When is a risk assessment required and who is part of the process?

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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.

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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

Violence in the Workplace – What every Worker needs to know……

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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

URGENT – Health & Safety Update

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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