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Workplace Harassment and Violence Prevention Interim Policy

Table of Contents

  1. Introduction
  2. Definitions
  3. General Principles
  4. Resolution Process
  5. Emergency Procedures and Support Measures
  6. Risk Factors
  7. Training
  8. Privacy and Confidentiality
  9. Compliance and Consequences
  10. Responsibilities
  11. References
  12. Annex B

Introduction

Introduction Date of Issue: yyyy-mm-dd

Effective Date: 2021-01-01

Date of Last Modification: 2020-12-08

Application: This Interim Policy aims to prevent and respond to harassment and violence in the Department of National Defence (DND) workplace and applies to DND Public Service employees (DND employees), Canadian Armed Forces members (CAF members) involved in an occurrence with a DND employee, or any person granted access to the workplace in the application of the Workplace Harassment and Violence Prevention Regulations under Part II of the Canada Labour Code (CLC).

When an occurrence only involves members of the Canadian Armed Forces (CAF), the following will apply:

Approval Authority: These instructions are issued under the authority of the Assistant Deputy Minister (Human Resources - Civilian) (ADM[HR-Civ]).

Enquiries: Director General Workplace Management (DGWM)

Director Total Health Management (DTHM)

Director General Integrated Conflict and Complaint Management (DGICCM) – For CAF Members

Definitions

applicable partner (partenaire applicable)

The term “applicable partner” refers to the National Health and Safety Policy Committee (NHSPC).

designated recipient (destinataire désigné)

A work unit or person designated by the employer under section 14 of the Workplace Harassment and Violence Prevention Regulations to whom a Notice of Occurrence may be submitted.

harassment and violence (harcèlement et violence)

Part II, subsection 122(1) of the CLC defines harassment and violence as: “any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”

negative behaviours (comportements négatifs)

A continuum of behaviours that qualify as harassment and violence.

occurrence (incident)

An incident or event of harassment and violence in the workplace.

principal party (partie principale)

A DND employee or CAF member who is the object of an occurrence.

qualified investigator

A person with the knowledge, training and experience referred to in section 28(1) of the Workplace Harassment and Violence Prevention Regulations including persons who:

  1. are trained in investigative techniques;
  2. have knowledge, training and experience that are relevant to harassment and violence in the work place; and
  3. have knowledge of the Act, the Canadian Human Rights Act and any other legislation that is relevant to harassment and violence in the work place.

Regulations

The term “Regulations” refers to the Workplace Harassment and Violence Prevention Regulations.

responding party (partie défenderesse)

A DND employee, supervisor or manager, CAF member, or any person granted access to the workplace who is alleged to have been responsible for the occurrence in the notice provided under subsection 15(1) of the regulations.

witness (témoin)

A person who witnessed an occurrence or is informed of an occurrence by the principal or responding party.

workplace (lieu de travail)

Any place where an employee is engaged in work or work relationships for the employer as per section 122(1) of CLC. This may include, but is not limited to, the workplace or any location or event related to work including:

workplace assessment (évaluation du lieu de travail)

Identification of risk factors, internal or external to the workplace that contribute to harassment, violence, and the development and implementation of preventative measures.

General Principles

Mission Statement

3.1 DND is committed to empowering and supporting all DND employees and CAF members of the Defence Team community to foster a safe and respectful workplace through the prevention and resolution of harassment and violence.

Context

3.2 DND and the CAF affirm that a work environment that fosters teamwork and encourages individuals to contribute their best effort to achieve Canada’s defence objectives is essential. Mutual support and respect for the dignity and rights of every person are essential characteristics of the Defence Team environment. Not only are forms of harassment and violence against the law, but they erode mutual confidence and respect for individuals and may lead to a poisoned work environment. As a result, operational effectiveness, productivity, team cohesion and morale are placed at risk.

3.3 DND employees have the right to work in an environment that is free from physical and psychological harm where the health and safety of DND employees is of paramount importance. DND and the CAF must implement preventive measures to address threats to individual well-being. Occurrences of workplace harassment and violence, should they occur, should be responded to promptly to ensure that the workplace remains a respectful and safe environment.

3.4 The definition of harassment and violence has been updated in the Regulations and includes, but is not limited to, verbal threats or intimidation, verbal abuse (i.e. swearing, shouting offensively), physical, sexual and psychological abuse, public ridicule, making offensive jokes or remarks, socially excluding, undermining, belittling, sexual innuendo, and aggressive gestures. Harassment is not consensual workplace banter, reasonable management action, and every workplace disagreement.

3.5 Response to workplace harassment and violence that involves DND employees will be governed by this Interim Policy regardless of whether the supervisor/manager is a Public Service employee or military member. Occurrences that only involve CAF members are governed by DAOD 5012-0 Harassment Prevention and Resolution and A-PM-007-00/FP-001 Harassment Prevention and Resolution Instructions. Occurrences that involve a person granted access to the workplace (i.e. contractor, visitor) other than DND employees and CAF members are governed under the Interim Policy as well as Section 125(1)(y) of the CLC and other DND policies.

Role of the Department of National Defence

3.6 Under this Interim Policy, the responsibilities of DND fall under three pillars: prevent, respond, support. These responsibilities include, but are not limited to:

  1. Prevent:
    1. ensure that this Interim Policy is readily available and that all employees are aware of it and their responsibilities herein;
    2. promote a workplace that is psychologically safe and free from harassment and violence, and prevent occurrences of harassment and violence;
    3. provide training, jointly developed or identified, and endorsed by the applicable partner, specific to the culture, conditions and activities of the workplace as it relates to workplace harassment and violence;
    4. carry out a workplace assessment jointly with local WHSC and/or applicable partner, that consists of the identification of hazards and risks related to harassment and violence in the workplace;
    5. implement preventive measures to eliminate or minimize the risks related to workplace harassment and violence, as jointly agreed upon by the applicable partner;
    6. continuously monitor the effectiveness of those preventative measures;
  1. Respond:
    1. respond to and resolve all workplace harassment and violence occurrences which includes addressing issues and negative behaviours which may not yet meet the threshold of violence and harassment;
    2. remove, if determined to be required, an employee from potential danger in the workplace due to the occurrence of workplace harassment and violence;
    3. carry out the resolution process laid out in section 4 of this Interim Policy and comply with all associated timelines and processes;
    4. respect and maintain the confidentiality of the information shared throughout the resolution process and only share information as required by the Regulations;
    5. provide monthly updates regarding the status of the resolution process to all the parties involved;
    6. track all notices of occurrences, review and update the workplace assessment when required by the Regulations;
    7. maintain records relating to harassment and violence prevention and the resolution of occurrences, and meet the reporting requirements of the Regulations;
  1. Support:
    1. provide care and support for those affected by harassment and violence in the workplace;
    2. ensure the workplace health and safety of all DND employees; and
    3. provide a list of all support services that are available to employees within each geographical area of Canada.

Records and Reporting Requirements

3.7 The WHVP Centre of Expertise (CoE) shall ensure that health and safety records referenced in section 35(1) of the Regulations are maintained by supervisors/managers and the designated recipient. Supervisors/managers must ensure that records and reporting requirements of workplace harassment and violence are maintained in accordance with WHVP CoE instructions and respect the privacy and confidentiality of those involved.

3.8 Specific records and reporting instructions will be provided to L1s by the WHVP CoE. The following records must be kept by the employer as per the Regulations (paragraphs c to i must be maintained for a period of 10 years):

  1. the Workplace Harassment and Violence Prevention Policy;
  2. a copy of the documents that form part of the workplace assessment;
  3. a copy of the documents that form part of each review and update of the workplace assessment;
  4. in instances where the employer and the National Health and Safety Policy Committee (NHSPC), the local WHSC or health and safety representatives are unable to agree on a matter that is required by the Regulations, or a record of the employer’s decision in the matter and the reasons for that decision;
  5. a record of each notice provided under subsection 15(1) of the regulations and of each action taken in response to the notice;
  6. for each instance where a time limit set out in section 33 of the Regulations is not met and a document that sets out the reasons for the delay;
  7. a copy of each report that is prepared by an investigator;
  8. a copy of each annual report; and
  9. a copy of each fatality report.

3.9 On or before 1 March of each year, the WHVP CoE must provide an annual report to Employment and Social Development Canada in accordance with Section 36 of the Regulations.

3.10 If an occurrence results in death of a DND Employee, the supervisor/manager must report the fatality to Employment and Social Development Canada (ESDC) within 24 hours after becoming aware of the employee’s death as per the DND General Safety Hazardous Occurrence standards and inform the WHVP CoE and D Safe G.

Resolution Process

Submission of Notice of Occurrence

4.1 Employees subjected to harassment and violence or who witness someone being subjected to harassment and violence are encouraged to report it as soon as possible. DND employees may notify their supervisor/manager or the designated recipient of a harassment and violence occurrence verbally or in writing. If the supervisor/manager is either the principal or responding party the Notice of Occurrence must be sent directly to the designated recipient. The Notice of Occurrence must contain:

  1. name of the principal party and the responding party, if known;
  2. date of the occurrence; and
  3. detailed description of the occurrence.

4.2 Under Section 15(2) of the Regulations, a notice of an occurrence must not be provided if all the following conditions are met:

  1. the responding party is not the supervisor/manager, or a member of the Defence Team;
  2. exposure to harassment and violence is a normal condition of work for the principal party; and
  3. the employer has measures in place to address workplace harassment and violence.

4.3 The Notice of Occurrence template is available in Annex A. If a DND employee is not able to provide the Notice of Occurrence in writing, they may provide it verbally to their supervisor/manager or the designated recipient who may transcribe it onto the form on their behalf.

4.4 Should a supervisor/manager receive a Notice of Occurrence, they must conduct an initial review of the Notice of Occurrence and inform the WHVP CoE via email within seven (7) calendar days for tracking purposes.

Anonymous Notification

4.5 Employees and witnesses may choose to provide an anonymous Notice of Occurrence of harassment and violence in the workplace. In this case, a resolution may be difficult to achieve based on the contents provided. If the principal party is not identified, the resolution process as outlined in the Regulations will not proceed and the occurrence will be considered resolved.

4.6 In these instances, the occurrence will be forwarded to the local Workplace Health and Safety Committee (WHSC) who will jointly review and, if necessary, update the workplace harassment and violence assessment and determine if any additional preventative measures are required.

Reprisals

4.7 Supervisors/Managers and employees must be aware that reprisal against an employee who has exercised rights or duties under this Interim Policy, or under the enabling legislation, is unacceptable and incompatible with the standards of civility and respect in the federal public service. More specifically, section 147 of the CLC Part II prohibits discipline against an employee who has participated in the process outlined in this Interim Policy. Any form of reprisal may be subject to the same investigative procedures as notifications of harassment and violence. Further, an administrative investigation could be initiated and may give rise to other measures, up to and including disciplinary or administrative action.

Supervisor/Manager or Designated Recipient Response to Principal Party

4.8 The supervisor/manager or the designated recipient who received the Notice of Occurrence is encouraged to respond to the principal party as soon as possible. However, a letter acknowledging receipt must be sent to the principal party within seven (7) calendar days after the day on which the supervisor/manager or the designated recipient is notified of an occurrence. The supervisor/manager or designated recipient will contact the principal party to:

  1. confirm the notification has been received or inform them that a notification was received from a third party;
  2. address urgent situations immediately (e.g. imminent danger);
  3. inform the principal party on how to access the organizations WHVP Interim Policy;
  4. explain each step of the resolution process;
  5. inform the principal party that they may be represented by a person of their choice at any time during the resolution process; and
  6. provide information on how to access support services.

Supervisor/Manager or Designated Recipient Response to Responding Party

4.9 The supervisor/manager or the designated recipient will notify the responding party regarding the notification of an occurrence, in a timely manner and:

  1. inform them that they have been named or identified as the responding party in a Notice of Occurrence;
  2. inform them on how to access the organizations workplace harassment and violence prevention Interim Policy;
  3. explain each step of the resolution process;
  4. inform them that they may be represented by a person of their choice at any time during the resolution process; and
  5. provide information on how to access support services.

Negotiated Resolution

4.10 The supervisor/manager or designated recipient, the principal party and, if contacted, the responding party, must make every reasonable effort to resolve an occurrence for which a notice is provided under subsection 15(1) of the Regulations. A review must be completed by the principal party and the supervisor/manager or designated recipient to determine whether the Notice of Occurrence provided under subsection 15(1) describes an action, conduct or comment that constitutes harassment and violence as defined in subsection 122(1) of the Act. The actions to negotiate a resolution must be initiated no later than 45 days after the day on which that notice is provided. Pressure cannot be applied to participants to resolve an occurrence. If resolution is not achieved, the principal party may choose to proceed with conciliation and alternate dispute resolution (ADR) or an investigation.

Conciliation and Alternate Dispute Resolution

4.11 Conciliation and ADR of an occurrence of harassment and violence can only proceed if both the principal party and responding party agree to it and agree on who will facilitate the process. If conciliation and ADR cannot proceed, or if it is unsuccessful, and the principal party chooses to proceed with the resolution process, the notification of occurrence must be investigated. Conciliation and ADR are generally not recommended for cases of sexual harassment, sexual assault and/or sexual violence.

Investigation

4.12 The investigations to be conducted under this policy are preventive in nature. Investigators will focus on the root cause of the occurrence in the workplace and develop recommendations on how to prevent similar occurrences in the future. The outcome of the prevention investigation cannot be used for any remedial or disciplinary measures. Supervisor/managers should contact the WHVP CoE if an investigation is required. In accordance with section 128 of the CLC Part II, an employee has the right to refuse work due to a workplace harassment and violence hazard that they consider an immediate danger to their life or health. The NHSPC and WHSC members or health and safety representative are not permitted to participate in an investigation related to a Notice of Occurrence of workplace harassment and violence except in situations of refusal to work for danger.

Notice of Investigation

4.13 The supervisor/manager or the designated recipient, as the case may be, will provide the principal party and the responding party with notice that an investigation will be carried out.

Selection of Investigator

4.14 The employer and the NHSPC will jointly identify a list of qualified persons who may act as an investigator. Once the list of investigators has been created for DND (in accordance with 27(1)(a) of the Regulations), the selection of an investigator will reside with the supervisor/manager or designated recipient. Where possible, the principal party will be offered a selection of qualified investigators from the list.

Note - In the event a joint list is not available when this Interim Policy comes into force, the supervisor/manager or the designated recipient, the principal party and responding party must agree on the selection of a person who will act as the investigator. If there is no agreement within 60 days after the day on which the notice was provided under section 26, a person from among those whom CCOHS has identified a list of persons with the knowledge, training and experience referred to in subsection 28(1) shall be selected to investigate. If the CCOHS list is not finalized, the supervisor/manager or the designated recipient may select a qualified investigator from the NMSO or internal as required.

Information for Investigator

4.15 The supervisor/manager or the designated recipient, as the case may be, will provide the investigator with all information that is relevant to the investigation such as the nature of the occurrence, scope of the investigation, names of parties to be interviewed, etc.

Investigation Report

4.16 The investigator’s report must not reveal, directly or indirectly, the identity of persons who are involved in an occurrence or the resolution process for an occurrence under these Regulations (e.g. work locations, dates, division/group names). The investigator’s report will provide conclusions regarding root causes and other circumstances in the workplace that contributed to the occurrence. It will also provide recommendations to eliminate or minimize the risk of a similar occurrence. The supervisor/manager or designated recipient will provide a copy of the investigator’s report to the principal party, responding party, the WHSC or the health and safety representative.

Implementation of Recommendations

4.17 The supervisor/manager will provide a copy of the investigation report to the WHSC or the health and safety representative who will jointly determine which of the prevention recommendations set out in the report summary will be implemented. Examples of the type of recommendations to come out of the investigation may include mandating training, a workplace restoration process and updates to both the workplace assessment and this Interim Policy. The employer must implement the recommendations within one (1) year of receiving the Notice of Occurrence.

4.18 If supervisor/manager and the WHSC or the health and safety representative cannot agree on which prevention recommendations set out in the investigator’s report should be implemented, then it is the employer’s decision as to which prevention recommendations are appropriate to implement prevails. However, the employer must document its decision and the reason for that decision as per paragraph 35(1)(d) of the Regulations, and keep a record of the decision and its reasons for 10 years as per subsection 35(2) of the Regulations.

Completion of Resolution Process:

4.19 The resolution process and any agreed prevention recommendations are expected to be completed within one (1) year after the day that a Notice of Occurrence is submitted to either the supervisor/manager or the designated recipient. Any delays in the completion of the resolution process must be communicated to the parties with an explanation that sets out the reason for the delay.

4.20 As per Section 33(2) of the Regulations, if the principal party or responding party is temporarily absent from work for more than 90 consecutive days after the day on which the Notice of Occurrence is provided, the supervisor/manager must ensure that the resolution process is completed within the later of one (1) year after the day on which the Notice of Occurrence is received and six (6) months after the day on which the principal party returns to work.

4.21 The resolution process is deemed completed when the occurrence is resolved either through negotiated resolution, conciliation and ADR, or if the Notice of Occurrence does not provide the identity of the principal party. The resolution process for an occurrence is completed if there is no negotiated resolution and the principal party choses to end the resolution process requiring the supervisor/manager and WHSC o review the workplace assessments. The process also is completed if an investigator has provided a report and the employer implements the recommendations referred to in subsection 31(2) of the Regulations, or if the occurrence is resolved through negotiated resolution or conciliation.

Domestic Violence

4.22 Violence, no matter where it takes place, can impact all areas of someone's life – including their workplace. You may also have heard similar terms such as:

  1. family violence;
  2. gender-based violence;
  3. intimate partner violence; or
  4. violence against women.

4.23 No matter how it is labelled, domestic violence can happen to people of all genders. It happens to people of all racial, economic and religious backgrounds. It exists in relationships regardless of sexual orientation. Domestic violence can include:

  1. stalking;
  2. verbal abuse;
  3. use of property, children, or pets to threaten and intimidate;
  4. physical violence, sexual, emotional, and psychological intimidation; and
  5. use of electronic devices to harass and control (technology-facilitated abuse), or economic abuse such as withholding or stealing money, or preventing a partner from reporting to work.

4.24 Domestic violence may extend into the workplace, especially when teleworking, where the aggressor uses emails, phone calls, text messages, stalking or showing up to the workplace (which may include a DND employee’s home if teleworking) to question co-workers. This can affect employment productivity and health and safety; organizations can help to recognize, respond to and address the impacts of domestic violence. The organization has a responsibility under the CLC to protect and prevent against all forms of harassment and violence, including domestic violence, that could give rise to harassment and violence in the workplace.

4.25 Upon being made aware that an employee is or is likely to be exposed to domestic violence or third party harassment and violence in the workplace, the DND will take appropriate precautions to protect the employee and any other persons at the workplace likely to be affected. Employees are encouraged to seek support and report domestic violence so that the appropriate safeguards may be put in place.

Additional Recourse Options

4.26 DND employees cannot be penalized, reprimanded or in any way criticized when acting in good faith while following this Interim Policy and the supporting procedures for addressing situations involving workplace harassment and violence. Should it be determined that disciplinary measures may be warranted, these will be addressed outside of this Interim Policy in accordance with the applicable references. This Interim Policy does not prevent an employee from exercising their rights under the CLC or any other legislation. It is the responsibility of all involved in the process to ensure that no person suffers any prejudice, retaliation, or embarrassment as a result of submitting a Notice of Occurrence.

4.27 Depending on the circumstances of an occurrence, DND employees may seek additional forms of recourse outside this Interim Policy, including seeking personal remedies through the grievance process, however they cannot be exercised simultaneously.

4.28 CAF members may use the CAF Grievance System as a follow-on recourse mechanism.

Notices Submitted in Bad Faith

4.29 As per sections 133 and 147 of CLC Part II, no employee will be subject to discipline as a result of reporting an incident of workplace violence or harassment in good faith. However, willfully making false or vexatious allegations or retaliating against an employee for reporting an incident of workplace violence or harassment will not be tolerated and may result in disciplinary or administrative measures.

4.30 The Workplace Violence and Harassment Prevention Policy and the corresponding investigative processes are not punitive in nature, and as such, will not directly result in disciplinary or administrative action. If the employer becomes aware of behaviours or actions that contravene the Code of Conduct, or any other applicable policy disciplinary or administrative measures may be pursued under the recourse mechanism that corresponds to the relevant process.

Emergency Procedures and Support Measures

Emergency Procedures

5.1 Employees who are affected by or witness an occurrence of harassment and violence in the workplace that poses an immediate threat to individual health and safety, should immediately call 911 emergency services and/or the Military Police if the threat occurs on DND property. Employees should also inform their supervisor/manager or another manager in the vicinity. A guide, at Annex B, was developed to assist supervisors/managers and employees to prepare for and respond to emergencies related to workplace harassment and violence should they arise.

5.2 If employees or their family members need personal support following the incident, they are encouraged to:

  1. Contact the Health Canada - Employee Assistance Services (EAS), which provides short-term professional counselling services. This service is available 24/7, 365 days a year, by calling 1-800-268-7708 or 1-800-567-5803 (TTY); and/or
  2. Consult the Resource Catalogue to search for available programs, services and educational resources by topic and location. The resource catalogue is available at the following website: https://www.canada.ca/en/department-national-defence/campaigns/covid-19/civilian-human-resources.html

5.3 All employees are required to be familiar with the emergency procedures related to workplace harassment and violence in Annex B and any applicable local base/wing emergency procedures.

Support Measures

5.4 DND offers support and assistance to all employees and their family members who are affected by workplace harassment and violence through the confidential Employee Assistance Program. For supports and resources related to violence, conflict and abuse, consult the Resource Catalogue, or talk to an EAP Peer Advisor. Call HR Connect at 1-833-747-6363 to be connected with a readily available colleague from 0800-1600 hours Monday to Friday. You will be contacted within 24 hours.

5.5 The Resource Catalogue provides a list of support services available to DND employees at the Workplace Harassment and Violence Prevention website https://www.canada.ca/en/department-national-defence/campaigns/covid-19/civilian-human-resources.html

Risk Factors

Workplace Harassment and Violence Risk Factors

6.1 There are a number of risk factors that can contribute to workplace harassment and violence including work environments, job factors and external factors. A list of common risk factors was jointly developed by management and NHSPC in accordance with the regulations. The risk factors identified are both internal and external to DND and could contribute to any inappropriate negative behaviours that fall under the definition of workplace harassment and violence. These jointly identified risk factors form the basis of the development and implementation of preventative measures.

6.2 DND must carry out workplace assessments within their specific L1s every three (3) years and leverage the WHSC, and other individuals with specific experiences and qualifications. The identified risk factors should be updated if an occurrence occurs where the type of behaviour that surrounds the incident is not captured by any of the previously identified risk factors and if an update to the workplace assessment is required, in accordance with the regulations. These jointly identified risk factors should form the basis of the development and implementation of preventative measures.

Training

Training Requirements

7.1 As per the regulations, WHVP CoE and the NHSPC must jointly identify or develop training on workplace harassment and violence prevention for:

  1. DND employees;
  2. CAF members;
  3. supervisor/managers; and
  4. designated recipients.

7.2 The course will cover:

  1. elements of the Workplace Harassment and Violence Prevention Policy;
  2. description of the relationship between workplace harassment and violence and the prohibited grounds of discrimination under the Canadian Human Rights Act; and
  3. how to recognize, minimize and prevent workplace harassment and violence.

7.3 Training must be completed within the following timelines:

  1. new DND employees within three (3) months of joining the Department ;
  2. existing DND employees, supervisors, managers and CAF members within one (1) year of the Regulations coming into force and every three (3) years thereafter; and
  3. designated recipients prior to exercising the roles and responsibilities outlined in this Interim Policy.

Privacy and Confidentiality

Privacy and Confidentiality

8.1 All persons must respect the dignity and safeguard the privacy of people involved in violence and harassment situations by treating all information with discretion. Malicious talk and speculation can aggravate a situation, cause further harm and increase stress in the workplace. All DND employees must show respect for others and not engage in idle talk and speculation around potential toxic situations in the workplace. All parties involved in the handling of personal information related to occurrences must limit the discussion and dissemination of the information to those who have a need to know.

8.2 The contents of the notice of the occurrence and the investigator report will not be shared with anyone except the supervisor/manager or designated recipients and the parties involved with the occurrence. The contents of the investigator report must not reveal, directly or indirectly, the identity of parties and witnesses involved in the resolution process.

8.3 It is important to note that protecting the full privacy of affected persons or witnesses to an occurrence of harassment and violence may not always be possible or practicable in the context of the public service due to legal obligations including those respecting access to information and privacy, and the natural justice and procedural fairness principles. The supervisor/manager or designated recipient will work closely with the parties to address the occurrence while ensuring that information about the Notice of Occurrence is not disclosed, unless required by law.

8.4 All information relating to occurrences and the investigator report will be subject to the provisions of the Privacy Act, DAOD 1002-0, Administration of the Privacy Act and the Access to Information Act and will only be collected, used, disclosed and retained in accordance with these Acts and Directives.

Compliance and Consequences

Compliance

9.1 DND employees and CAF members must comply with this Interim Policy to prevent occurrences of harassment and violence in the workplace. Should clarification of the policies or instructions set out in this Interim Policy be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. Supervisors/managers and CAF members who act as supervisors/managers of DND employees have the primary responsibility for any means of ensuring the compliance of this Interim Policy.

Consequences of Non-Compliance

9.2 DND employees and CAF members are accountable to their respective supervisors/managers for any failure to comply with the direction set out in DND policies related to harassment and violence in the workplace. Non-compliance with this Interim Policy may have consequences for both the DND and the CAF as institutions, and for DND employees and CAF members as individuals. Suspected non-compliance may be investigated. Supervisors/managers and CAF members who act as supervisors/managers of DND employees must take or direct appropriate corrective measures if non-compliance with this Interim Policy has consequences for the DND or the CAF. The decision of an L1 or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline regarding a CAF member, will depend on the degree of risk resulting from the non-compliance and other circumstances of the case.

9.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances.

Consequences of non-compliance may include one or more of the following:

  1. the completion of appropriate learning, training or professional development;
  2. the entering of observations in individual performance evaluations;
  3. increased reporting and performance monitoring;
  4. the withdrawal of any authority provided under this Interim Policy from a DND employee or CAF member;
  5. the reporting of suspected offences to responsible law enforcement agencies;
  6. the application of specific consequences as set out in applicable laws, codes of conduct, and DND and CAF policies and instructions;
  7. other administrative action, including the imposition of disciplinary measures, for a DND employee;
  8. other administrative or disciplinary action, or both, for a CAF member; and
  9. the imposition of liability on the part of Her Majesty in right of Canada, DND employees and CAF members.

9.4 In respect to the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.

Responsibilities

Responsibility Table

10.1 The following table identifies responsibilities associated with this Interim Policy:

The ADM(HR-Civ) is or are responsible for:

The D Safe G is or are responsible for:

The L1s and Commanding Officers is or are responsible for:

 The DND Employees is or are responsible for:

 The CAF members is or are responsible for:

 The WHVP CoE is or are responsible for:

 The Designated Recipient is or are responsible for:

 The Delegated Managers is or are responsible for:

 The Supervisors and Managers is or are responsible for:

 The Union Representatives is or are responsible for:

 The WHSC is or are responsible for:

References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

Annex B

DND is committed to providing a harassment and violence-free work place by dedicating sufficient attention, resources and time to:

  1. Provide training and awareness to all employees;
  2. Assess and identify factors that contribute to work place harassment and violence;
  3. Review the effectiveness of the preventative measures put in place;
  4. Develop and implement systematic controls to eliminate or minimize work place harassment and violence;
  5. Respond effectively to actual and potential incidents of work place harassment and violence; and
  6. Provide assistance to victims of work place harassment and violence.

Employees who are a victim of or who witness an occurrence of harassment and violence in the workplace that poses an immediate danger or threat to an individual’s health and wellness should contact emergency services appropriate to the nature of the incident. The following outlines procedures and support services available to DND employees needing personal support during and/or following emergencies related to workplace harassment and violence. DND Employees and CAF members are to refer to the local base/wing emergency procedures. The following is meant to augment with respect to workplace harassment and violence:

Type of Emergency

Procedures

Impacts

Supports available

Illness/Injury/

Domestic Crisis/

Bereavement/

Suicide Intervention

Individual/ supervisor/manager/ commanding officer consults the Resource Catalogue, contacts the DND EAP Corporate Office, ODM, or seeks further information from relevant sites (EAP, family services, etc.).

Leave and workplace accommodations may be required.

Health Canada - Employee Assistance Services (EAS) provides short-term professional counselling services to employees and their family members. This service is available 24/7, 365 days a year, by calling 1-800-268-7708 or 1-800-567-5803 (TTY).

To search available programs, services and educational resources by topic and location, please consult the Resource Catalogue.

EAP Peer Advisors (PAs) - DND employees provide confidential active-listening skills and resources to employees in need. Call HR Connect at 1-833-747-6363 to be connected with a readily available colleague from 0800-1600 hours Monday to Friday. You will be contacted within 24 hours.

LifeSpeak—a web-based service that offers free confidential access to hundreds of short videos by experts on everyday issues.

The Office of Disability Management was created to be an impartial, collaborative and inclusive group that supports employees and supervisors/managers dealing with disability-related matter due to illness, impairment and injury.

The Mental Health and Well-being Corporate Office supports the health and well-being of employees and provides access to tools, resources and services to assist organizations in building a safe, supportive and respectful work environment.

Criminal/Critical Incident

If on base or at DND buildings, contact MPs.

If not on DND property, call 911.

When on scene during any critical incident, the MP is responsible for the following:

· taking and retaining command and control (C2) of the critical incident until the situation is resolved;

· confirming that the containment and the perimeter are effective;

· establishing and manning the command post (CP), and ensuring the creation of a media inquiry centre;

· appointing a lead investigator to gather all information required;

· ensuring all necessary legal authorizations are obtained;

· preparing required plans;

· depending on the incident, contacting local civilian police forces and requesting the appropriate specialized support;

· depending on the incident, requesting explosives ordnance disposal or a civilian police explosives disposal unit;

· authorizing, in conjunction with the Tactical Team Critical Incident Commander, all tactics used by the tactical unit, including the use of explosive forced entry (EFE);

· transferring investigation responsibility to the lead investigator upon conclusion of the critical incident;

· preserving all information recorded during the investigation (flip charts, white boards photographed before being modified) for future investigation purposes; and

· ensuring that all military/civilian police officers preserve all evidence for the purpose of the investigation.

OSCER should take action through the following:

  • ensuring a Significant Incident Reports (SIR) to be completed in response to a workplace incident and the activation of the role of the OSCER;
  • carefully considering the precise nature and character of the disaster or emergency;
  • securing and preserving the scene of the disaster or emergencies for fire marshal, Royal Canadian Air Force Director Flight Safety (RCAF DFS), Transportation Safety Board of Canada (TSB) and Transport Canada (TC) investigators;
  • the importance of maintaining order in situation of control of demonstration;
  • directing emergency response teams;
  • conducting searches as required;
  • taking decisions on evacuation of DND employees and CAF members from the workplace while considering the disaster or emergency;
  • taking decisions on the shelter-in-place of DND employees and CAF members in the workplace while considering the source of harm;
  • providing information to internal and external stakeholders;
  • establishing and maintaining liaison with other agencies participating in the disaster or emergency response;
  • examining specific scenarios and developing strategies to physically contain the events;
  • evaluating alternative scenarios and strategies and recommending the most appropriate strategy;
  • documenting strategies and decisions;
  • recommending incident containment strategies; and
  • determining the return to work by DND employees and CAF members.

Health Canada - Employee Assistance Services (EAS) provides short-term professional counselling services to employees and their family members. This service is available 24/7, 365 days a year, by calling 1-800-268-7708 or 1-800-567-5803 (TTY).

To search programs, services and educational resources by topic and location, please consult the Resource Catalogue.

EAP Peer Advisors (PAs) - DND employees provide confidential active-listening skills and resources to employees in need. Call HR Connect at 1-833-747-6363 to be connected with a readily available colleague from 0800-1600 hours Monday to Friday. You will be contacted within 24 hours.

Hold-and-Secure/Shelter-in-Place /

Lockdown/Evacuation

· lock main building doors;

· if 9-1-1 has been called, stay on the line and wait for further direction by 9-1-1 operator;

· route outside activities to a safe location away from the building (predetermined evacuation sites may be used);

· move to a safe room with the door locked – no one should stay in halls and washrooms;

· close and lock doors and windows, and close blinds;

· turn off lights (including computer monitors);

· as necessary and appropriate, improvise a barricade;

· verify attendance;

· stay quiet;

· ensure cellular telephones are only used by designated personnel;

· do not respond to fire alarms as usual: remain locked down, unless physical signs of fire are obvious (smoke, fire, heat), and be prepared to respond to the most immediate threat; and

· do not open the door, and remain in lockdown in location until an “all clear” message has been given by the local commander or “all clear” is announced and confirmed by military/civilian police.

The decision to re–occupy a building following an evacuation is to be made by the MP CIC or the OSCER after considering all information available. All Critical Incidents, Disasters and Emergencies shall be immediately reported to the Military Police unit. The Military Police unit will contact other emergencies services and the Base/Wing Ops.

Health Canada - Employee Assistance Services (EAS) provides short-term professional counselling services to employees and their family members. This service is available 24/7, 365 days a year, by calling 1-800-268-7708 or 1-800-567-5803 (TTY).

To search programs, services and educational resources by topic and location, please consult the Resource Catalogue.

EAP Peer Advisors (PAs) - DND employees provide confidential active-listening skills and resources to employees in need. Call HR Connect at 1-833-747-6363 to be connected with a readily available colleague from 0800-1600 hours Monday to Friday. You will be contacted within 24 hours.

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