Violence in the Workplace

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We all like to think of ourselves as being safe and secure while at work, protected from all forms of violence and aggression. However, wherever people interact there is potential for violence. It is important for workplaces to develop a clear understanding of what workplace violence is, the consequences of workplace violence, and determine preventive measures that can be taken.

In Prince Edward Island, violence is defined as “the threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury.” [OHS General Regs., S. 52.1]

Employer Duties

Employers must assess the risk of violence for their workplace by conducting a risk assessment. The risk assessment will include an evaluation of: [OHS General Regs., S. 52.2]

  • any previous episode or experience with violence at that workplace (e.g., has the workplace been robbed in the past, experienced unpredictable behaviour by clients, etc.);
  • the experiences of violence at other similar workplaces (e.g., have other organizations like yours experienced violence?); and
  • the location and circumstances were the work takes place (e.g., consider factors such as hours of operation, lighting, security, type of work done, products available (drugs, money, alcohol, etc.), number of staff on shift, etc.).

If a worker is at risk of experiencing violence, the employer must establish procedures, policies and arrangements to either eliminate or minimize the risk. Employers must also establish mechanisms for reporting, investigating and documenting incidents of violence in that workplace. [OHS General Regs., S. 52.3] These procedures, policies and arrangements are the controls needed to keep the workplace safe. Examples include using electronic surveillance, physical barriers, adequate lighting, reporting procedures, buddy systems, and training workers on how to respond to a situation.

Employers must also: [OHS General Regs., S. 52.4] [OHS General Regs., S. 52.5]

  • inform workers about the nature and degree of risk;
  • unless not allowed by law, inform workers about persons who have a history of violent behaviour and who may interact with that worker;
    • instruct workers on how to:
    • recognize the potential for violence; and
    • follow the procedures, policies and arrangements of that workplace.
  • respond appropriately to incidents of violence, including how to get help; and
  • make sure that any worker who reports an injury or symptom that results from workplace violence is encouraged to consult a physician of the worker’s choice for treatment or referral.

More information is available in the Guide to the Prevention of Workplace Violence.

Worker Responsibilities

Workers should:

  • Report violent incidents to their employer as soon as possible.
  • Follow the procedures, policies and arrangements as required.

General Regulations
EC180/87

Part 52 VIOLENCE IN THE WORKPLACE

Section 52.1 "violence", defined

52.1 In this Part, "violence" means the threatened, attempted or actual exercise of any physical force by a person other than a worker that can cause, or that causes, injury to a worker, and includes any threatening statement or behaviour that gives a worker reasonable cause to believe that he or she is at risk of injury.

[EC2006-43, s. 5]

Section 52.2 Risk assessment of workplace

52.2 (1) An employer shall conduct a risk assessment of the workplace to determine whether or not a risk of injury to workers from violence arising out of their employment may be present.

(2) A risk assessment under subsection (1) shall include a consideration of

(a) previous experience of violence in that workplace;

(b) occupational experience of violence in similar workplaces; and

(c) the location and circumstances in which the work will take place.

[EC2006-43, s. 5]

Section 52.3 Risk identified

52.3 If a risk of injury to a worker from violence in a workplace is identified by an assessment under section 52.2, the employer shall establish procedures, policies and work environment arrangements

(a) to either

(i) eliminate the risk of violence to workers in that workplace, or

(ii) if elimination of the risk is not possible, minimize the risk of violence to workers in that workplace; and

(b) to provide for reporting, investigating and documenting incidents of violence in that workplace.

[EC2006-43, s. 5]

Section 52.4 Inform workers of risk

52.4 (1) An employer shall inform workers who may be exposed to the risk of violence in the workplace of the nature and extent of the risk.

(2) Unless otherwise prohibited by law, the duty to inform workers under subsection (1) includes a duty to provide information related to the risk of violence from persons who have a history of violent behaviour and who may be encountered by a worker in the course of his or her work.

(3) An employer shall instruct workers who may be exposed to the risk of violence in

(a) the means of recognition of the potential for violence;

(b) the procedures, policies and work environment arrangements developed under section 52.3; and

(c) the appropriate response to incidents of violence in the workplace, including how to obtain assistance.

[EC2006-43, s. 5]

Section 52.5 Consult physician

52.5 An employer shall ensure that a worker who reports an injury or adverse symptom resulting from workplace violence is advised to consult a physician of the worker's choice for treatment or a referral.

[EC2006-43, s. 5]