Violence and Harassment Prevention Program

1. Definitions

a) Workplace Harassment

Workplace harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.

b) Workplace Sexual Harassment

Workplace sexual harassment means:

• engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or
• making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Reasonable action taken by Utah Tech Labs and its supervisors relating to the management and direction of workers or the workplace (such as annual performance reviews or scheduling) is not workplace harassment.

c) Workplace Violence

Workplace violence means assaults and attempted assaults (whether with or without intention), as well as threats and threatening behaviours that give the worker reasonable cause to believe they are at risk of injury. Workplace violence also means domestic violence that has moved into the workplace.

2. The Law

In Ontario, Canada, workplace violence and harassment prevention are addressed under the Occupational Health and Safety Act (OHSA). The act includes specific provisions aimed at preventing workplace violence and harassment and ensuring that employers take measures to protect their employees.

The key points regarding workplace violence and harassment prevention in Ontario include:

a) Workplace Violence

Employers are required to develop policies and programs to assess and control potential risks of workplace violence. This involves identifying potential sources of violence, implementing measures to prevent violence, providing information and training to employees on dealing with violent situations, and establishing procedures for reporting and investigating incidents of violence.

b) Workplace Harassment

Employers must also have policies and programs in place to address workplace harassment. This includes defining what constitutes harassment, establishing procedures for employees to report harassment, conducting investigations into harassment complaints, and taking appropriate action to address and prevent harassment.

c) Training and Awareness

Employers are responsible for providing training to employees about workplace violence and harassment policies and procedures. This training ensures that employees understand their rights, and responsibilities, and how to recognize and respond to potentially dangerous or harassing situations.

d) Duties of Employers

Employers are obligated to assess the risks of workplace violence and harassment and take reasonable precautions to protect their employees. They must also investigate incidents or complaints promptly and take corrective action when necessary.

The OHSA in Ontario places a strong emphasis on the prevention of workplace violence and harassment, requiring employers to create a safe and respectful work environment for all employees. Employees, in turn, have a role in understanding these policies and procedures and actively participating in maintaining a safe workplace.

3. Roles and Responsibilities

a) Employer

The employer has a responsibility to ensure the health and safety of workers, so far as is reasonably practical. This includes maintaining a work environment free from violence and harassment (so far as is reasonably practical). The employer also has a responsibility to create and maintain a workplace violence and harassment policy and program. Additionally, the employer has a responsibility to refrain from violence or harassing behaviours.

b) Supervisor/Manager

The supervisors must take all reasonable precautions to protect the health and safety of the workers, including from violence and harassment. This includes dealing with any reports of violence or harassment. Additionally, the supervisors have a responsibility to refrain from violence or harassing behaviours.

c) Worker

The workers have a responsibility to refrain from violent or harassing behaviours. They also have a responsibility to follow the violence and harassment policy and program developed by the employer. Additionally, they must cooperate with any investigation into violence and harassment.

4. Measures and Procedures

A Workplace Violence and Harassment Program for a software development company involves specific considerations tailored to the industry. Here are some measures and procedures we considered:

a) Policy Development

We have crafted a comprehensive policy explicitly stating zero tolerance for workplace violence and harassment. This policy has defined what constitutes violence and harassment in the context of a software development environment.

Outline the procedures for reporting incidents of violence or harassment, ensuring confidentiality and protection from retaliation for those reporting.

b) Risk Assessment

After conducting a thorough risk assessment specific to software development settings, we identified potential triggers or stressors that could lead to conflicts or incidents.

We found factors such as high-pressure deadlines, team dynamics, remote work challenges, delays in payment from the customers, and interactions with clients or users may potentially lead to or trigger harassment or violence.

c) Training and Education

We are organizing mandatory training sessions for all employees, including managers and supervisors, on recognizing, preventing, and responding to workplace violence and harassment.

Offer specific training on de-escalation techniques and conflict resolution, considering the nature of software development team dynamics.

d) Communication and Awareness

We have decided to regularly communicate the company's policies and procedures regarding violence and harassment prevention through multiple channels, including emails, meetings, and the company website.

We encourage an open-door policy where employees feel comfortable discussing concerns about potential issues.

e) Incident Reporting and Response

We have made incident reporting very easy by creating a dynamic web form that can be accessible from anywhere through mobile phones and computers.

f) Security Measures

Since the main trigger in our industry comes from the stress related to timely delivery, over-commitment, and client expectations, we have implemented a strong client-developer service agreement(DSA) to keep clients legally bound and on the other side for the developers to fill JIRA time logs regularly to make sure clients are transparent about the hours and associated tasks.

g) Support and Resources

We have made our top management highly accessible for any open discussion.

Offer resources and guidance on how to seek legal assistance or external help if needed.

h) Regular Review and Improvement

We are committed to making Utah Tech Labs the best workplace and hence we will continue to conduct regular assessments and reviews of the program's effectiveness. Gather feedback from employees and make necessary adjustments to improve the prevention measures.

UTL is 100% committed to enhancing the effectiveness of the Workplace Violence and Harassment Program, fostering a safer and more respectful work environment for all employees.

5. Getting Assistance

In the event of violence, threat of violence, or escalation of harassment to potential violence, seek immediate assistance from the police by dialing 9-1-1, or by pressing the emergency button on your personal emergency transmitter.

6. Reporting Violence or Harassment

a) How to Report Workplace Violence Harassment

An incident or a complaint of workplace violence or harassment should be reported as soon as possible after experiencing or witnessing an incident. This allows the incident to be investigated in a timely manner.

Workers can report incidents or complaints of workplace violence or harassment verbally or in writing. When submitting a written complaint, please use the official Utah Tech Labs workplace violence and harassment complaint form.

When reporting verbally, the Human Resources representative, along with the worker complaining of violence or harassment, will fill out the complaint form. The report of the incident should include the following information:

• Name(s) of the worker who has allegedly experienced workplace violence or harassment and their contact information.
• Name of the alleged harasser(s), and their position and contact information (if known);
• Names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and their contact information (if known);
• Details of the alleged incident(s) including date(s), frequency, and location(s).

The worker reporting the alleged violence or harassment should include any supporting documents they may have in their possession that are relevant to the complaint.

Additionally, the worker reporting the alleged violence or harassment should make a list of any documents that a witness, another person, or the alleged harasser may have in their possession that are relevant to the complaint.

b) Who to Report Workplace Violence or Harassment to

Report a workplace violence or harassment incident or complaint to the Human Resources representative. If the worker’s supervisor or the human resource representative is the person engaging in the workplace violence or harassment, contact the employer. If the employer is the person engaging in the workplace violence or harassment, Julie-Anne Fiore. (Note: The person designated as the reporting contact should not be under the direct control of the alleged harasser.)

If the incident or complaint involves the owner or a senior executive, an external person qualified to conduct a workplace violence or harassment investigation and who has knowledge of the relevant workplace violence and harassment laws will be retained to conduct the investigation.

7. Investigation of Harassment

a) Commitment to Investigate

Utah Tech Labs will ensure that an investigation appropriate in the circumstances is conducted when the employer, human resources, a manager, or supervisor becomes aware of an incident of workplace violence or harassment or receives a complaint of workplace violence or harassment.

b) Who will Investigate

The Human Resources representative will determine who will conduct the investigation into the incident or complaint of workplace violence or harassment. If the allegations of workplace violence or harassment involve senior leadership and above, the Human Resources representative will refer the investigation to an external investigator to conduct an impartial investigation.

c) Timing of the Investigation

The investigation must be completed in a timely manner and generally within 90 days or less, unless there are extenuating circumstances (e.g., illness, complex investigation, etc.) warranting a longer investigation

d) Investigation Process

The person conducting the investigation whether internal or external to the workplace will, at minimum, complete the following:

• The investigator must ensure the investigation is kept confidential and identifying information is not disclosed unless necessary to conduct the investigation. The investigator should remind the parties of this confidentiality obligation at the beginning of the investigation.
• The investigator must thoroughly interview the worker who allegedly experienced the workplace violence or harassment and the alleged harasser(s), if the alleged harasser is a worker of the employer. If the alleged harasser is not a worker, the investigator should make reasonable efforts to interview the alleged harasser.
• The alleged harasser(s) must be given the opportunity to respond to the specific allegations raised by the worker. In some circumstances, the worker who allegedly experienced the workplace violence or harassment should be given a reasonable opportunity to reply.
• The investigator must interview any relevant witnesses employed by the employer who may be identified by either the worker who allegedly experienced the workplace violence or harassment, the alleged harasser(s) or as necessary to conduct a thorough investigation. The investigator must make reasonable efforts to interview any relevant witnesses who are not employed by the employer if there are any identified.
• The investigator must collect and review any relevant documents.
• The investigator must take appropriate notes and statements during interviews with the worker who allegedly experienced workplace violence or harassment, the alleged harasser and any witnesses.
• The investigator must prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of the worker who allegedly experienced the workplace violence or harassment, the response from the alleged harasser, the evidence of any witnesses, and the evidence gathered.

The report must set out findings of fact and come to a conclusion about whether workplace violence or harassment was found or not.

e) Results of the Investigation

Within 10 days of the investigation being completed, the worker who allegedly experienced the workplace violence or harassment and the alleged harasser, if he or she is a worker of the employer, will be informed in writing of the results of the investigation and any corrective action that was taken or that will be taken by the employer to address workplace violence or harassment.

f) Confidentiality

Information about complaints and incidents shall be kept confidential to the extent possible. Information obtained, including identifying information about any individuals involved, will not be disclosed unless disclosure is necessary to protect workers, to investigate the complaint or incident, to take corrective action, or otherwise as required by law.

While the investigation is on-going, the worker who has allegedly experienced violence or harassment, the alleged harasser(s), and any witnesses should not to discuss the incident or complaint or the investigation with each other or other workers unless necessary to obtain advice about their rights. The investigator may discuss the investigation and disclose the incident or complaint-related information only as necessary to conduct the investigation. All records of the investigation will be kept confidential.

8. Corrective actions

The employer may discipline workers guilty of violence or harassment, up to and including dismissal.

9. Record Keeping

The human resources department will keep records of the investigation including:

• a copy of the complaint or details about the incident;
• a record of the investigation including notes;
• a copy of the investigation report (if any);
• a summary of the results of the investigation that was provided to the worker who allegedly experienced the workplace violence or harassment and the alleged harasser, if a worker of the employer;
• a copy of any corrective action taken to address the complaint or incident of workplace harassment.

All records of the investigation will be kept confidential. The investigation documents, including this report should not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law. Records will be kept for 3 years.

*Adapted from: Code of Practice to Address Workplace Harassment Under Ontario’s Occupational Health and Safety Act published by the Ministry of Labour