Analysis of Workplace Violence and Harassment in Nova Scotia

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This report analyzes the requirements and provisions employers and employees must adhere to in Nova Scotia to prevent workplace violence and harassment. It references the Violence in the Workplace Regulations enshrined in section 82 of the Occupational Health and Safety Act 1996, which mandates employers to conduct violence risk assessments and develop prevention plans. The report highlights the duties of employers, including consulting with committees and representatives, educating employees, and establishing a code of practice. It also emphasizes the role of employees in reporting incidents and the importance of accountability. The report underscores the significance of existing policies to avoid violence and harassment, referencing the ministerial message from the Minister of Employment, Workforce Development and Labour, and providing relevant case studies and references.
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Running Head: CASE REVIEW
Physical workplace health and safety hazards
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Physical workplace health and safety hazards
Question: The requirements and provisions an employer and employee must take in Nova
Scotia to ensure that workplace violence and workplace harassment are not tolerated.
Workplace violence for a long time has not been taken seriously as a safety and health issue.
In many cases, those being subjected to violence have do not seek redress or are not taken
into consideration. As such, policies set to prevent workplace violence do not seem to work.
Employers and managers make the situation worse by bulling the employees. On the other
hand, disciplinary committees do not punish the perpetrators of workplace violence
because they are the “untouchables’. Unfortunately, workplace violence contributes to a
lot of deaths being recorded among employees while at work, (Ross, 2017, 15).
The article written by Melanie Warner and Sarah Boyle puts workplace violence into
perspective after their summative article “The price of Workplace Bullying”. In this scenario,
the Ontario Court of Appeal shed light on the issue of workplace bullying by heavily fining
Jason Pinnock after he continuously bullied and harassed Meredith Boucher. Initially,
Boucher was awarded damages amounting to $1, 450,000. It is right to state that this
remedy came in a little bit too late especially after Boucher made failed attempts of
reporting Pinnock to Wal- Mart Management, (Pranglnell et al., 2018, 87). As such, Pinnock
continuously abused her verbally and physically to the extent that she suffers from
insomnia, loss of appetite and weight loss. To top it all, she resigned.
From this scenario, it is evident that employees face challenges while performing their
duties. The aspect of workplace violence is regulated by Violence in the Workplace
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Regulations enshrined in section 82 of the Occupation and Health Safety Act 1996. In this
regulation-Citation 3, all parties involved in the workplace should be aware that violence is
an occupational health and safety hazard.
Duties of employers in the prevention of workplace violence
For this to be achieved, this regulation, under Citation 5, mandates employers to carry out
violence risk assessments, (Powers, 2017, 22). This aids in making a determination whether
the risks of violence may be encountered at work by all parties, (Ricciardelli, 2018, 24). As
such, a written report must be made about it. While carrying out the assessment, employers
must take into consideration past acts of violence, common violence in similar work
environments, circumstances surrounding the work being done, interactions that happen
when work is being done and layout as well as the physical location of the entire workplace.
In addition, employers have to consult with members of any committees formed during the
assessment as well as furnishing them with copies of the written reports of the assessments
made. Lastly, similar consultation must be made with a representative selected from the
workplace, (Milloy, 2017, 1960).
Prevention plans must also exist in any workplace. This relates especially to prevention plans
for workplace violence. It is the employer’s duty formulate and implement prevention plans
as per Citation 7. As such, a code of practice has to be published too. Employers thus have
the duty too to educate their employees about the code of practice as stipulated under
section 10 and section 11. This can be done through training where employees are notified
about their responsibilities and rights, measures to identify, eliminate or report the risks and
also methods of documenting the incidences, (Clause 11, Violence in the Workplace
Regulations)
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Duties of Employees in the Prevention of workplace violence
Employees are presented by respect and fear, especially towards employers. Many
employees face violence and harassment from their employers or managers, case in point
being Boucher’s scenario. In such situations, employees should report the perpetrators to
their supervisors or to legal authorities, (Geoffrion et al., 2017, 370). This also applies to
employees facing harassment and violent behaviours from other employees. In most cases,
bullying and sexual harassment are mainly reported. In such situations, supervisors are the
first leaders to receive such reports, therefore acting on them. Role ambiguity also comes in
handy when employees become knowledgeable about their responsibilities and how
accountable they should be.
In a nutshell, leaders should be at the forefront of highlighting the issue of workplace
violence. Existing policies have to be used so that violence, bullying and harassment are
avoided in the workplace. Accountability should hence be seen to take place. Honourable
Patty Hajdu –Minister of Employment, Workforce Development and Labour has been very
vocal about workplace violence. In his ministerial message, he stated that nobody should be
subjected to sexual violence or harassment of any form in a work environment no matter
whether the perpetrator is a manager, employer or work colleague. Therefore. Employers
and employees have the duty of averting workplace violence.
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References
Geoffrion, S., Goncalves, J., Boyer, R., Marchand, A., & Guay, S. (2017). The effects of
trivialization of workplace violence on its victims: profession and sex differences in a
cross-sectional study among healthcare and law enforcement workers. Annals of
work exposures and health, 61(3), 369-382.
Milloy, J. (2017). Blood, Sweat, and Fear: Violence at Work in the North American Auto
Industry, 1960–80.
Powers, H. (2017). BULLIES AMONG US: Dealing with Workplace Violence in Health
Care. Canadian Journal of Medical Laboratory Science, 79(4), 21-24.
Prangnell, A., Shannon, K., Nosova, E., DeBeck, K., Milloy, M. J., Kerr, T., & Hayashi, K. (2018).
Workplace violence among female sex workers who use drugs in Vancouver, Canada:
does client-targeted police increase safety?. Journal of public health policy, 39(1), 86-
99.
Ricciardelli, R., Power, N., & Medeiros, D. S. (2018). Correctional Officers in Canada:
Interpreting Workplace Violence. Criminal Justice Review, 24
Ross, J. (2017). Violence in Canada: sociopolitical perspectives. Routledge, 12 (15)
Violence in the Workplace Regulations made under Section 82 of the Occupational
Health and Safety Act S.N.S. 1996, c. 7 O.I.C. 2007-200 (April 4, 2007, effective April 1,
2008*), N.S. Reg. 209/2007
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