October 26, 2010
Better Health and Safety is a vital part of OPSEU’s
agenda. Bill 168 is new provincial legislation intended to protect
against workplace tragedies. In no small measure it became law
thanks to a vigorous campaign by OPSEU and other major unions who,
too often, bore witness to violence and harassment against their own
members.
This legislation is just one step in our mission to
make all workplaces safe and healthy. Workplace harassment and
violence is like acid: it burns those that are in direct contact. It
corrodes the work and personal lives of all it touches. Everyone,
including witnesses, becomes victimized.
For OPSEU members this is no surprise. Many are
impacted by harassment or violence, whether the perpetrators are
managers, clients or co-workers. For others, the threat may arrive
from a current or former life partner who stalks them to and from
work.
The new law requires employers to create specific
policies in discussion with joint health and safety committees; the
development of anti-violence and harassment programs, and by
providing staff with information and safety instructions to ensure
that they understand that violence and harassment will not be
tolerated.
Plenty of details underpin these
new obligations. That’s why we are training staff and local health
and safety activists to ensure that employers respect and enforce
the law.
OPSEU must also keep up the
pressure for improvements to the law. We have to be smart in how we
apply the law. To coin a cliché: the buck stops with the employer.
The employer must not only develop the "paper policies and
programs" as called for under the Act, but it must also ensure that
real measures and procedures are implemented. This means
that workers need to focus on the general duty provisions of the
Act. These provisions require employers to ensure health and safety
through effective action.
OPSEU rejects the idea of paper enforcement. Our
membership must pressure employers to reinforce their paper plan by
providing sufficient staffing, emergency procedures, safer physical
environment, workable alarm buzzers, access to communication devices
and a host of other measures that provide a workplace safety net
against violence and harassment.
Let’s be guided by the phrase: "It's not what's
in the drawer, it's what is happening on the floor!”
Workplace violence can come from at least four
sources: a third party unrelated to workplace; other staff members;
someone receiving service, or a life partner who infiltrates the
workplace.
Many employers focus only on worker-to-worker
violence. This affects only a fraction of our members. In health
care facilities and the community living sector, the majority of workplace
violence comes from clients. In these workplaces, that’s where the
focus must be.
In short, too many employers ignore the mountain and
focus on the molehill. We say: focus on preventing all types
of violence.
To the extent of their powers and authority, all
workplace parties have obligations under the Occupational Health and
Safety Act. But Bill 168 does not give an employer the right to
offload this responsibility to joint health and safety committees or
to the union. OPSEU has always maintained the employer must assure
that health and safety always includes an obligation to
protect workers from these hazards.
OPSEU urges everyone to make the Act work for them
and their workplace colleagues. Education and action are the most
important steps towards a healthier and safer workplace.
Working together through OPSEU will get us there!
