Workplace Violence, Harassment and

Discrimination Program
Workplace Violence, Harassment and Discrimination

1. Introduction

2. Purpose

3. Scope

4. Authorities

5. Legislation and Related Policies

6. Definitions, Prohibited Conduct and Examples

7. Roles and Responsibilities

8. Risk Assessment Protocol

9. Implementation of Controls

10. Prevention Measures & Training

11. Warning Signs

12. Work Refusals

13. Confidentiality & ‘No Reprisals’

14. Protocol for Reporting Complaints of Workplace Violence

15. Protocol for Reporting Complaints of Workplace Harassment or Discrimination

16. Protocol for Investigating complaints of workplace violence

17. Protocol for Investigating complaints of workplace harassment or discrimination

18. Remedies, Resolutions and Corrective Action

19. Incident follow-up

20. Record Keeping

21. Plan to Review the Policy and Program

22. Appendices

Appendix A – Warning Signs of Potential Violence

Appendix B – Warning Signs of Potential Domestic Violence
Appendix C – Rapid Response Investigation Team
Appendix D – Violence Reporting and Investigation Flow Chart
Appendix E – Harassment or Discrimination Reporting and Investigation Flow Chart
Appendix F – Sample Investigation Form
Workplace Violence, Harassment and Discrimination Program

Introduction
Every employee has the right to work in an environment free of violence, harassment and
discrimination. Similarly, all people have rights and obligations in ensuring the workplace is a safe
and healthy environment. The Company has developed a Workplace Violence, Harassment and
Discrimination Policy and Program to guide all employees in preventing and handling workplace
violence, harassment and discrimination, as well as protecting the basic human rights of all
employees, clients, contractors and visitors of Vale in Canada.

Workplace violence is a serious issue for which there are no easy answers or solutions. Because
we cannot accurately predict someone’s potential for violence, all reasonable precautions should
be carefully considered and implemented where appropriate and necessary. This program is based
on the principle that early recognition of workplace behaviour can minimize the risk of workplace
violence, harassment and discrimination.

Purpose
The purpose of this Workplace Violence, Harassment and Discrimination program is to provide a
consistent approach at Vale’s Canadian operations to manage the issues of workplace violence,
harassment and discrimination.

Scope
The Workplace Violence, Harassment and Discrimination policy and program guidelines apply to
all Vale employees, clients, contractors, service providers, and visitors conducting business on
Company property or with Vale employees in Canada. This means all persons who are present at
a Vale workplace (including our mines, surface operations, properties, and wherever our offsite
business activities are conducted), and all persons who are dealing with employees and other
workers engaged in our business.

Authorities
The Workplace Violence, Harassment and Discrimination Policy and Procedures have been
developed by the Company. No person has the ability to make changes to this policy, or its
associated procedures, without the written consent of the CEO of Vale’s nickel business, or
designate.

The Workplace Violence, Harassment and Discrimination Policy supersedes all previous
Harassment and Discrimination policies.

Legislation & Related Policies

• Occupational Health and Safety Act of Ontario (R.S.O. 1990, c. 0.1), the Workplace Safety and
Health Act of Manitoba, the Occupational Health & Safety Act of Newfoundland and Labrador,
or other Occupational Health and Safety legislation based on jurisdiction
• Criminal Code of Canada (1985)
• Ontario Human Rights Code (R.S.O. 1990, c. H, s. 5(1)), Manitoba Human Rights Code,
Human Rights Code of Newfoundland and Labrador, or other Human Rights legislation based
on jurisdiction

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Workplace Violence, Harassment and Discrimination Program

• Applicable Collective Bargaining Agreements based on jurisdiction

• Applicable Health, Safety and Environment Policies based on work location

Definitions
Worker: A person who performs work or supplies services for monetary compensation. This
includes employees, contractors, suppliers, etc.

Workplace Violence is:

• the exercise of physical force by a person against a worker, in a workplace, that causes or
could cause physical injury to the worker;
• an attempt to exercise physical force against a worker, in a workplace, that could cause
physical injury to the worker; and / or
• a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise
physical force against the worker, in a workplace, that could cause physical injury to the
worker

Examples of workplace violence include, but are not limited to:

• verbally threatening to attack a worker;
• leaving threatening notes at or sending threatening emails to a workplace;
• shaking a fist in a worker’s face;
• wielding a weapon at work;
• hitting or trying to hit a worker;
• throwing an object at a worker;
• sexual violence against a worker;
• kicking an object the worker is standing on, such as a ladder; or
• trying to run down a worker using a vehicle or equipment such as a forklift.

Workplace Violence is not:

• Accidental situations, such as a worker tripping over an object and pushing a co-worker as a
result, are not meant to be included.

Domestic Violence is:

A person who has a personal relationship with a worker (such as a spouse or former spouse,
current or former intimate partner or a family member) may physically harm, or attempt or threaten
to physically harm, that worker at work. In these situations, domestic violence is considered
workplace violence.

Workplace Harassment is:

Engaging in a course of vexatious (hostile or offensive) comments or conduct against a worker in a
workplace that is known or ought reasonably to be known to be unwelcome.
In addition, workplace harassment denies individual dignity and respect because of a person’s
actual or perceived inclusion, (or their association with others who are included), in a group which
is protected under Human Rights law.

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Workplace Violence, Harassment and Discrimination Program

Some types of behaviours that may be workplace harassment include:

• bullying
• teasing
• intimidating or offensive jokes or innuendos
• displaying or circulating offensive pictures or materials
• offensive or intimidating phone calls or emails

Some behaviours that may be workplace harassment, under Human Rights law include, but are
not limited to:

ƒ Unwelcome remarks, jokes, innuendos or taunting about a person’s body, attire, sex,
disability, racial or ethnic background, sexual orientation, etc., which causes embarrassment
and humiliation;
ƒ Display of objects, materials or pictures of a sexual, racial or otherwise offensive nature
such as pornographic pictures, posters, graffiti, cartoons or simulation of body parts;
ƒ Leering (suggestive staring) or other physical gestures;
ƒ Unnecessary physical contact such as touching, patting or pinching;
ƒ Unwelcome or intimidating invitations or requests and sexual overtones, whether implicit or
explicit;
ƒ Refusing to work or share facilities with another employee because of the others’ sex,
disability, sexual orientation, racial, religious or ethnic backgrounds;
ƒ Sexual solicitations or advances from a person in a position to award a benefit or
advancement when the person knows or ought reasonably to know that the solicitation was
unwelcome;
ƒ Retaliation for the lodging of a harassment complaint, grievance, or participation in an
investigation.

Workplace harassment is not:

ƒ Reasonable action or conduct by an employer, manager or supervisor that is part of his or
her normal work function would not normally be considered workplace harassment.
Examples could include changes in work assignments, scheduling, job assessment and
evaluation, workplace inspections, implementation of dress codes, performance evaluation,
performance management, and disciplinary action.
ƒ Differences of opinion or minor disagreements between co-workers would also not generally
be considered workplace harassment.

Workplace Discrimination is:

Distinguishing between people based, even partly, on a person’s actual or perceived inclusion, (or
their association with others who are included), in a group which is protected under Human Rights
law, or applying a requirement, qualification or factor that results in the exclusion, restriction or
preference of a group of people who are identified by a protected ground of discrimination, unless
otherwise lawfully justifiable.

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Prohibited Grounds under Human Rights Law include:

Race, Ancestry, Place of Origin, Colour, Ethnic Origin, Citizenship, Creed, Age, Record of
Offences, Marital Status, Same Sex Partnership, Family Status, or Disability.

Record of offences refers to a conviction for:

ƒ an offence of which a pardon has been granted under the Criminal Records Act (Canada)
and has not been revoked; or
ƒ an offence in respect of any Provincial enactment.

Workplace is:
Any land, premises, location or thing in, on or near to where a worker works. A workplace could be
a building, a mine, a construction site, an open field, a road, a forest or even a beach. Each
workplace will have its own unique attributes and risks.

Roles and Responsibilities

The Employer will:
• Understand and uphold the principles of the Workplace Violence, Harassment and
Discrimination Policy;
• Communicate, promote awareness and reinforce this policy, as well as this program, to all
employees, contractors, clients and visitors;
• Post the policy in visible and accessible locations;
• Act proactively in preventing violence, harassment and discrimination through practices that
establish and maintain a healthy working environment;
• Provide a respectful workplace for all of its employees;
• Provide a workplace with a zero tolerance towards violence, harassment and discrimination;
• Conduct workplace violence hazard assessments to determine whether the nature of the work
or the work environment places, or may place, employees at risk of violence;
• Consult with, or report to, employee groups such as Human Resources, Health & Safety,
Security, and the Joint Health & Safety Committees (JHSCs), where appropriate, in conducting
hazard assessments, and developing practical steps to minimize or eliminate identified risks;
• Take all reasonable and practical measures to minimize or eliminate risks identified through the
hazard assessment process, workplace inspections, or the occurrence of an incident;
• Make every effort to provide a resolution to any incident of harassment or discrimination in a
timely, fair, impartial, professional and confidential manner;
• Respond promptly to all reports of violence, address immediately all incidents of workplace
violence, and not condone or permit any behaviour contrary to this policy and associated
procedures;
• Conduct further hazard assessments at intervals of time appropriate to the specific conditions
and circumstances of the work environment and jobs performed;
• Ensure that all known incidents of workplace violence are investigated to the extent appropriate
based on the nature of each incident and the actual or potential threat it posed to worker safety:
ƒ Consult with other parties (e.g., Security, Health & Safety, EFAP, Human Rights,
jurisdictional police services, JHSCs), as appropriate;
ƒ Take all reasonable and practical measures to minimize or address risks identified by the
incident; and

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ƒ Document the incident, its investigation, and corrective action taken.

• Take all reasonable and practical measures to protect workers, acting in good faith, who report
or act as witnesses to workplace violence, harassment or discrimination, from reprisal or further
exposure to violence, harassment or discrimination;
• Promote and restore a respectful work environment before, during and after any incidents or
conflicts covered under this policy and its associated procedures;
• Establish a process for reporting, investigating, documenting, and debriefing incidents of
violence, harassment and discrimination;
• Review annually, in conjunction with review of hazard assessments, the effectiveness of actions
taken to minimize or eliminate workplace violence, harassment and discrimination, and make
improvements to procedures as required.

Supervisors will:
• Ensure employees work in the manner and with the protective devices, measures and
procedures required by the jurisdictional Occupational Health and Safety Act and its
regulations;
• Advise a worker of the existence of any actual or potential danger to the health or safety of the
worker of which the supervisor is aware;
• Take every precaution reasonable in the circumstances to protect the workers.

The Joint Health & Safety Committees will:

• Review the Workplace Hazard Assessment results and provide recommendations to
management to reduce or eliminate the risk of violence.

Employees will:
• Make themselves aware of this policy and work in compliance with this policy and established
procedures;
• Not engage in or ignore violent, threatening, intimidating or other disruptive behaviours that are
known or ought reasonably to be known to be unwelcome;
• Report promptly to their supervisor, or the appropriate alternative listed in this document, any
incident where the employee is subjected to, witness to, or has knowledge of workplace
violence, harassment or discrimination, or has reason to believe that workplace violence may
occur;
• Report any alleged or perceived contravention of the jurisdictional Occupational Health & Safety
legislation, Human Rights legislation, or this policy to the Supervisor, Human Resources
Business Partner (HRBP), or other member of management;
• If an employee feels they are being harassed or discriminated against, based on the prohibited
grounds as defined in this document (or any other jurisdictional human rights or other
legislation), the employee will, whenever possible, make their objection clear to the offender,
either verbally or in writing, that they are offended and that the behaviour must stop
immediately;
• If an employee feels they are being harassed or discriminated against, based on the prohibited
grounds as defined in this document (or any other jurisdictional human rights or other
legislation), the employee will report concerns to their supervisor or the appropriate alternative
listed in this document, without fear of reprisal or retaliation.

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Workplace Violence, Harassment and Discrimination Program

The Joint Harassment & Discrimination Committee will, where a collective bargaining
agreement stipulates, and when a complaint of harassment or discrimination meets the definition of
harassment or discrimination under the applicable Human Rights Code:
• Initiate a formal investigation that includes interviewing the respondent, the complainant,
witnesses and other persons named in the complaint;
• Inform both the complainant and the respondent of the status of the complaint;
• Present findings and recommendations to the Company and the appropriate Union official (in
workplaces that have a joint committee with a union or an employee association)

Risk Assessment Protocol

The purpose of the risk and hazard assessment is to identify whether a risk of violence exists due
to the work environment or the nature of the work performed by employees. This includes a review
of identified concerns, history of past incidents, work environment, work conditions, physical work
environment, as well as training, notification and response protocols. Once identified, risk factors
are evaluated, prioritized and addressed through establishing controls, in order to eliminate or
reduce the potential risk to as low as reasonably achievable.

The risk assessment is conducted, and repeated as required, by a cross-functional team appointed
by the Company. The team members will be, wherever possible, specific to the workplace location
and, wherever possible, will include representation from Health & Safety, Security, and a member
of management responsible for the workplace location. Upon completion of the risk assessment
exercise the Team, in combination with representation from Human Resources, will complete a
Risk Assessment Report. A copy of the report will be provided to the Joint Health and Safety
Committee, where one exists, and it will be kept in accordance with the record keeping protocol.

The risk assessment process consists of the following:

1. Review of Past Incidents

Past behaviour is often an indicator of potential future behaviour. Therefore, a review of past
incidents involving violence, including threatened violence, will be conducted upon the launch of
this program, and whenever required due to significant incidents or changes in the workplace.
Human Resources will collect, review and analyze the information.

In order to identify risk factors that may be associated with the geographical location of the
workplace, Human Resources will conduct research specific to the location of the workplace.
This includes crime and violence statistics associated with the industry and type of work
performed at the workplace (e.g., other mining companies, office buildings, etc), as well as
crime and violence statistics associated with the geographical location, both on a macro and
micro level (e.g., Canada, Ontario, Sudbury will be reviewed when assessing risk at Garson
Mine). This information can be obtained through Statistics Canada and local police services.

The results of this review, including risks identified and actions taken to reduce the risk to as
low as reasonably achievable, will be included in the Risk Assessment report.

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2. Assessment of Work Conditions & Work Environment

Using the Risk Assessment Inspection Sheet, found in the Risk Assessment Report Template
(for more information on the risk assessment forms, please see an HRBP), the team (appointed
by the Company and described above) will assess the risk of workplace violence upon the
launch of this program, and whenever required due to significant incidents or changes in the
workplace.
• Risk factors will be identified and controls will be put in place to eliminate or reduce
the risk to as low as reasonably achievable. In the event that a specific incident or
immediate threat of violence is identified, immediate action as per the response and
investigation protocols will taken by the team.
• A report on the inspection results and actions taken are included in the Risk
Assessment report, and provided to the Joint Health and Safety Committee where
one exists.
The risk assessment process and tools are intended to proactively identify immediate and potential
risks of workplace violence. However, when risk factors or evidence of violence, harassment or
discrimination as defined by the policy are identified outside of the risk assessment process, all
reasonable actions will be taken as per the protocols described in this document.

Implementation of Controls
Where workplace violence hazards (including potential hazards) are identified, evaluation and
implementation of appropriate controls are required to ensure reasonable measures are taken to
reduce or eliminate the hazard. Wherever possible, where a hazard is identified, consideration to
reorganize work will be made. If removal of the risk is not feasible with work organization changes,
efforts to minimize the remaining risks will be done through security improvements and staff
training.

The following list of work organization improvements are for consideration. The list is not
considered exhaustive, nor does any one hazard necessitate implementation of all measures
listed.

Work organization considerations:

• Are the duties that create a safety risk necessary? Can modification or elimination of these
duties be made?
• Are work procedures developed?
• Are staff trained in work procedures?
• Is there sufficient staff coverage during times of high risk?
• Can work crews be coordinated to be in close proximity to one another in high risk areas or
during high risk times?

Whenever the team identifies a risk factor, and determines the risk factor is significant enough to
require action, the plant manager (or the member of management responsible for the location) is
responsible for ensuring a suitable action is taken (i.e., a control). The plant manager (or the
member of management responsible for the location) may solicit the assistance and/or advice of a
subject matter expert such as a representative from the occupational medicine field, safety,

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security or other. All corrective actions taken in addressing violence risk factors must be
documented in the risk assessment report.
Prevention Measures & Training
The Company is responsible for establishing preventative measures to eliminate or reduce the risk
of workplace violence to as low as reasonably achievable, as well as to prevent and/or address all
incidents of harassment and / or discrimination in the workplace. The measures currently in place
include:
• Joint Health & Safety Committees (at some Company sites / workplaces)
• Joint Harassment & Discrimination Committees (at some Company sites / workplaces)
• This program and its associated processes for reviewing employee concerns of workplace
violence, and risk factors associated with geographical location and type of work
• This program and its associated processes for identifying and reducing workplace violence risk
factors (a process that involves a cross-functional team appointed by the Company)
• A National Workplace Violence, Harassment and Discrimination Policy that promotes respect in
the workplace and communicates a zero tolerance approach to handling violence in the
workplace – posted in a visible location in every workplace (e.g., in the employee entrance
area, and/or in the First Aid room, lunch room) or can be viewed by consulting with the Human
Resources representative)
• On-site Security at many Company sites, controlled access to many Company workplaces,
video surveillance of many of our public areas in the workplace, and established emergency
procedures
• Employee Family Assistance Program – available to all permanent employees
• Established procedures for reporting, investigating, and resolving incidents of workplace
violence, harassment and discrimination
• Well established hiring practices that include a complete background check

Training:
Every employee receives training on the Workplace Violence, Harassment and Discrimination
Policy and Procedures at the time of hire (new employee orientation). Employees working at the
Company at the time of the launch of this policy and program will attend a mandatory training
session.

In addition to the employee training session, all who supervise or manage people will attend a
mandatory session that focuses on the responsibilities and obligations of supervisors in handling
workplace violence, harassment and discrimination.

Contractors are provided with the Workplace Violence, Harassment and Discrimination training
prior to commencing work. The content is consistent for all contractors, but the delivery method
may vary from site to site.

Warning Signs
Prevention of workplace violence, as well as harassment and discrimination, is critical to a
supportive, safe and productive workplace. All employees are encouraged to take the appropriate
preventative steps to minimize the risk of escalating workplace violence.

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Negative changes in an employee’s workplace behaviour, that are exhibited cumulatively over
time, and that potentially impact on health and safety, must be reported and addressed in
accordance with the reporting procedures.

There are warning signs recognized by experts as indicators of potential problems in the
workplace. All employees should be aware of these indicators, and inform a supervisor or HRBP if
these behaviours are witnessed. Keep in mind; these factors are to be used as a guide only and
do not always mean that there is a real concern. They should be looked at in totality, taking the
employee’s personality into account, considering whether the signs are part of a noticeable change
in the employee’s behaviour. It is a violation of this policy and program to knowingly use this guide
vexatiously or frivolously.

Acts and behaviours (potential for violence) that require immediate (emergency)
intervention:
• Expressing a wish to harm fellow employees or others, including death threats
• Sabotage or destruction of Company equipment or property, or that of other employees
• Sending sexual or violent notes or emails to management or fellow employee(s)
• Physical altercations in the workplace or at work-related social events including sexual or
physical assault
• Bringing a weapon or imitation weapon into the workplace
• Threat or indication of suicide
• Stalking of/or by employees
For additional warning signs that there may be a potential for violence in the workplace, including
domestic violence, please see Appendix A and Appendix B.

Warning signs of harassment in the workplace:

Unless harassment is observed while taking place, or a complaint is made, harassment may go
unnoticed in the workplace. However, some indicators of possible harassment include:
• Displays of pin-up pictures and/or other material that is offensive, such as derogatory graffiti
• Repeated dismissals of different employees by a particular supervisor
• Frequent absenteeism, general symptoms of stress, low productivity by usually productive
employees
• Refusals to work with certain employees
• Practical jokes that demean
• Rumors

Work Refusals
In some jurisdictions, a worker can refuse to work if he or she has reason to believe he or she may
be endangered by workplace violence. However, work cannot be refused on the grounds of
workplace harassment.

Jurisdictional Health and Safety legislation sets out a specific procedure that must be followed in a
work refusal. It is important for workers, employers, and supervisors to understand and follow
those procedures. Knowing the warning signs, the risk assessment process, and the complaint

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process can help workers, supervisors and employers address workplace violence concerns before
they escalate to work refusals.

Confidentiality & No Reprisals

The identity of complainants, respondents, and the nature of complaints will be kept confidential to
the extent possible. All parties must make every effort to maintain confidentiality throughout the
complaint, investigation, and resolution processes.

Persons with a history of violence:

Employers and supervisors must provide workers with information, including personal information,
related to a risk of workplace violence from a person with a history of violent behaviour when:
• the worker can be expected to encounter the violent person in the course of his or her
work; and
• the risk of workplace violence is likely to expose the worker to physical injury.

Employers and supervisors must not disclose more information than is reasonably necessary for
the protection of a worker from physical injury. Only personal information that is necessary to
protect the worker from physical injury should be disclosed. Supervisors should contact Human
Resources if this arises.

Reprisal and Retaliation:

Employees who feel they are victims of workplace violence, harassment or discrimination have a
right and a responsibility to report concerns to their supervisor, a HRBP, or another member of
management, without fear of reprisal or retaliation. Retaliation or reprisal is considered a serious
breach of this policy. Any employee who retaliates in any way against a complainant, a
respondent, or a person who has given evidence in an investigation, will be subject to discipline up
to and including dismissal.

Protocol for reporting violence or complaints of potential violence

1. Potential Violence:
Regardless of the source, all indications of potential violence, including threats, should be taken
seriously and reported. Violations of the zero tolerance policy should be reported as indicated in
this policy.

Warning Signs that Violence May Occur

An employee who is concerned that another’s behaviour is likely to lead to an incident of workplace
violence, which could pose a threat to health and/or safety, is required to immediately contact
Protection Services or, if the location does not have on-site security, their supervisor, the HRBP, or
another member of management. The Company representative, who receives the complaint, will
contact the Rapid Response Team (see below). The manager of the area involved and Human
Resources will work together in addressing all complaints of potential workplace violence.

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2. Rapid Response / When Workplace Violence Occurs

When violence, or a threat of violence occurs, that has or could result in injury to a person:
• Make a scene, scream or yell – shout words like “Stop!” or “Help!”
• If you are being pulled or dragged, fall to the ground and roll
• Blow a whistle, activate an alarm or other device that would attract attention
• If you are in a public area, give others specific instruction to help you (e.g. “You in the yellow
shirt – call the police.”)
• Call Protection Services or the local police immediately after the incident. For locations that
have internal Protection Services, the Protection Services Officer / representative will call the
police, the Rapid Response Team, and any other emergency services required
• Report the incident to your supervisor, another member of management, or the HRBP as soon
as possible (i.e., immediately after contacting Protection Services or local police)
• If you are witness to violence, immediately contact Protection Services or local police and report
the incident to your supervisor or the HRBP

Rapid Response Intervention Team

An effective workplace violence program must have a mechanism to be able to detect potential
violence before it occurs and cause an intervention. In order to ensure that immediate triage can be
conducted, any potential of workplace violence must be reported as soon as it is suspected. A
rapid response team will immediately conduct a threat assessment of the potential for violence
occurring based on the specific circumstances of any reported situation. Further action to be taken
will be based on this risk triage.
Rapid response teams will be appointed at each business unit. For more details on the Rapid
Response Intervention Team, please refer to Appendix C.

Emergency Response: The emergency response plan is activated if there is catastrophic

workplace violence.

Protocol for reporting complaints of Harassment and/or Discrimination

It is important to understand that workplace harassment may escalate to threats or acts of physical
violence, or a targeted worker may react violently to prolonged harassment in the workplace. As
such, it is important for all employees to recognize these behaviours and to deal with them. In
addition, both harassment and discrimination can have devastating, long-term effects on the victim
if not properly managed. This policy provides victims (or perceived victims) of harassment or
discrimination (hereinafter referred to as the Complainant) with the guidelines necessary to seek
resolution and reparation.

If you believe you have been subjected to harassment and/or discrimination:

• If possible, advise the alleged offender, (hereinafter referred to as the Respondent) in person or
in writing, that the behaviour and/or action is unacceptable, unwelcome and offensive and that
further similar episodes of such behaviour will not be tolerated;
• Keep comprehensive documentation of the event(s) such as time, date, locations, and names
of witnesses and details of the event;

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• Always be respectful in your approach to remedying an already uncomfortable situation and

only address the behaviour or the action of the Respondent;
• Be open to feedback – it may provide you with a broader information base and explanation as
to what prompted the Respondent to behave or act unacceptably.

If unwarranted behaviour persists after the Respondent was told to stop, or if the Complainant is
not comfortable in approaching the Respondent directly, the Complainant is to:
• Report the complaint to his/her supervisor, next level of management, or HRBP (whenever
possible within 90 days);
• The complaint may be done orally or in writing, but a detailed review of the events will be
required in order that a proper investigation can commence.
At any point during the complaint procedure, the Complainant is free to file a complaint with the
applicable government Human Rights authority.

Protocol for Investigating Incidents and Complaints of Workplace Violence

When warning signs have been observed / reported:
The member of management and/or Human Resources who receives a complaint of a potential for
workplace violence will:
ƒ Contact Protection Services, if applicable, or the Rapid Response Team, and/or other
professionals as required, to have an assessment done in determining level of risk for
workplace violence with the information immediately available.
ƒ Contact the employee’s supervisor, the HRBP, and/or other member of management as
appropriate (this may include a representative from the occupational medicine field) to
review the information received.
ƒ The HRBP and the supervisor, and/or the next level of management if appropriate, and a
Protection Services Representative if applicable and appropriate, will meet with the reported
victim (if there is one), any witnesses, and the reported Respondent to discuss the incident
or behaviour, clarify expectations, and enable the reported Respondent to provide an
explanation.
ƒ Management and the HRBP will then determine next steps based on the information
gathered.

When workplace violence occurs:

ƒ The Rapid Response Team, and/or police if appropriate, are contacted immediately.
ƒ The representative from the Rapid Response Team and/or the police will determine the
appropriate immediate course of action with regards to the perpetrator(s), or reported
perpetrator(s) of workplace violence. This may include, but is not limited to: removing the
employee from Company property, removing the employee from the immediate area, or
contacting the police for immediate assistance if warranted.
ƒ The supervisor (or next level of management) of the reported perpetrator(s) of workplace
violence, and the HRBP must be contacted as soon as reasonably possible.
ƒ The HRBP and the supervisor, and/or the next level of management if appropriate, and a
Protection Services Representative if available and appropriate, will meet with the reported

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victim(s), any witnesses, and the reported perpetrator(s) if appropriate to gather information
about the incident required to determine next steps.

Where and when required by law, and/or when the Company determines it to be best practice,
management will include a Joint Health and Safety Committee in the investigation of a workplace
violence incident.

Protocol for Investigating Complaints of Workplace Harassment and/or Discrimination

Harassment and/or Discrimination

Any employer who is made aware of a complaint of harassment or discrimination must take action
to address the concern. If it is found that a member of management was made aware of an act of
harassment or discrimination and failed to take appropriate action to correct and resolve the
situation, he/she can be held liable under the Human Rights Code and Company Policy.

Employers must ensure the following steps are followed:

• Upon receipt of a complaint that is, or appears to be, based on a prohibited ground under the
jurisdictional Human Rights Code, the member of management will immediately inform the
HRBP (if the HRBP did not receive the complaint).
• Upon receipt of a complaint that is, or appears to be, based on a prohibited ground under the
jurisdictional Human Rights Code, the HRBP will immediately inform the Human Resources
Manager, and a Harassment Complaint Representative when required by a collective
bargaining agreement.
• The HRBP , and the designated Harassment Complaint Representative if applicable or the
supervisor, must inform the Respondent of the nature of the complaint that has been lodged
against him or her, and that an investigation will be conducted on the matter.
• The Employer must deal with the complaint promptly, must treat the complaint seriously, and
must maintain confidentiality to the extent possible.
• The Investigation Team, consisting of the HRBP and a management representative, or the
HRBP and designated Harassment Complaint Representative if applicable (referred to as the
Joint Investigation Team), will initiate an investigation that may include interviewing the
Respondent, the Complainant, witnesses and other persons named in the complaint.
• Whenever possible, meetings will be held in a neutral location, recognizing the need to maintain
confidentiality.
• Any relevant documentation may be reviewed.
• If, after completion of a thorough investigation, a harassment or discrimination complaint can
neither be proved nor disproved in the view of the investigators, the complaint is dismissed.
• The Investigation Team, or Joint Investigation Team where applicable, will inform both the
Complainant and Respondent of the status of the complaint.
• Upon completion of the investigation, the Investigation Team, or Joint Investigation Team where
applicable, will present their findings and recommendations to the Manager of Human
Resources, who will take the recommendations into consideration.
• If the Investigation Team establishes a valid complaint of harassment or discrimination, the
Company will take appropriate corrective action against the Respondent.

Canada 13
Date Reviewed: June 15, 2010
Workplace Violence, Harassment and Discrimination Program

• The Company will render its decision to the Complainant and Respondent, the Joint
Investigation team where applicable, and the union where applicable.

Complaints originating from the Human Rights Authority:

On receipt of a complaint from the jurisdictional Human Rights authority, proceed as indicated:
• Forward the original copy of the complaint to the Manager of Human Resources and, if
applicable, to the applicable union official or their designate;
• The Human Resources Manager or designate will be responsible for all dealings with the any
Human Rights authority.
• The Manager of Human Resources will appoint a representative to conduct the investigation,
based on the above process.

Remedies, Resolution & Corrective Action

When the workplace becomes compromised, it is imperative that remedial action be initiated. The
Company will make every reasonable effort to remedy the effects of the violence, harassment or
discrimination in the workplace.

Remedies are intended to:

• Restore the employees’ dignity (e.g., a written or verbal apology by the offender, acknowledging
the employees’ negative experience by offering supportive comments and behaviour).
• Restore the workplace to ensure the normal daily work routine continues and to promote a safe
environment conducive to good working relationships between employees; with the goal of
eliminating violence, harassment and discrimination altogether. This can be achieved by
actively supporting employees’ efforts and worth in the workplace and by educating employees
of their rights and responsibilities thereby allowing them to better communicate and resolve
their own conflicts.

Corrective Action:
If an investigation establishes a valid complaint of violence, harassment or discrimination, the
Company will take appropriate corrective action.

Each incident will be reviewed on an individual basis with the level of corrective action depending
upon the seriousness of the incident and other relevant factors, including but not limited to:
culminating incident, collective bargaining agreements, and legislation.

Incident follow-up procedures

If it is found that a complaint of violence, harassment or discrimination has been fabricated and
was lodged with malicious intent, appropriate disciplinary action will be taken by the Company
against the initiator of the complaint.
If an incident of violence occurs in the workplace, the Company will ensure that the follow up is
carried through, which may involve:
• Employee communications to reassure employees that effective measures were carried out to
address the issue or incident and to reinforce the message that workplace violence is not
condoned.
• Meetings with work groups and/or individual employees.

Canada 14
Date Reviewed: June 15, 2010
Workplace Violence, Harassment and Discrimination Program

• Critical incident debriefing for serious incidents.

• Counseling.
• Repeat the risk assessment process for the workplace in which the violence occurred
• Other measures as appropriate

Record Keeping
• A current copy of the policy and program will be visible and available for all employees to view,
in every workplace
• The Manager of Human Resources will maintain a record keeping system for all workplace
assessments, workplace assessment reports, complaints, incidents, investigations and
remedies
• All records pertaining to the Workplace Violence, Harassment and Discrimination program will
be kept indefinitely

Review of the Policy and Program

The Workplace Violence, Harassment and Discrimination Policy and Program will be reviewed by
the Company on an annual basis. Adjustments will be made where necessary and as required.

Should circumstances require it, the Company will conduct a review of the Workplace Violence,
Harassment and Discrimination Policy and Program, more frequently than annually.

Canada 15
Date Reviewed: June 15, 2010
Appendix A

Warning signs of potential violence:

History of Violence • Fascination with weapons

• Demonstrates violence towards inanimate objects
• Evidence of past violent behaviour
Threatening • States intention to hurt someone (verbal or written)
Behaviour • Holds grudges
• Excessive behaviour (phone calls, gift giving, etc.)
• Escalating threats that appear well-planned
• A preoccupation with violence
Intimidating • Argumentative
Behaviour • Exhibits unwarranted anger
• Easily frustrated
• Uncooperative
• Impulsive
• Challenges co-workers and management
Increase to Personal • An unreciprocated romantic obsession
Stress • Serious family or financial problems
• Recent or upcoming job loss
• Significant, unexplained quality of work
Interpersonal • Suspicious of others
Difficulties / low self • Believes he/she is entitled to something
esteem • Cannot take criticism
• Feels victimized
• Shows a lack of concern for the safety and well-being of others
• Has low self-esteem
• Blames others for own problems or mistakes
Marked Changes in • Extreme or bizarre behaviour
Mood or Behaviour • Irrational beliefs and ideas
• Appears depressed
• Expresses hopelessness or heightened anxiety
• Demonstrates a drastic change in belief systems
• Marked decline in work performance
• Repeated upsetting phone calls
Social Isolation • History of negative interpersonal relationships
• Few friends or family
• Sees the company as a ‘family’
• Has an obsessive involvement with his/her job
Substance Abuse • Exhibits signs of alcohol or substance abuse
Appendix B

Recognizing the signs of domestic violence:

The victim may: • Try to cover bruises
• Be sad, lonely, withdrawn, and afraid
• Have trouble concentrating on a task
• Apologize for the abuser’s behaviour
• Be nervous with the abuser is in the workplace
• Make last-minute excuses or cancellations
• Use drugs or alcohol to cope
• Miss work frequently or more often than usual

The abuser may interfere • Repeatedly phoning or emailing the victim

with the victim while at • Stalking and/or watching the victim
work by: • Showing up at the workplace and pestering co-workers with
questions about the victim (where is she? Who is he with? When
will she be back?)
• Displaying jealous and controlling behaviours
• Lying to co-workers (she’s sick today, she’s out of town, etc.)
• Threatening co-workers (if you don’t tell me, I will…)
• Verbally abusing the victim or co-workers
• Destroying the victims’ or the organization’s property
• Physically harming the victim and/or co-workers

The abuser may attempt • Interfering with transportation by hiding or stealing the victim’s
to prevent the victim car keys or transportation money
from getting to work by: • Hiding or stealing the victim’s identification cards
• Threatening deportation in a situation where the victim is
sponsored
• Failing to show to care for children
• Physically restraining the victim

What you can do to help • Talk to the victim privately about what you or others have seen.
when a worker is a Express concern for the worker’s safety.
victim of domestic • Provide information about our EFAP program and provide a copy
violence? of the booklet Domestic Violence Doesn’t Stop When You Come
to Work: How to get Help or Support a Colleague who Need Help
(attached)
• Offer to assist with calling the police. When violence has
occurred in the workplace, or if you are concerned for the
immediate safety of a worker, call the police.
Appendix C

Rapid Response & Investigation Team

RRIT Membership: The rapid response teams must be able to activate immediately and
therefore membership must be kept to an absolute minimum. Each member must be trained in
this assessment triage process.

Each location will have a team consisting of representation from: Protection Services (at
locations that have an internal security department), Safety (which can include a certified
management member of a Joint Health and Safety Committee if the location does not have an
internal safety department), Human Resources, and front-line management (i.e. Supervisor(s).
For Company sites that do not have one or more of the above representatives, the Company
will appoint the appropriate individuals.

RRIT Role: The role of the RRIT is to quickly assess the real potential of violence in the
workplace for any reported situation and to determine and execute any measures that might
be judged necessary for immediate intervention to ensure the safety of everyone.

These measures could include immediate isolation and removal of the threatening person
from the work place, to a decision that no violence is likely and therefore no immediate
intervention is required. (In all cases, the event will be referred to Human Resources for a
complete follow-up investigation and subsequent recommendations.)

The role of the RRIT is not to find a solution to any potential problem but rather to take any
immediate mitigation steps considered necessary to keep the workplace safe.

RRIT Activation: If any employee has knowledge of, or suspects violence in the workplace
they are to call Protection Services immediately. Protection Services will then call out the
RRIT for that location.

RRIT Process: Once activated, the RRIT will immediately convene and conduct an
assessment of the situation to determine the appropriate course of action. This assessment
will determine whether the potential for violence is imminent, high, moderate, or low:
• Imminent Risk; assessment concludes that there is a strong and probable risk of
violence requiring immediate intervention.
• High & Moderate Risk; assessment concludes that there is a potential for violence
however not immediate.
• Low Risk; assessment concludes there is little or no potential of violence in the
workplace.

Imminent Risk: must take immediate steps to remove the threat. This may include calling
the police, removing the threatening employee and or the potential victim.
High Risk: mitigations would include involving Security & may include calling the police.
May also include removal of the employee from property or immediate work area. A
decision regarding the “duty to warn” will also be made.

Moderate Risk: mitigations could include increased supervision, altered working

arrangements and referral for assessment through the Occupational Health Department.

Low Risk: refer to Human Resource Representative and immediate supervisor.

 Appendix C

Threat Identified
(Observed or Reported)

Report to Supervisor or PSO

Supervisor or PSO Activates RRIT

Triage by RRIT
Is there Imminent Risk?
(Violence, weapons, serious threats)
YES
NO

IMMEDIATE ACTION REQUIRED by RRIT

Employee removed from area/property
Contact Police, Security RRIT Convened
Gather info, assess
risk level and make recommendations

Employee assessed
by Occupational
Health

Discuss at RRIT
Meeting & Evaluate
Employee High Moderate Minimal/Low
Risk Risk Risk

Decision Made • Assess

Termination • Minimal • Report
Discipline Security • Document
RTW with no intervention • Removal or
or set conditions restrictions
(enhance security & • Assessed by
monitor) • Security & Occ Health
Police • Discipline
• Consider procedure
removal of • Monitor &
employee Follow up
Follow up with RRIT to • Duty to
discuss outcome warn?
• Assessed by
Occ Health
• Discipline
Procedure
• Monitor &
follow up
Appendix D
Violence or Threat

PSO:
Victim or Witness:
Circumstances and/or CBA
HRBP informs HR
Call police if required will dictate JHSC
Call for help Manager
Call RRIT involvement
Call PSO or Police
Call HRBP & Manager

RRIT and/or Police:

Assess immediate risk
Manager & HRBP
Take required immediate action
Conduct Investigation
Advise HRBP & Manager of appropriate next
steps

Manager (or other member of management)

& HRBP close investigation with all parties
Appendix E

Perceived Harassment or Discrimination

HRBP & Supervisor:

Complainant: Complainant or Witness: j Review complaint/facts
HRBP informs HR
Inform the individual that it is Report to Supervisor or j HRBP informs Joint
Manager
unwelcome HRBP Investigation member (if
required under CBA)

HRBP & Supervisor (or other member of management),

conduct full investigation
Supervisor & HRBP close
OR investigation with the
complainant & respondent
YES HRBP & Joint Investigation Member (if required) conduct full
Do the facts indicate
investigation OR
Harassment or
Discrimination under
HRBP and Joint Investigation
Human Rights?
NO Member close the investigation
with the complainant &
HRBP & Supervisor (or other member of management), respondent
conduct full investigation
 Potential Corrective Action
Investigation Report

Employee Information

Name
Serial Number
Classification
Department
Current Discipline Step
Reason for disciplines on file

Supervisor Information

Supervisor Name
Supervisor Serial Number
Manager Once Removed Name

Situation

Who:

What:

When:
Situation Continued
Where:

Why:

Additional
Comments:

Employee Input