Workplace Harassment The Hospital and the Union are committed to ensuring a work environment that is free from harassment. Harassment is defined as a “course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome”, that denies individual dignity and respect on the basis of the grounds such as gender, disability, race, colour, sexual orientation or other prohibited grounds, as stated in the Ontario Human Rights Code. All employees are expected to treat others with courtesy and consideration and to discourage harassment. ref. Ontario Human Rights Code, Sec. 10(1). Harassment may take many forms including verbal, physical or visual. It may involve a threat, an implied threat or be perceived as a condition of employment. The Parties agree that harassment is in no way to be construed as properly discharged supervisory responsibilities, including the delegation of work assignments and/or the assessment of discipline. If an employee believes that she/he has been harassed and/or discriminated against on the basis of any prohibited ground of discrimination, there are specific actions that may be undertaken. The employee should request the harasser to stop the unwanted behaviour by informing the harassing individual(s) that the behaviour is unwanted and unwelcome. Should the employee not feel comfortable addressing the harasser directly, she/he may request the assistance of the manager or a Union representative. If the unwelcome behaviour was to continue, the employee will consult the Hospital policy on harassment and will be free to pursue all avenues including the complaint investigation and resolution. The Parties agree that an employee may have a representative of the Union with her/him throughout the process, if requested.
Workplace Safety The parties to this Agreement commit themselves to achieving the highest possible standards of occupational health and safety including adherence to the consultative and issue resolution processes included herein. Participation in and support for building and construction industry initiatives to improve construction industry standards in occupational health and safety will form an important part of this commitment. Observance of relevant Acts, Regulations, and Codes of Practice are the minimum level acceptable to enable employers and employees to meet their responsibilities and to work safely and follow health and safety rules in their workplace. On all sites there will be developed a site safety plan and job specific ‘job safety analysis’ to identify and manage the risks associated with work on each particular site. Such safety plan will include suitable procedures for personnel/material access, and site evacuation procedures. The Incolink Safety Handbook ‘SAFE’ (as amended) is endorsed by this Agreement as a proper guide and reference source for safety management and control of risks.
1) The parties agree that the WorkSafe Australia Guidance Notes on Material Safety Data Sheets shall be observed at all times.
2) Hearing tests: Audiometric tests should be conducted within two months of a person commencing employment, and thereafter at intervals of two years.
WORKPLACE HEALTH AND SAFETY The parties to this Agreement are committed to providing a safe and healthy workplace and work practices. The parties recognise that illness or injury at the workplace is costly to the employer and the employees and also disruptive to the respective parties. To facilitate healthy and safe work practices, the parties to the Agreement are committed to discussing health and safety issues as they apply to the operations of the employer as part of the consultative measures under this Agreement. The employer and employees under this agreement may refer to their respective industrial representatives for appropriate advice or expertise in enhancing performance with due regard to health and safety initiatives. The parties also recognise the importance of conducting regular audits of the employer's operations, policies and procedures including the employees' skills, knowledge, qualifications and application of healthy and safe work practices.
Workplace Violence (a) It is recognized that at certain worksites or in certain work situations employees may be at risk of physical violence or verbal abuse from clients, persons in care or custody, or the public.
(b) Where such potential exists:
(1) employees at those worksites or in those work situations shall receive training in the recognition and management of such incidents;
(2) physical and procedural measures for the protection of employees, applicable to those worksites or work situations, shall be implemented.
(c) The Permanent Occupational Health and Safety Committee shall be consulted regarding the curriculum of training and the applicable physical and procedural measures referred to in (b) above.
(d) The Permanent Joint Occupational Health and Safety Committee shall jointly develop a new or approve an existing training package on risk assessment.
(e) Employees shall be informed concerning the potential for physical violence or verbal abuse from clients, a student, instructors or other members of the public, subject to statutory limitation.
(f) Immediate critical incident stress debriefing and post traumatic counselling shall be made available for employees who have suffered as a result of violence. Leave required to attend such debriefing or counselling sessions will be without loss of pay.
Workplace The Employee shall be required to perform work at or any other site of work for the Employer.
Industrial Relations Training Leave Union Delegate/Employee Representative shall have access to industrial relations training in accordance with Appendix E hereof.
WORKPLACE SAFETY AND INSURANCE BOARD Clause 14.01
(a) When a probationary or regular employee, through employment with the Employer, suffers an injury or disability, or a recurrence of an injury or disability, the Employer shall pay the employee an amount, when combined with the Workplace Safety and Insurance Board payment, equals the employee’s regular wage less deductions required by law, for a period of nine (9) months from the first day of absence.
(b) Pending receipt of payment from the Workplace Safety and Insurance Board, an employee shall receive advances up to the amount of the employee’s regular wage rate, less income tax deductions and shall continue to receive their regular wage rate during the period of absence up to nine (9) months provided that:
i. the employee will make reasonable effort to ensure prompt completion of necessary forms and information required to receive approval of Workplace Safety and Insurance Board payment;
ii. the employee will be expected to fully participate in alternate work, if recommended, by the employee’s medical doctor;
iii. the employee’s claim has not been disallowed by the Workplace Safety and Insurance Board, and;
iv. the employee agrees in writing, to sign over to the Employer the Workplace Safety and Insurance Board payments.
(a) The Employer shall continue to pay for a period of time not to exceed thirty (30) months from the first day of an injury or disability, the premium cost for health and insurance benefits as covered by Clauses 16.03 and 16.04.
(b) Should an employee return to work from an injury or disability for a period of six (6) continuous months and subsequently suffers a recurrence of an injury or disability, then the provisions of Clauses 14.02(a) and 14.03(a) shall apply.
(c) Notwithstanding Clause 14.02(b), if an employee having ceased to be disabled returns to work and again becomes disabled from the same or related cause within six (6) months, it would be considered as one (1) continuous period of disability as per Clauses 14.02(a) and 14.03(a).
(a) For a period of up to thirty (30) months from the first day of injury or disability, the employee shall be eligible to return to their same position classification if capable of performing the required work. If unable to perform the required work, the employee shall be given all reasonable consideration for any available job for which the employee is able and qualified to perform.
(b) Notwithstanding Part (a), if any employee’s position is declared redundant while on WSIB leave, the employee upon their return shall exercise normal bumping procedures as per Article 8.
Drug Free Workplace Act The Contractor will assure a drug-free workplace in accordance with 45 CFR Part 76.
Workplace Violence Prevention and Crisis Response (applicable to any Party and any subcontractors and sub-grantees whose employees or other service providers deliver social or mental health services directly to individual recipients of such services): Party shall establish a written workplace violence prevention and crisis response policy meeting the requirements of Act 109 (2016), 33 VSA §8201(b), for the benefit of employees delivering direct social or mental health services. Party shall, in preparing its policy, consult with the guidelines promulgated by the U.S. Occupational Safety and Health Administration for Preventing Workplace Violence for Healthcare and Social Services Workers, as those guidelines may from time to time be amended. Party, through its violence protection and crisis response committee, shall evaluate the efficacy of its policy, and update the policy as appropriate, at least annually. The policy and any written evaluations thereof shall be provided to employees delivering direct social or mental health services. Party will ensure that any subcontractor and sub-grantee who hires employees (or contracts with service providers) who deliver social or mental health services directly to individual recipients of such services, complies with all requirements of this Section.
Accident Prevention Health and Safety Committee (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the workplace in order to prevent accidents, injury and illness.
(b) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Accident Prevention – Health & Safety Committee at least three (3) representatives, one from each base, selected or appointed by the Union from amongst bargaining unit employees. At any time where a vote is required, an equal number of representatives from each side shall be entitled to vote.
(c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health.
(d) The Employee agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfill its functions.
(e) Meetings shall be held quarterly or more frequently at the call of the Chair if required. The Committee shall maintain minutes of all meetings and make the same available for review.
(f) Any representative appointed or select in accordance with (b) hereof shall serve a term of one (1) calendar year from the date of appointment which may be renewed for further periods of one (1) year. The Union will encourage its representative(s) to serve at least one (1) year. Time off for such representative(s) to attend meetings of the Accident Prevention – Health & Safety Committee in accordance with the foregoing shall be granted and time so spent attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the Employer at his regular or premium rate as may be applicable.
(g) The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices.
(h) Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee’s physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence before commencement of the maternity leave referred to in Article 16.04
