability, check-in system, etc.)
- Does your workplace have policies to reduce the risk of workplace violence? ☐ Yes ☐ No
- Please describe:
- Are there any other potential risks based on the specific activities in this workplace? ☐ Yes ☐No
Identify and prioritize any further safety measures recommended:
Appendix D - Health & Safety and Workplace Violence Risk Assessment Hazard/Risk/Action Table
Date: Location:
Performed by:
Hazard Degree of Risk (High/Moderate/Low) Actions Status Date Completed/Target - (Sample) Reception is isolated from other workers
(Sample)
Moderate(Sample options) - Communication devices readily available
- Emergency call button within reach
- Change design of work spaces (if possible)
(Sample) - Complete
- In progress
- Not applicable
(Sample) - June 15, 2021
- August 20, 2021
- N/A
Hazard Degree of Risk (High/Moderate/Low) Actions Status Date Completed/Target *Review on a quarterly basis
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6Appendix E – Workplace Violence, Harassment or Discrimination Complaint Form
To be completed by the Employee submitting the complaint.
Name of Complainant Position Department Phone Number Email Date Please check all that apply to you ☐ Victim ☐ Witness ☐ Supervisor / Manager
☐ Other __________________________________Date(s) of alleged incidents (DD/MM/YY) Names of alleged perpetrator(s) Name(s) of alleged victims(s)
(if different from complainant)Type of alleged incident (check all that apply) ☐Workplace Violence ☐Domestic Violence ☐Racial Harassment ☐Sexual Harassment ☐Workplace Harassment ☐Discrimination ☐Gender Harassment ☐Workplace Bullying
☐Other _______________________________Location(s) of Alleged Incident Please provide a description of the incident(s) in question, and stick to the facts: Who? What? Where? When? Why? How? (attach additional pages if necessary, including any pictures, emails, etc. that provide evidence) Names of witnesses: Witness phone number/email address Witness #1: Witness #2: Witness #3: Witness #4: DECLARATIONS Name of person submitting the report Signature Date (MM/DD/YY) I confirm that the information in this report is true and accurate to the best of my knowledge -
7Appendix F - Violence, Harassment and Discrimination Investigation Report
Name of Investigator: ___________________________
Date of Investigation: ___________________________
A. Investigation PlanPlan and conduct the investigation:
- Obtain the worker(s) concerns of violence or harassment in writing, if possible. Assistance should be provided in completing the form where necessary.
- The investigator needs to interview the employee who allegedly experienced violence or harassment and the alleged aggressor (if an employee of Rebound Total Health,). If the alleged aggressor is not an employee of Rebound Total Health the investigator should make reasonable efforts to interview him or her.
- Make a list of possible relevant witnesses. The employee who allegedly experienced violence or harassment and the alleged aggressor should be asked for names of any relevant witnesses.
- Interview relevant witnesses. Ask specific questions about what they have observed, are aware of or have personally experienced. If the witnesses are not employees of Rebound Total Health, the investigator should make reasonable efforts to interview those witnesses.
- Collect and review relevant documents from the employee, alleged aggressor, and witnesses.
- Take detailed notes.
- Keep the investigation confidential. Instruct the employee who allegedly experienced harassment, discrimination or violence, as well as the alleged aggressor and witnesses not to talk to others about the investigation unless it is necessary, for instance, to obtain advice or counselling.
Who are the people involved? Are they workers as defined by Occupational Health and Safety Act (OHSA)? Who reported and when?
- Name of person who reported workplace violence, harassment or discrimination:
______________________________________________
- If not the same person as above, name of person who allegedly experienced workplace violence, harassment or discrimination:
______________________________________________ - Name of employees/contractors(s) (complaining or possibly exposed to harassment/violence/discrimination):
#1 – Name/Contact Position Company #2 - Name/Contact Position Company #3 - Name/Contact Position Company - Name of respondent(s) (alleged aggressor):
Name/Contact Position Company - If not an employee – provide details
C. Employee(s) Concerns/Harassment, Discrimination or Violence AllegationsName/Contact Position Company When did the incident(s) occur? Confirm date of first incident and any subsequent behaviours or conduct. Note that recalling events of harassment, discrimination or violence can be stressful for the complainant.
Date, time & location of 1st incident: _____________________________________
Date, time & location last incident: _______________________________________
Date, time & location other incident(s):
D. Alleged Aggressor(s) ResponseThe alleged aggressor(s) will likely need details of the allegation of harassment, discrimination or violence to be able to respond.
Take detailed notes of the alleged aggressor’s interpretation of the incident and attach the notes to this report.
E. Interview Relevant WitnessesList witnesses. Interview relevant witnesses and make notes.
Witness #1 - Name/Contact Position Company Witness #2 - Name/Contact Position Company Witness #3 - Name/Contact Position Company
F. Collected documentationWitness #4 - Name/Contact Position Company The first page attached to this report should be a list of the documents collected for the investigation and how, from whom, and when they were obtained.
G. Investigation Result(s)The investigator’s summary report should set out who was interviewed, what evidence was obtained and an analysis of the evidence to determine whether harassment, discrimination or violence has occurred.
Summary of key evidence: (Attached)
Recommended next steps: Final page of attached documents
Report provided to:___________________________
Copy of reports to:____________________________
____________________________
________________________
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8Appendix G- Hazard Reporting Form
CONTACT DETAILS Business name: Name of reporting person: Business Address: Address of Reporting Person: Business phone number: Reporting person’s phone number: Business’s contact person: Status (select one):
Employee ☐ Customer ☐ Contractor ☐
Visitor ☐ Other (specify):Contact person’s phone number: Job title (if applicable) HAZARD DETAILS Date on which the hazard was noticed: Time: Was the hazard previously reported?
☐ Yes ☐ NoIf so, to whom?
☐ Supervisor ☐ HSR/HSR
☐ Other (specify):Names of witnesses: Witness phone number/email address Witness #1: Witness #2: Witness #3: Witness #4: HAZARD DESCRIPTION Describe the hazard in detail. Include information about the specific location of the hazard, equipment, machines, materials, tools, and the people involved and what injury or damage could occur. Include/attach pictures if possible. SUGGESTED CORRECTION Please describe in detail how the hazard can be removed, or the risk of injury or damage can be reduced. DECLARATIONS Name of person reporting the hazard Signature Date (MM/DD/YY) I confirm that the information in this report is true and accurate to the best of my knowledge Name of person accepting the report Signature Date (MM/DD/YY) -
9Appendix H – Workplace Refusals Reporting Form
INVESTIGATION DETAILS Name of investigator: Date investigation started (MM/DD/YY) Job title: Date investigation completed (MM/DD/YY) Please describe in detail the steps that you took to investigate the worker’s work assignment, including the names and contact information or any other individuals or witnesses. Determination: Work is safe ☐ Work is unsafe ☐ Provide a detailed summary of your findings, including an explanation as to how you determined that the work in question is safe or unsafe: Investigation results were reported to worker? If “no”, explain why not. Yes ☐ No ☐ If the work was determined to be unsafe, please provide a detailed explanation of the steps being taken to modify the work so that it is safe. Did the worker accept the work as modified? If not, explain why. DECLARATIONS Name of investigating person Signature Date (MM/DD/YY) I confirm that the information in this report is true and accurate to the best of my knowledge -
10Appendix I – Emergency Contact Form
EMERGENCY CONTACT INFORMATION
Services or organization Contact information Local police department or division: 911 or Local fire department: 911 or Nearest hospital (including address): Landlord or property manager (if applicable): Poison control: 416-813-5900 Ministry of Labour: 905-273-7800 Office team Contact information HSR worker member(s) (if applicable): Trained first aid personnel: Fire warden: Other: Address/location of designated meeting area Contact person and mobile number