ServiceMaster is committed to the prevention of workplace violence and harassment. Workplace violence and harassment will not be tolerated from any person in the workplace and the necessary steps will be taken to protect employees from workplace violence or harassment from all sources. The sources of violence or harassment may be internal or external, but will not be tolerated in either case.

 

The workplace violence and harassment program applies to all employees including managers, temporary employees, students, volunteers and subcontractors.

 

Definition

Workplace Harassment – engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment. The following behaviours are examples of workplace harassment:

• offensive or intimidating comments or jokes;
• bullying or aggressive behaviour;
• displaying or circulating offensive pictures or materials;
• refusal to cooperate or work with other employees because of their sexual orientation, disability, race, religious, or ethnic background;
• unauthorized disclosure or personal information about a person’s life experiences (e.g. recovery from addiction, survival of abuse, psychiatric treatment, etc.);
• inappropriate staring;
• workplace sexual harassment;
• isolating or making fun of a worker because of gender identity.

A reasonable action taken by an employer or supervisor relating to the direction of employees or the workplace is not workplace harassment. This includes discipline meetings and performance reviews. 

 

Workplace Sexual Harassment – 

1. Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
2. Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

 

Workplace Violence – The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes:

• An attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker.
• A statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

 

Guidelines

As part of our workplace violence and harassment program, ServiceMaster will ensure that all employees are aware of hazards and are properly trained on the safe work procedures to prevent workplace violence and harassment. As well, they will know how to respond to incidents, obtain assistance and report incidents. All reported acts or threats of violence and/or harassment will be thoroughly investigated and documented. The privacy of all parties will be respected as much as possible.

 

All staff must work in compliance with this policy and supporting program and shall follow the procedures to eliminate or reduce the risk of violence and harassment and immediately report all incidents.

 

Any form of violence or harassment (threats or acts) against a colleague, a member of the community, client, or any other individual in the workplace or client’s workplace is unacceptable. Such acts may be subject to disciplinary action up to, and including, termination of employment.

 

Workplace Harassment Provisions

Informal Harassment Complaint Procedures

The employee should make their disapproval and discomfort known to the harasser by letting them know that their behaviour is offensive and unwelcome. If the harassment does not stop, or if the employee feels that it is unsafe to state their disapproval and discomfort to the harasser, the employee should follow the formal complaint procedure.

 

Formal Harassment Complaint Procedure

To file a formal complaint, follow the directions under the Reporting section below.

 

Workplace Violence Provisions

Risk of Violence

ServiceMaster will communicate information relating to a person with a history of violence where:

• Employees may reasonably be expected to come into contact with the person in the performance of their job duties; and
• There is a potential risk of workplace violence as a result of interactions with the person with a history of violence.

 

ServiceMaster will only disclose personal information that is deemed reasonably necessary to protect workers from physical harm.

 

Outside of Regular Hours

When working outside the context of regular hours, employees must implement appropriate safety precautions. Employees who perceive they may be at risk of experiencing a violent situation are encouraged to follow the Reporting section. 

 

Intoxicated Customers

In the event that a customer approaches you and you detect visible signs that they are intoxicated, immediately contact your Supervisor. The Supervisor will assess the situation and deal with the customer. In the event that a Supervisor is not onsite, or it is after business hours, contact your Supervisor as soon as you can and keep an eye on the customer while you wait. Do not turn your back to them. If they leave the building let your Supervisor know.

 

Workplace Violence – Emergency Situation

In the event that an employee is either directly affected by, or witness to, any violence in the workplace, it is imperative for the safety of all ServiceMaster employees that the incident be reported promptly.

• Call 9-1-1, if an emergency.
• Seek medical attention for victims.
• Report the incident as defined in the Reporting section below.
• All reports shall be investigated, and dealt with appropriately.

 

Workplace Violence – Non-Emergency Situation

To file a formal complaint, follow the directions under the Reporting section below.

 

Special Circumstances

Should an employee have a legal court order (e.g. restraining order, or “no-contact” order) against another individual, the employee is encouraged to notify their Supervisor, and to supply a copy of that order. This will likely be required in instances where the employee strongly feels that the aggressor may attempt to contact them at ServiceMaster in direct violation of the court order. Such information shall be kept confidential.

 

Work Refusal

All workers have the right to refuse work if they have a reason to believe they are in danger of workplace violence.

 

Reporting

Reports of workplace violence or harassment incidents or complaints may be provided verbally or in writing. When submitting a written complaint, the employee shall include the following information:

• Their name(s) (the complainant) and contact information.
• Name of the alleged individual (the respondent) or individual, position and contact information (if known).
• Names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known).
• Details of what happened including date(s), frequency and location(s) of the alleged incident(s).
• Any supporting documents the complainant may have in their possession that is relevant to the complaint. 
• List of any documents a witness, another person or the respondent may have in their possession that is relevant to the complaint.

When reporting verbally, the reporting contact, along with the complainant, will compile the above information. 

 

An incident or a complaint of workplace violence or harassment should be reported as soon as possible after experiencing or witnessing an incident. This allows the incident to be investigated in a timely manner. 

 

Reports of a workplace violence or harassment incident or complaints should be made to the Supervisor. If the Supervisor is the person engaging in the workplace harassment, contact a Joint Health and Safety Representative (JHSC). JHSC information is found on the health and safety board. 

 

Appropriate steps will be taken to deal with the complainant where a complaint is found to be malicious or made in bad faith (false accusation). A person who submits a complaint in good faith, even where the complaint cannot be proven, has not violated this policy.

 

Investigation

ServiceMaster will ensure that an investigation appropriate in the circumstances is conducted when the Supervisor or JHSC representative become aware of an incident of workplace violence or harassment or receives a complaint of workplace violence or harassment.

 

The Supervisor will determine who will conduct the investigation of the incident or complaint of workplace violence or harassment. If the allegations of workplace violence or harassment involves a member of the Management team, the employer will refer the investigation to an external investigator to conduct an impartial investigation.

 

The investigation will be completed in a timely manner and generally within ninety (90) days or less unless there are extenuating circumstances (e.g. illness, complex investigation) warranting a longer investigation.

 

The person conducting the investigation whether internal or external to the workplace will, at minimum, complete the following: 

• The investigator must ensure the investigation is kept confidential and identifying information is not disclosed unless necessary to conduct the investigation. The investigator should remind the parties of this confidentiality obligation at the beginning of the investigation. 
• The investigator must thoroughly interview the complainant and the respondent, if they are an employee of ServiceMaster. If the respondent is not an employee, the investigator should make reasonable efforts to interview the alleged individual. 
• The respondent must be given the opportunity to respond to the specific allegations raised by the complainant. In some circumstances, the complainant should be given a reasonable opportunity to reply. 
• The investigator must interview any relevant witnesses employed by ServiceMaster who may be identified by either the complainant, the respondent, or as necessary to conduct a thorough investigation. The investigator must make reasonable efforts to interview any relevant witnesses who are not employed by ServiceMaster if there are any identified. 
• The investigator must collect and review any relevant documents. 
• The investigator must take appropriate notes and statements during interviews with the complainant, the respondent and any witnesses. 
• The investigator must prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of the complainant, the response from the respondent, the evidence of any witnesses, and the evidence gathered. The report must set out findings of fact and come to a conclusion about whether workplace violence or harassment was found or not. 

 

Results

Within ten (10) days of the investigation being completed, the complainant and the respondent, if an employee of ServiceMaster, will be informed in writing of the results of the investigation and any corrective action taken or that will be taken by the employer to address the workplace violence or harassment.

 

If it is determined that any employee or another individual from the Company has participated in an incident of workplace violence or harassment, immediate disciplinary action will be taken. Such disciplinary action may involve counselling, training, discipline, or immediate dismissal without further notice. 

 

Confidentiality

Information about complaints and incidents shall be kept confidential to the fullest extent possible. Information obtained about an incident or complaint of workplace violence or harassment, including identifying information about any individuals involved, will not be disclosed unless disclosure is necessary to protect employees, to investigate the complaint or incident, to take corrective action or otherwise as required by law.

 

While the investigation is on-going, the complainant, the respondent and any witnesses should not discuss the incident, complaint or the investigation with each other or other employees and witnesses unless necessary to obtain advice about their rights. The investigator may discuss the investigation and disclose the incident or complaint-related information only as necessary to conduct the investigation. All records of the investigation will be kept confidential.

 

All completed records of the investigation and corrective action will be kept confidential and will not be disclosed unless necessary to take corrective action or otherwise as required by law. 

 

Record Keeping 

ServiceMaster will keep records of the investigation including:

1. a copy of the complaint or details about the incident;
2. a record of the investigation including notes;
3. a copy of the investigation report (if any);
4. a summary of the results of the investigation that was provided to the complainant and the respondent, if an employee of ServiceMaster; and
5. a copy of any corrective action taken to address the complaint or incident of the workplace violence or harassment.