CDA Essentials 2018 • Volume 6 • Issue 1

24 | 2019 | Issue 1 I ssues and P eople How can the dentist, as the employer and practice leader, respond to Janine’s situation in a way that ensures the workplace remains a healthy and safe environment for the entire team? We asked academic, education, and legal experts to weigh in on this scenario. W hat policies should be put in place to prevent workplace harassment of team members that work in the office? Barb: Stalking by a current or former intimate partner is a form of psychological violence and intimidation and is considered domestic violence. This scenario is an example of when domestic violence is also considered workplace violence because a worker is feeling threatened at her workplace. So, in addition to a workplace harassment policy, your practice also needs a workplace violence policy, either as part of your workplace harassment policy or as a standalone policy. Inna: Most provinces have legislation which directly or indirectly requires employers to have workplace harassment and workplace violence policies in place, to train all employees on the policies, and to investigate complaints of workplace violence and workplace harassment. In Ontario specifically, employers must also take every reasonable precaution given the circumstances to protect employees when the employer is aware, or ought reasonably to be aware, that domestic violence, or the threat of domestic violence, may occur in the workplace. These employer obligations extend to protecting employees from third parties who are external to the workplace, such as Janine’s former boyfriend. W hat’s the best way to ensure that team members are aware of the office policies on harassment and domestic violence? Nadine: Training programs, such as the Make it Our Business program, are essential in terms of promoting a workplace-wide understanding of domestic violence and how it intersects with workplace harassment. This program is a project of the Centre for Research and Education and Violence Against Women and Children at Western University. On the website (makeitourbusiness.ca ) you can find out how to access training and look at free downloadable resources, including a guide to writing a policy and some sample policies. With this kind of training, people are ready to be either interveners (in the case of a supervisor) or allies and helpful coworkers (in the case of staff). Inna: In Ontario and other jurisdictions, employers are required to train employees on the workplace harassment and workplace violence policies that are in place. Even in jurisdictions where training may not be required, it is highly recommended that employers ensure that all employees receive training on these policies, including training on the steps they are expected to follow if they become aware of harassing, violent or threatening conduct at the workplace. I also typically recommend that employers provide re- training annually with an opportunity for employees to ask questions. Annual re-training sends the message to employees that the employer takes harassing, violent and threatening behaviour seriously, and invests time in curbing and addressing these behaviours. W hat are a dentist’s professional obligations, given the ex-boyfriend is in the schedule as a new patient? Kathryn: Because the dentist has not yet seen Janine’s former partner, it is questionable whether he would be considered a patient at this point. If no dentist-patient relationship exists, the dentist owes no professional obligation to Janine’s former partner. But the dentist has an obligation as an employer to protect employees and others from workplace violence and harassment, including domestic violence, in accordance with occupational health and safety legislation and common law obligations. In addition, the dentist has a professional obligation to maintain a safe and healthy office environment. Accepting Janine’s former partner as a patient would not promote a safe or healthy office environment, and in fact, could potentially put Janine and others at risk of serious harm. Barb: Occupational health and safety legislation varies depending on where you work in Canada. For example, if • Healthy Workplace Series •