DND’s Workplace Harassment and Violence Prevention (WHVP) Program Training Addendum

• What is the Department of National Defence WHVP program?
  • Who does it apply to?
  • What are the differences in the two reporting approaches?
• What is Workplace Harassment and Violence (WHV)?
  • Examples of WHV
• How do we prevent WHV?
• What are the different roles within WHVP?
• What is the WHVP reporting process?
• Where do I find more information?

What is the Department of National Defence’s WHVP program?

The Department of National Defence has a robust Workplace Harassment and Violence Prevention (WHVP) safety program.

The functional Authority for the WHVP program lies with The Chief of Professional Conduct and Culture (CPCC). The program is administered under the Director General Conflict Solutions and Services (DGCSS) through the WHVP Center of Expertise.

The WHVP Program consists of three main components:

• prevent;
• respond; and
• support.

Who does the WHVP program apply to?

Prevention – Applies to the entire Defence Team and is outlined in the following DAOD and policy manual:

• DAOD 5014-0, Workplace Harassment and Violence Prevention; and
• ISBN 978-0-660-47829-6/30-2 , Workplace Harassment and Violence Prevention Policy Manual.

Reporting - The above documents also apply to the reporting process, unless it involves CAF members only; that is, where the two parties to an occurrence or complaint are both CAF members. The following policy and instructions will apply to the complaint and investigation processes in this case:

• DAOD 5012-0, Harassment Prevention and Resolution; and
• A-PM-007-000/FP-001, Harassment Prevention and Resolution Instructions.

One Workplace – Two Reporting Approaches: What are the differences?

DAOD 5012-0 Definitions Applies to CAF/CAF situations

Complaint

An incident of harassment and violence in the workplace

Notice of Dissatisfaction

Is submitted to the Responsible Officer/Unit HA for review.

Complainant

Is a CAF member who submits a harassment complaint.

Respondent

Is a CAF member against whom a harassment complaint has been filed.

Witness

A person who witnesses an incident occur and may be called upon as a witness in an investigation.

DAOD 5014-0 Definitions Applies to all other situations including PSE/CAF occurrences

Occurrence

An occurrence of harassment and violence in the workplace.

Notice of Occurrence

Is submitted in writing or verbally either through reporting the occurrence to the supervisor/manager
or Designated Recipient (DR) (a neutral unit within DGCSS)

Principal party

Is an employee or employer who submits a Notice of Occurrence.

Responding party

Is the person who is alleged to have been responsible for the occurrence in the Notice of Occurrence.

Witness

A person who witnesses an occurrence or was informed of an occurrence by the principal party or responding party (this could be a supervisor, manager or co-worker).

Note: For the purpose of this addendum, we will mainly be looking at the DND-specific program items as outlined in DAOD 5014-0, Workplace Harassment and Violence Prevention and its accompanying policy manual.

What is Workplace Harassment and Violence?

Harassment and violence may appear to be minor or present itself as a conflict, however if not addressed it can escalate and cause more harm. As such, the definition has been broadened to support this notion.

Examples of Workplace Harassment and Violence

Note: This table provides examples of inappropriate behaviours and is not meant to be exhaustive. While these behaviours may be perpetrated by subordinates, peers, or superiors, behaviours listed under abuse of authority and discrimination are more likely to be perpetrated by superiors.

Psychological aggression	Physical aggression	Abuse of authority	Online behaviour	Criminal behaviourFootnote 1	DiscriminationFootnote 2
Making inappropriate facial gestures at someone (e.g., rolling your eyes) or laughing at someone.Footnote 3 Ignoring or ostracizing someone (e.g., not inviting a team member to a team lunch). Being disrespectful to someone (e.g., purposefully misusing their pronouns or mispronouncing their name). Coercing someone to engage in a ceremony or event (e.g., initiation rite) that demeans, belittles, or causes them personal humiliation. Speaking to someone in a condescending, degrading, or abusive manner (e.g., using racial slurs). Making inappropriate sexual or non-sexual comments (e.g., making fun of someone’s gender identity or sexual orientation).	Engaging in behaviour that does not involve physical contact (e.g., banging on a table, throwing an object). Standing over someone or invading their personal space. Engaging in behaviour that involves physical contact (e.g., spitting at someone, pushing someone). Threatening to hurt someone (e.g., “I would like to hit you right now”). Threatening to damage someone’s property. Making inappropriate sexual gestures (e.g., gyrating in a suggestive manner).	Withholding information from someone who needs it to perform their work. Asking subordinates to take on personal errands. Engaging in favouritism/disfavouritism. Belittling someone’s work. Taking advantage of a position of authority to exploit, intimidate, blackmail, threaten, or mistreat someone. Misusing power or authority to interfere with or influence someone’s career.	Purposefully leaving someone out of group emails who should be included. Cc’ing others when pointing out someone's mistakes. Posting defamatory material about someone online. Being hostile towards someone online through words or pictures. Sharing material about someone online without consent. Making online threats to someone.	Damaging someone’s property. Engaging in voyeurism. Sharing intimate photos of someone without consent. Stalking someone or making death threats to someone. Physical (e.g., hitting) or sexual (e.g., unwanted sexual touching) assault. Hate crimes.	Denying someone a promotion despite their qualifications. Refusing someone a reasonable accommodation. Denying someone training opportunities or limiting their training opportunities. Denying someone a transfer. Denying someone a posting. Providing someone with an unfair performance evaluation.

How do we prevent workplace harassment and violence?

The WHVP Program focuses on prevention by using a multifaceted approach through training, workplace assessments and resolution.

Mandatory Training

Along with this DND specific training, mandatory training on the prevention of harassment and violence in the workplace is available through GC Campus for all Defence Team members (PSE and CAF) must be completed within the first three months of employment and at least once every three years:

All CAF and PSE are required to complete:

• Preventing Harassment and Violence Prevention in the Workplace for Employees (WMT101)

All PSE and CAF supervisors/CoC, Workplace Health and Safety Committee members, and Health and Safety representatives are required to complete (note: WMT101 is a prerequisite):

• Preventing Harassment and Violence in the Workplace for Managers and Health and Safety Committees (WMT102)

Designated Recipients (DR) and Harassment and Violence Specialists are required to complete:

• Preventing Harassment and Violence in the Workplace for Designated Recipients (WMT103)

WHVP Workplace Assessment

- joint mandatory assessment of risk factors and preventive measures

The purpose of the WHVP workplace assessment is to assess a workplace for WHV identified risk factors and corresponding preventive measures and make changes to or implement preventive measures, as needed.

WHVP workplace assessments are mandatory for all workplaces within the DND/CAF and must be jointly completed and reviewed by CoC in collaboration with the local health and safety committee or the health and safety representative (if no committee exists). WHVP workplace assessment form part of a unit’s overall Hazard Prevention Program.

WHVP Workplace Assessment – required reviews

WHVP assessments are to be reviewed to ensure preventive measures are effective every three years and whenever the following apply/occur:

• There are changes to the risk factors within the organization that may warrant a reassessment;
• An occurrence is not resolved through the negotiated resolution process and the PP decides to end the resolution process;
• There is a change that compromises the effectiveness of a preventive measure developed and implemented;
• The RP is not a member of the Defence Team;
• A NoO was submitted anonymously; or
• A WHVP investigation recommends changes.

WHVP Workplace Assessment - guide

The WHVP Assessment Guide provides detailed guidance to assist employers and health and safety committees in completing workplace assessments along with possible preventive measures, training and resources for risk factors. It may not include all the specific risks for each workplace.

For any additional risks the workplace identifies that are not captured in assessment guide, the workplace is required to amend their WHVP assessment so that the additional risk(s) and preventive measure(s) are recorded as part of the assessment.

Note: WHVP assessment shall be documented and recorded in the health and safety committee
minutes and be made available to the workplace.

Resolution

The resolution process contributes to the prevention of WHV by allowing employees to identify WHV risks directly to their supervisor/CoC. Resolution consist of negotiated resolution, conciliation and/or investigation, as required:

• Long description of graph

  Negotiated Resolution, Conciliation, and Prevention Investigation are all possible within the Resolution process.

  • Negotiated Resolution – The principle party discusses with the employer or designated recipient (and responding party if desired)
  • Conciliation – By mutual agreement, the principal party and responding party enter into conciliation
  • Prevention Investigation – The principal party requests a prevention investigation.

The principal party is at the heart of the solution at all times.

Resolution

Negotiated resolution – the employee and the supervisor/CoC work collaboratively to identify preventive measures which can resolve and prevent further occurrences of WHV.

Negotiated Resolution is an opportunity to:	Negotiated Resolution is NOT an opportunity to:
Share harassment and or violence experience and impact	Accuse, confront or discipline
Share tangible measures that can be implemented to resolve and prevent further occurrences	Make a request that does not fall in line with responding or preventing the occurrence
Negotiate a resolution in a unified way	Make orders through confrontation
Respond and prevent harassment and violence in the workplace	Resolve other issues Ex: classification issues, collective agreement, letter of expectations, performance management, etc.
An opportunity to restore and mend the relationship between parties involved	An opportunity to make unreasonable requests

Note: negotiated resolution must be initiated within 45 days of receiving a Notice of Occurrence

Conciliation – the PP and RP mutually agree to try and find a solution in order to prevent further occurrences.

* The supervisor/manager or the designated recipient must contact the ADR services of the DG Conflict Solutions and Services.

WHVP investigation - offers a report with recommendations to prevent similar occurrence from occurring. The CoC and the WHSC will jointly determine which recommendations are to be implemented. The resolution process always involves the supervisor/CoC in the process of prevention by identifying risks and preventive measures within their workplace and acts as a feedback loop regarding the health and safety of its employees.

*All prevention investigation requests must come through the WHVP Centre of Expertise

What are the different roles within WHVP Program?

Everyone has a role to play in the workplace harassment and violence prevention program which are outlined in the DND WHVP Policy Manual.

The following are a few of the roles and responsibilities within the program that we will look at:

• DND employees/CAF member;
• Commanding Officers/Chains of Command/ managers and supervisors;
• Health and Safety Committees; and
• Designated Recipient.

What role do DND Employees and CAF members have?

(Including Principal Party, Responding Party and witnesses)

• Complete mandatory training as defined in WHVP policy.
• Respect and adhere to the expected behaviours found in the DND and CF Code of Values and Ethics.
• Report occurrences of workplace harassment and violence, experienced or observed.
• Report risk factors that may contribute to workplace harassment and violence to the employer.
• Co-operate in the resolution of workplace harassment and violence occurrences.
• Respect the confidentiality of the information shared throughout the resolution process of an occurrence.
• Refrain from real or perceived retaliatory behaviour against the PP, RP, witnesses, and any other individuals involved in the resolution process of an occurrence.

What role do Commanding Officers/Chains of Command/ managers and supervisors have?

• Establish WHVP activities within their organization that are consistent with the WHVP Program as outlined in the DAOD 5014-0 and the policy manual.
• Promote the prevention of harassment and violence in their organizations and implement measures to minimise risk of incidents occurring.
• Work jointly with the Workplace Health and Safety Committees or Health and Safety Representatives to develop, monitor and update workplace assessments and implement investigation report recommendations.
• Advise the WHVP CoE within seven consecutive days when a NoO is received within their area of responsibility.
• Respect the confidentiality of the information shared throughout the resolution process of an occurrence. The disclosure of information about the occurrence must be in keeping with the need-to- know principle.
• Make every reasonable effort to resolve an occurrence of harassment and violence through negotiated resolution.
• Implement preventive measures derived from negotiated resolution and conciliation as well as any additional preventive measures warranted.
• Cooperate with an investigator and the investigation process.
• Support employees affected by workplace harassment and violence.

What role do Health and Safety Committees have?

Safety Committees play an import role in the WHVP program at both the national and local level.

At the national level the National Health and Safety Policy Committee (NHSPC) jointly identifies risk factors that contribute to workplace harassment and violence and jointly develops DND’s WHVP policy.

Local Workplace Health and Safety Committees (WHSC) or Health and Safety Representatives jointly participate in workplace WHVP assessments and make recommendations to the CoC on preventive measures.

What role does the Designated Recipient (DR) have?

The DR is a team of impartial and highly skilled individuals who can receive and respond to Notices of Occurrences within DND. They do the following:

• Respond to all NoO within seven days of receiving the notice;
• Ensure that the parties are aware of their rights and obligations in the resolution process;
• Initiate negotiated resolution with the PP within 45 days after the day on which the NoO is received;
• Conduct a review of every NoO with the PP against the definition of harassment and violence;
• Make every reasonable effort to resolve an occurrence of harassment and violence for which a NoO is submitted;
• Give the principal and responding parties the option of voluntarily participating in conciliation/Alternative Dispute Resolution (ADR) and agree on the assigned facilitator; and
• Provide notice of investigation to the principal and responding parties if an investigation is requested by the PP.

How to report workplace harassment and violence?

Defence Team members who have experienced harassment and violence in the workplace, or who witness someone being subjected to harassment and violence, are encouraged to report it as soon as possible. Harassment and violence in the workplace can be reported by submitting a NoO in one of three ways:

• To the supervisor/CoC verbally, or in writing by submitting the Notice of Occurrence;
• To the DR verbally by calling 1-833-451-1604 for a secure voicemail box or in writing by submitting the Notice of Occurrence to the following email address; or
• Anonymously to the DR by submitting the Notice of Occurrence and selecting the “anonymous” option on the form and submitting it to the following email address.

Note:

• If the PP or the RP is the employer, the NoO must be provided to the DR.
• When an occurrence of workplace harassment and violence involves only CAF members, DAOD 5012-0 Harassment Prevention and Resolution applies.

Where to find more information - website

For general information on the WHVP Program, please visit the Workplace Harassment and Violence Prevention Program website. It contains a lot of valuable information such as:

• How to report an incident;
• Applicable Policy and Regulations;
• Tools and templates for employer/Coc and employees/members including communication templates and letters, process charts and videos;
• Training requirements;
• WHVP assessment guide and information; and
• Emergency procedures and support services information.

Where to find more information - contact information

• WHVP policy, procedures, and training
• Submitting a receipt of Notice of Occurrence (NoO)
• Alternative Dispute Resolution (ADR) services
• Assistance with Restorative Services (RS)
• CCMS Regional Offices
• Assistance with Restorative Services (RS)