While the duties and responsibilities of this role can be found in the appropriate Job Descriptions, there is also another document titled “The Roles and Responsibilities of Teachers and Teacher Assistants/Education Assistants”.  This “Joint Paper” is a result of an ongoing commitment between CUPE and BCTF to establish a co-operative, and respectful working relationship for those staff who work hands on with special needs students and it is also a document that our Employer will reference when questions arise regarding expectations of these two parties in the workplace.

But nowhere in the Job Description, the Joint Paper, School District No.33 (Chilliwack) Policies, or the BC School Act, the BC Employment Standards Act, and any other piece of legislation could we find where it states that if you hold the title of an Education Assistant that you are expected to tolerate verbal abuse and violent attacks by students in the workplace.

If you or someone you work with has been told that “This is the job you signed up for” or “It’s part of your job, so deal with it” when you are reporting on workplace violence or expressing concerns over the inappropriate behaviour or conduct by a student, please contact an elected Union Representative immediately for assistance.  Your Union has never, and will never, condone this kind of mindset and if you find yourselves in a situation where prompt action is not being taken to protect yourself and/or your co-workers then we want to hear from you so that we can pursue a course of action on our members behalf.

It is also worth taking note of the role that the Ministry of Education plays within School Districts and some of the conditions that both the Ministry and the Districts are responsible for:

• Provision of adequate resources to maintain an appropriate learning environment.
• Availability of a suitable workspace to accommodate the learning activities of those working with students with special needs.
• Access to appropriate information regarding the student, the Individual Education Plan (IEP), as well as techniques and strategies necessary to carry out the respective responsibilities of each in relation to students’ programs.
• Provision of appropriate in-service on instructional and behavioural techniques and strategies.
• Adequate release time for members of the school-based team, and adequate time within the school day for members of the student-specific support team, including the teacher and the teacher assistants, to participate as required in the process of developing, implementing, and monitoring the IEP.

By not following the above can significantly contribute to a negative health and safety culture in the workplace and as such should be addressed at your sites monthly Joint Health & Safety Committee (JOHSC) meetings.  Please contact your CUPE JOHSC Rep and request that your concerns be placed on the Agenda at an upcoming meeting for both discussion and resolve.

In Solidarity

Good Evening Members,

The government has just released an updated document of their COVID-19 Health & Safety Guidelines for K-12 settings.  While the Union does not support some of the statements made in this document based on our own personal experiences and exchanges with members regarding COVID-19.  There are certain criteria that we are required to adhere to while in the workplace, however, there are some things that you are NOT required to do; such as….

• Download the COVID-19 tracker app to your personal cell phone.  Member DO NOT have to do this, by asking you to do this it is not only a violation of your personal privacy, members should never be asked or directed by their supervisor to use their personal cell phones.
• Provide details either in writing or electronically relating to the Daily Self Assessments, any collecting of a members medical information is a violation of their privacy and should never be condoned.
• Be forced to use your sick time or take an unpaid leave if you are required to self-isolate at the direction of a Health Authority. (more information to follow on this)

We have also received some inquiries from members regarding vaccines, and if once a member is vaccinated are they still required to adhere to all of the social distancing, and wearing of PPE.  At this point in time the answer is “Yes”.  The vaccination is simply an attempt to strengthen a persons immune system so that should they become infected with the virus their symptoms will be minimal at best, thus not requiring any emergent hospital care.

Members seeking further clarity to this document, or any other Health & Safety item, are encouraged to email their sites CUPE JOHSC Rep so that the issue(s) can be addressed at your sites next meeting.

In Solidarity

CUPE 411 – School District By-Election Statement – February 2021

The Union feels it is in every member’s best interest to always report when they have experienced an accident or incident in the workplace and we strongly encourage all members to do so.  There are many reasons for this, but the two most important ones are:

• By reporting incidents members have now established a start date should they become symptomatic or begin to experience symptoms as a result of the accident/incident in which case they would be eligible for a WorkSafe BC claim.
• By reporting incidents our Employer is required to investigate the accident/incident and immediately take corrective action to remove the hazard, or at the very least mitigate the hazard to avoid any further harm to you as a worker.

For Example:  A member is assigned to support a student that proceeds to scream in the members right ear, on average for 1 hour, 5 days per week, 180 days per year, for 5 years.  The member expresses concern over this behaviour to their immediate supervisor but never files a report; the supervisor is under no obligation to address the situation and there is no formal documentation to support the members claims.  Over the course of the 5 years the members mental and emotional health has been negatively affected and by year 6 the member’s physical health has been irreversibly damaged. This member has not been eligible for any support through WorkSafe in the short term, nor will they be in the long-term; any and all costs associated with their physical, mental and emotional health as a result of prolonged exposure of a workplace hazard are now the members burden to bear.

Reporting is the only real mechanism that we as Unionized workers have to ensure our health and safety concerns are addressed and by doing so should also result in changes that will benefit others around us in the workplace.

For Example: A member is entering the building, they trip and fall coming through the door as the threshold (door sill) has lifted.  The member immediately completes a WSBC Form 6A, keeps a copy for themselves, gives one copy to their immediate supervisor, and notifies their CUPE JOHSC rep on site.  The supervisor promptly conducts an investigation with a Union rep from the JOHS committee, they identify the hazard and have it promptly corrected.  As a result, no other worker, student, or visitor to the site will potentially trip and fall while entering the school.  The reporting is then discussed at the monthly JOHSC meeting and details are recorded in the minutes; thus clearly indicating the situation was handled swiftly and appropriately from start to finish.

No one can every deny a member’s right to file a report should they experience violence in the workplace, or suffer an incident/accident that they believe could have, or did cause them physical, emotional, or mental harm; to do so is a violation of the law and is actionable.

Members who are unsure what the reporting process looks like are encouraged to join in the Union’s “Saturday Morning Safety Talk” session on February 13^th from 8:30-10:00am via Zoom.  Please email unionoffice@cupe411.ca or text 604-316-9923 with your full name and we will be sure to send you the link to join this session.

In the meantime, if you have any questions or concerns about reporting we would encourage members to reach out to the CUPE JOHSC Rep at their site, or you can always contact an elected Union Rep for assistance.

In Solidarity

All workers in BC have rights and protections afforded to them under a variety of legislative language and negotiated settlements.

The WorkBC website is a great place to start if looking for your basic rights and entitlements here in this province; some of the topics you will find, and the links to direct you to specific information, can be found below:

• Human Rights Code – “Human Rights in BC, What you need to know”
• Employment Standard Act – BC Employment Standards website
• BC Labour Relations Code – A Guide to the Labour Relations Code in BC
• WorkSafe BC – Publications
• Bullying/Harassment – What is it and how can it be addressed? Resource tool kit

For CUPE 411 members you are also afforded additional rights and entitlements that have been reached as a result of negotiated settlements with both the provincial government and our employer.  While we have been anxiously awaiting our July 1, 2019 Collective Agreement to be published, members can still view the old C.A. on-line and if you have questions regarding any new language please email unionoffice@cupe411.ca.

All workers in British Columbia have four basic Health and Safety rights:

1. The Right to Know
2. The Right to Participate
3. The Right to Refuse
4. The Right to NO Reprisal

Not only do employers have a legal obligation to tell workers of any hazards they may encounter in the workplace, workers have the right to participate in the decision making that impacts their health and safety in their workplaces.  Just about all workers have the right to say “No” to dangerous work, and it is illegal for employers to punish workers who are following the OH&S laws in good faith; this includes reporting hazards, participating on a committee, and exercising the right to refuse dangerous work.  No worker should ever fear punishment for exercising their right in protecting their health and safety.

Members that have questions or concerns regarding their workplaces are welcome to contact an Elected Union Representative for additional guidance and support.

In Solidarity

Every worker in this province has the “Right to Refuse Unsafe Work” and is protected under the relevant WorkSafe BC Regulations should they choose to exercise that right.  The Workers Compensation Act, is clear that Employers must ensure the health and safety of all their workers, they must remedy conditions that are hazardous to the health or safety their workers and they also must make their workers aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed to by the work that they do.

Right to refuse unsafe work should not be taken lightly, nor should it be used carelessly.  Members need to educate themselves on the process and must be able to clearly articulate the hazardous condition in so far as it relates to the work they are required to perform in their respective workplace.  However, it is important to know that if you find yourself in a hazardous situation, or can possibly foresee one, then you need to promptly report this to your Supervisor so the situation can be remedied immediately.

WorkSafe BC language surrounding the “Correction of Unsafe Conditions” (Regs; 3.9, 3.10 and 3.11) is important as it allows workers to ensure harmful conditions are remedied without delay.

For Example: If a member witnesses what appears to be an unsafe or harmful condition or act, they are required to report it to their immediate supervisor and the person receiving the report must then investigate and ensure that corrective action is taken immediately.

Failure of an Employer to follow any of the above is all grieveable and/or reportable to WorkSafe BC.

CUPE National has some excellent on-line resources that members can access free of charge on a variety of Health & Safety topics; Refusing Unsafe Work: A step by step guide, Violence Prevention, and Occupational Mental Health.

Members are encouraged to email their sites CUPE JOHSC reps with any reporting they provide to their immediate supervisors, this will then allow the CUPE Reps to follow up with you as well as the Supervisor confirming the hazard has been remedied.  If members are finding their concerns are not being heard or taken seriously please reach out to an Elected Union official for additional guidance and support.

In Solidarity

A Safety Plan should be written if:

• A file review reveals a real possibility of danger to staff,
• Personnel working with the student feel unsafe, or
• There is an incident that causes injury to staff or staff members to feel unsafe.

It is important to ensure that all personnel on staff are aware when a safety plan is needed and those working directly with the student have an opportunity to read the safety plan before working with the student.

A Safety Plan is NOT the same as a Behaviour Plan.  Safety Plans are created as a means to control risk when there is reasonable cause to believe that a student may injure a staff member or district employee.  Safety planning is a process and the goal is to identify the stages of escalation and appropriate responses.

Members should also know that they are part of the discussion when it comes to the development of the Safety Plan if they have been working with the student.  If you are excluded from this discussion and are then presented with a plan that does not address your safety concerns, you need to articulate your concerns, and if your concerns are not being addressed you need to contact an Elected Union Representative before you sign off on the Safety Plan.

The School Districts “Proactive Planning for Safety” guide may help to provide further insight into the rationale and the steps involved when it comes Safety Plans and the reporting process for Violent Incidents.

In Solidarity

According to Section 4.28 of the WorkSafe BC regulations a risk assessment is required if there are interactions between employees and persons other than co-workers, with a potential for threats or assaults.  In other words if you are employed by the Chilliwack School District and are working in a school environment and there is a student in attendance that has committed a violent act, or has the potential to commit a violent act against you then the Employer, or their Representative MUST conduct a risk assessment.

Risk Assessments often involve the gathering of relevant information from all staff and once the risks have been identified then the necessary steps must be taken to either eliminate the risks entirely and if that is not possible then to minimize it.  Preventative procedures must be developed and all staff must understand these procedures and follow them.  These assessments take time as does the development of procedures, members should never be expected to continue working in a hazardous situation while this process is taking place.

The Employer is also responsible, under Section 4.30, to inform ALL of their workers about the nature and extent of the risk.  As well they must train all their staff in safe work procedures before they are exposed to the hazard(s).  Our Employer, or their Representative cannot force a member to work with a student that has a known propensity for violence until they are fully aware of the risks and have received all the necessary training to keep themselves safe.

Employees should be consulting with their physicians if they have sustained an injury or suffered adverse symptoms resulting from violence at their workplace.  The Union cannot stress the importance of documenting any and all violent incidents with your general practitioner; as prolonged exposures to violence can have a long-term negative impact not only your physical self, but your mental health as well.

If Risk Assessments are not being conducted at your site then you are encouraged to reach out to an Elected Union Representative for further guidance and support, especially if you have voiced your concerns to your immediate supervisor and/or your sites health and safety committee and nothing is being done.

Or

Members always have the option to contact a WorkSafe BC Officer for immediate assistance; the contact information for our region is as follows:

Address: 2774 Tretheway Street, Abbotsford, V2T 3R1

Phone: 604-276-3100

Toll-free: 1-800-292-2219

In Solidarity

The first step is understanding the legal definition of workplace violence as outlined by WorkSafe BC (Reg. 4.27):

“the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that he or she is at risk of injury”

No where in this language does it indicate that intent must be established, nor does it speak to the age or mental capacity of the person perpetrating the violence.  Violence is also not just a physical assault; verbal abuse, threats, and intimidation are all part of this unacceptable conduct in the workplace.  Please visit the BC Government’s website for further details.

Furthermore, Employers, or their Representatives, have a legal responsibility to conduct a risk assessment when the threat of violence exists in the workplace in order to eliminate or at the very least mitigate the risk to a worker.  More information regarding this process can be found on WorkSafe BC’s website.

If you, or someone you work with, is experiencing violence in the workplace it must promptly be reported to your immediate supervisor; the Union is also advising members to notify your sites CUPE JOHSC Rep.  If the appropriate response to your reporting is not being handled as required by WorkSafe BC then please contact an Elected Union Representative for immediate assistance.

In Solidarity

It has come to the Union’s attention that proper OH&S protocols are not being followed at the site level when a member has been involved in a Violent Incident, submitted a WSBC 6A form and/or visited their First Aid Attendant.

If you have been involved in an incident/accident at your site and have not participated in an investigation within 48 hours (this process involves the affected member, along with the CUPE JOHSC Rep, and is conducted on work time) of the event please contact the union office at 604-392-1411 or email unionoffice@cupe411.ca, as the Employer and/or their Representatives are not permitted to deviate from the language in the WorkSafe BC regulations or the Workers Compensation Act.

Members are encouraged to keep copies of all of the paperwork that they are required to submit or sign-off on.  If you have required first aid on site, the First Aid Attendant should be providing you with a copy of the report once you have signed it and before you leave the first aid room.

All reporting (i.e. Workplace Violent Incident, Injury) is to be discussed at the Joint Health and Safety Committee tables and documented in the minutes.  There is no violation of privacy when indicating a worker has been punched, bit, spit on, etc. by a non-worker or what the corrective measurers are being taken (i.e. Non-Worker to only attend school one-hour per day, PPE has been issued to all affected Workers).  If this information is not being captured in the minutes then the minutes should not be approved.

Members are able to submit a WorkSafe BC claim using the dial-a-claim system, or by completing a Form 6 and submitting that directly to WorkSafe; the Employer does not get a copy of this document.

If members require further information they are asked to reach out to an elected union representative for additional assistance.

In Solidarity