Question and Answers
ETFO Action on Health & Safety Training (Webinar)(November 20, 2024)
- Question: Clarify when to use Employee Violent Incident Report (EVIR) vs Safe Schools Incident Report (SSIR).
Answer: The Health and Safety Reporting handout covers when to complete the EVIR, SSIR and the Occupational Health and Safety Concern Form. The EVIR is completed for any exercise, attempt to exercise, or statement or behaviour that is reasonable for the worker to interpret as a threat to use physical force that could cause physical injury to the worker. Reporting violent incidents is required under the Occupational Health and Safety Act and OCDSB Violence in the Workplace PR.680.HS.
The SSIR is completed for any activity where suspension or expulsion must be considered – list of activities. SSIRs are required to be completed by the Ministry of Education and OCDSB Procedure PR.515.SCO for all students in JK – Grade 12. The SSIR is not just for student related incidents that involve only other students. SSIR activities can involve employees such as swearing at a teacher or another person in a position of authority or uttering a threat to inflict serious bodily harm on another person. Many incidents can be both EVIRs and SSIRs. Factors such as age, exceptionality, whether there was an injury or intent do not impact the requirement to report EVIRs and SSIRs.
- Question(s): When a teacher puts in for an absence, is it required to put in that assignment that there is a safety plan? If it isn’t required, why not? To whom does the responsibility fall to explain the safety plan to a supply teacher?
Answer: The JHSC is currently discussing the electronic storage and access of safety plans. In the meantime, the OCDSB Violence in the Workplace Procedure PR.680.HS includes:
- Appendix E: Guidelines for Developing and Implementing Notification of Potential Risk of Injury (Abridged Safety Plan) (Form 737) states:
Information in the Form 737 must be provided to all workers who may encounter the student in the course of their work and as a result be at risk of physical injury. In general, Copies should be given to all staff at the school and should be kept in their materials for their replacement if away. A copy should be kept in the office for other OCDSB workers/employees who may visit the school and come into contact with the student (e.g., itinerant, Facilities maintenance staff).
- PR.680.HS 3.3 e) it is the responsibility of the supervisor to ensure that workers are aware of any potential or actual workplace hazards related to workplace violence including hazards associated with the physical worksite as well as hazards associated with the nature of the work being performed at the workplace.
- PR.680.HS 4.18 Where are supervisor is aware or has reason to believe that workers may be exposed to a risk of workplace violence from a person with a history of violent behaviour, the supervisor has an obligation to provide information to workers at the site using a Notification of Potential Risk of Injury (Abridged Safety Plan Form 737) if
- the worker can be expected to encounter the person with a violent history in the course of their work; and
- the risk of workplace violence is likely to expose the worker to physical injury.
- PR.680.HS 4.29 In fulfilling its obligations to provide appropriate information and instruction, the supervisor will ensure that:
- all workers have received information and instruction in the nature and recognition of risks specific to their assignment;
- all workers have received information and instruction in procedures/safety measures that minimize the risks specific to their assignment;
- ensuring processes are in place when workers are absent to make casual replacement workers aware of any risks and either have the necessary information and instruction or are supported by additional workers who have the necessary information and instruction.
- Question: At BMS training, we were told we should have full safety plans for all students in our classes or with whom we directly interact, in our supply teacher handbook. Full, not Abridged?
Answer: If you work directly with a student, both the Abridged and full safety plans should be included in materials left for Occasional Teachers.
- Question: Is it true that in order to access Board behaviour support teams there must be a history of health safety violence forms filled out?
Answer: We can bring to the next JHSC Workplace Violence Prevention Subcommittee to request clarity on any requirements from Learning Support Services to request access to support and include the answer in JHSC Minutes.
- Question: Why can’t a kindergarten to grade 3 student be suspended?
Answer: The Ministry of Education has provided the following information – school suspensions and expulsions. Included in this information is that for activities that can lead to expulsion:
If a student in junior kindergarten to Grade 3 has engaged in any of the activities listed below, the principal will investigate the allegations to determine if the student should be suspended or expelled.
OCDSB Student Exclusion (Pause for Safety) Procedure PR.695.SCO includes in Appendix C:
- Question: Are students of all ages (JK-Adult) subject to the Exclusion policy (not a suspension/expulsion)?
Answer: Yes, students of all ages are subject to the Exclusion policy. While age is a clear factor in a student’s capacity to control or modify their behaviour and/or foresee the consequences of their behaviour, other factors such as a student’s developmental level, mental health challenges, etc. may indicate that an Exclusion would be a more appropriate choice than suspension/expulsion to address safety concerns related to student behaviour.
- Question: If we do not get a response? What is the expected time to receive a response?
Answer: The Supervisor’s Response to the Employee Violent Incident Report (EVIR) and Safe Schools Incident Report (SSIR) should be provided within 48 hours and Occupational Health and Safety Concern Form within 7 days. After these timelines, the Supervisor will start to receive automatic messages from eBase that their response is overdue.
If you do not receive a response in eBase, or for any technical questions about using eBase you can contact your JHSC Worker Representative, email ocupationalhealthandsafety@ocdsb.ca or add a comment into the Discussion section on your form.
- Question: If a student is violent and attacks the teacher everyday and the teacher refuses work due to that student, what would be the actual outcome? Would the student be removed or would the teacher still have that student in their class?
Answer: Every work refusal related to workplace violence can be different depending on the specific concerns raised by the worker who is refusing work.
There are two stages to a work refusal. In stage one, the principal investigates the concerns with the worker and the JHSC worker member. The school board has an opportunity to respond to the concerns and can put measures in place to address the concerns. If the worker believes that the steps taken or proposed measures that will be implemented address their concerns they end the work refusal. If they still have reason to believe that workplace violence may endanger themselves, the work refusal moves to stage 2 and an inspector with the Ministry of Labour, Immigration, Training and Skills Development will complete an investigation. The inspector will make a decision and give a written Field Visit Report. They may make recommendations or give orders of things that the school board must do.
During the work refusal investigation process the person refusing work is to remain in a safe location.
Please see ETFO’s Information on Workers’ Rights that includes resource materials on your right to refuse unsafe work.
- Question: If we, as an Occasional Teacher, are called in and offered work that is currently part of a work refusal of someone else… should we be “refusing” the work as well, or are we encouraged to proceed if we personally feel safe in that environment?
Answer: Firstly you must be informed that this is a work refusal situation with a JHSC worker representative present. It is a personal decision to refuse work. Under section 43(3)(b.1) of the Occupational Health and Safety Act, a worker may refuse work where they have reason to believe that workplace violence is likely to endanger themselves.
- Question: Is there a central list somewhere that can be accessed to know who is the Joint Health and Safety Rep for my Union and the worksite safety representative each school?
Answer: There is one Joint Health and Safety Committee for the OCDSB. The list of Joint Health and Safety Committee Members is required to be posted on the safety bulletin board at every site in the OCDSB. This list is always available in the Joint Health and Safety Committee Conference in Groups in the Staff Portal.
Every school in the OCDSB has a worksite safety representative who is selected annually each spring by the non-management workers at the school. The worksite safety representative completes the monthly inspection of the school and their name is also to be posted on the safety bulletin board.
- Question: If we do not have a H&S Board, or if it has been covered/made inaccessible, what should we do?
Answer: Please contact the OCEOTA Office
Resources for Members:
- For assistance: Contact OCEOTA 1st VP Fadumo Deria for more H&S Information
