CORPORATE & WORKPLACE CONSULTATIOn Bill 168

A disclosure of domestic violence can leave an employer, HR professional, manager, or workplace leader asking:

What are we supposed to do now?

How do we keep this employee safe?

What information can we share?

What information should we keep confidential?

What if the employee doesn't want us to do anything?

How do we respond without making the situation worse?

How do we balance our responsibility to protect the worker with their privacy, autonomy, and rights?

These situations are complex.

They require more than a workplace policy sitting in a binder.

They require a thoughtful, individualized response that considers safety, risk, trauma, workplace obligations, privacy, and the rights of the employee.

 Domestic violence doesn't always stay at home.

An abusive partner may call an employee at work.

Show up at the workplace.

Monitor their schedule.

Threaten them.

Contact coworkers.

Attempt to locate them.

Or create safety concerns that extend into the workplace.

Ontario's Occupational Health and Safety Act specifically requires employers to take every precaution reasonable in the circumstances when they are aware, or ought reasonably to be aware, that domestic violence likely to expose a worker to physical injury may occur in the workplace. 

But knowing that obligation exists and knowing how to respond appropriately are two very different things.

That's where specialized consultation can help.

Imagine an employee tells their manager:

"My partner is threatening me and I'm afraid they might come to work."
 

What happens next?

The response matters.

A well-intentioned response can accidentally:

• Increase risk 
• Escalate the situation 
• Remove the employee's sense of control 
• Create unnecessary disclosure of personal information 
• Cause the employee to stop seeking help 
• Overlook important risk factors 
• Treat the situation as an HR issue when there is a significant safety concern 
• Or, on the other hand, fail to take reasonable precautions when action is needed 

Burch Counselling & Consultation can help workplaces understand what they are dealing with, what questions need to be considered, what risk indicators may be present, and what reasonable safety measures may be appropriate.

 A disclosure of domestic violence is not simply an employee-relations issue.

The person disclosing may be frightened, overwhelmed, ashamed, conflicted, or experiencing the effects of trauma.

They may:

• Minimize what is happening 
• Change their mind 
• Have difficulty remembering details 
• Become emotional 
• Freeze 
• Struggle to make decisions 
• Be afraid of losing their job 
• Be afraid the perpetrator will find out they disclosed 
• Worry about their children 
• Be concerned about financial consequences 
• Fear police involvement 
• Or simply not know what they want the workplace to do 

A trauma-informed response recognizes that these reactions are not necessarily indicators that someone is being dishonest, uncooperative, or inconsistent.

Burch Counselling & Consultation can provide consultation to:

• Small businesses 
• Large organizations 
• Corporations
• Human Resources departments 
• Managers and supervisors 
• Occupational Health & Safety teams 
• Joint Health & Safety Committees 
• Workplace leaders 
• Unionized workplaces 
• Non-unionized workplaces 
• Organizations developing or reviewing workplace violence procedures 

Consultation can be tailored to the circumstances of the organization and the situation being addressed.

 When an employee discloses domestic violence, we can help the organization think through the situation from a trauma-informed and safety-focused perspective.

This may include consultation regarding:

Helping workplace leaders understand what the employee is communicating and what additional information may be relevant to safety.

Providing guidance around how to ask questions without unnecessarily retraumatizing the employee or turning the disclosure into an interrogation.

Identifying relevant risk indicators and circumstances that may increase concern for workplace safety.

Helping identify practical workplace safety measures that may reasonably reduce risk.

Helping organizations think carefully about what information may need to be communicated, to whom, and why.

Ontario's OHSA places limits on disclosure of personal information in workplace-violence situations: where information about a person with a history of violent behaviour must be provided to protect a worker, no more personal information should be disclosed than is reasonably necessary to protect the worker from physical injury. 

Providing clear, practical recommendations based on the information available and the circumstances of the workplace.

 Sometimes an organization needs help understanding what has happened.

Burch can provide consultation regarding:

• Trauma-informed interviewing 
• Information gathering 
• Safety concerns 
• Risk indicators 
• Domestic violence dynamics 
• Workplace impact 
• Behavioural patterns 
• Protective factors 
• Safety planning considerations 
• Reasonable workplace precautions 
• Appropriate referrals 

The goal is not to interrogate the employee or require them to repeatedly tell their story.

 One of the most difficult parts of domestic violence in the workplace is balancing competing responsibilities.

An organization may need to act to protect a worker.

At the same time, the employee may have very legitimate concerns about:

• Privacy 
• Employment 
• Stigma 
• Retaliation 
• Escalation 
• Their children 
• Their relationship 
• Financial security 
• Who knows what 
• What information is documented 
• What happens next 

A trauma-informed approach does not mean doing nothing.

It means considering safety while also respecting the individual's dignity, autonomy, and rights.

Workplace responses can become more complex when multiple parties and obligations are involved.

We have experience working in both unionized and non-unionized environments and s experience working specifically with the workplace violence and domestic violence provisions associated with Bill 168.

This experience provides an understanding of the practical realities organizations face when navigating:

• Management 
• Human Resources 
• Supervisors 
• Employees 
• Unions 
• Workplace health and safety 
• Risk 
• Confidentiality 
• Documentation 
• Organizational policies 
• Safety planning 

Consultation can also be proactive.

Organizations may benefit from training before a disclosure ever occurs.

Burch Counselling & Consultation can provide education around:

Understanding how domestic violence can present and how it may enter the workplace.

Helping managers and supervisors understand what to do—and what not to do—when an employee tells them they are experiencing domestic violence.

Understanding how trauma can affect communication, memory, decision-making, and behaviour.

Understanding how organizations can respond when domestic violence creates potential workplace safety concerns.

Recognizing indicators that may warrant increased attention or additional safety measures.

Helping organizations consider whether employees know where and how to disclose concerns.

These situations can be complex. There is rarely a one-size-fits-all response.

Burch Counselling & Consultation provides specialized consultation to help workplaces respond to domestic violence concerns in a trauma-informed, practical, and safety-focused way.

If your workplace is dealing with a current situation, you do not have to figure it out alone.

Ontario's Occupational Health and Safety Act includes specific provisions addressing domestic violence where an employer becomes aware, or ought reasonably to be aware, that domestic violence is likely to expose a worker to physical injury that may occur in the workplace.

Understanding what those provisions mean in the context of an actual employee situation can be much more complicated than simply reading the legislation.

We provide trauma-informed workplace consultation focused on domestic violence, risk, safety planning, disclosure response, and practical recommendations.

Our consultation is not legal advice or a determination of legal compliance. Where legal interpretation is required, we recommend consultation with appropriate legal counsel.

This can be a serious workplace safety concern.

An employee may report that their partner has threatened them, knows where they work, has previously attended the workplace, is making unwanted calls or messages, or has threatened to come to the workplace.

The appropriate response depends on the specific circumstances and level of risk.

We help workplaces assess the situation from a trauma-informed safety and risk perspective and develop practical recommendations for responding to the concern.

This is one of the most difficult questions employers may face.

An employee may understandably want privacy, may be afraid of escalation, or may not want their employer involved. At the same time, the workplace may have responsibilities when there is a potential risk to worker safety.

There is no simple answer that applies to every situation.

We help employers think through the safety concerns, available information, employee autonomy and privacy, and appropriate next steps in a way that recognizes the complexity of domestic violence.

Where legal interpretation is required, legal counsel should be consulted.

Privacy is an important consideration when responding to domestic violence in the workplace.

At the same time, there may be circumstances where information needs to be communicated to protect workers from a safety risk.

The challenge is determining what information is necessary, who needs to know it, and how it should be communicated.

We provide consultation to help workplaces approach these conversations thoughtfully and develop recommendations that consider safety, privacy, dignity, and the circumstances of the situation.

How a disclosure is handled matters.

A poorly handled interview can feel overwhelming or unsafe for an employee and may result in important information being missed.

A trauma-informed approach considers how trauma can affect memory, communication, emotional responses, disclosure, and the ability to describe events in a linear way.

We provide consultation regarding trauma-informed interviewing, disclosure response, information gathering, risk considerations, and workplace safety planning.

A workplace safety plan should be based on the specific circumstances rather than a generic checklist.

Considerations may include the nature of the threats or behaviour, the person's access to the workplace, communication methods, workplace layout, transportation, coworkers, security procedures, and other factors relevant to the individual's circumstances.

We work with workplaces to identify relevant safety concerns and develop practical, individualized recommendations.

The goal is not simply to create a document. It is to help the workplace understand the risk and determine how the plan can function in the real world.

Sometimes the first indication is an employee directly disclosing domestic violence.

Other times, concerns may emerge through threatening phone calls or messages, repeated unwanted contact, an individual appearing at the workplace, a partner attempting to locate the employee, changes in an employee's behaviour, or concerns raised by coworkers.

Not every concerning behaviour means domestic violence is occurring, and not every situation presents the same level of risk.

Knowing when a concern requires a more formal response can be difficult.

We provide consultation when a workplace is unsure how seriously to take a concern or what to do next.

Managers are often the first people an employee tells—and they may have no idea what to say.

A manager does not need to become a therapist, investigator, or domestic violence expert.

They do need to know how to respond appropriately, recognize when a situation may involve workplace safety concerns, and know when to involve the appropriate people within the organization.

Burch provides consultation and training to help managers and supervisors respond to domestic violence disclosures with greater confidence, compassion, and awareness of safety considerations.

Yes.

Burch can provide specialized consultation to HR professionals, workplace leaders, managers, supervisors, and Joint Health and Safety Committees dealing with domestic violence concerns.

Consultation may include:

• Responding to an employee disclosure
• Trauma-informed interviewing
• Risk and safety considerations
• Workplace safety planning
• Communication and information-sharing considerations
• Developing practical recommendations
• Supporting managers and supervisors
• Reviewing workplace response processes
• Consultation around complex or high-risk situations

The goal is to help your organization respond thoughtfully and safely when domestic violence intersects with the workplace.

Yes.

Burch has experience working in both unionized and non-unionized workplace environments and understands that workplace responses can involve multiple perspectives, policies, processes, and stakeholders.

Consultation can be tailored to the circumstances of the organization and the situation being addressed.

Where questions involve collective agreements, labour law, employment law, or other legal interpretation, appropriate legal or labour-relations professionals should be involved.

Yes.

Burch can provide education and training focused on helping workplace leaders better understand domestic violence and its potential impact on the workplace.

Training can address topics such as:

• Recognizing potential indicators
• Responding to disclosures
• Understanding trauma responses
• Having difficult conversations
• Understanding workplace safety considerations
• Knowing when to seek additional support
• Trauma-informed workplace responses
• Domestic violence and workplace risk
• Supporting employees while maintaining appropriate professional boundaries

Training can be adapted to the needs of the organization, including small businesses, larger organizations, HR teams, managers, supervisors, and workplace committees.

Domestic violence in the workplace can create situations where doing nothing feels unsafe, but doing the wrong thing can also have consequences.

You may be dealing with a disclosure right now.

You may be concerned about an employee's safety.

You may have a manager who doesn't know how to respond.

You may be reviewing your workplace's existing response procedures.

Or you may simply recognize that your organization needs a better understanding of domestic violence and workplace safety before a serious situation occurs.

You don't have to wait until you're certain there is a problem to seek consultation.

Burch Counselling & Consultation brings together experience in domestic violence, trauma, workplace consultation, risk assessment, safety planning, and trauma-informed practice to help organizations navigate these situations with greater confidence.

Let's talk about what is happening, what concerns you, and what support may be appropriate for your organization.