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BILL 168

BILL 168

Workplace Violence, Domestic Violence

& Harassment Defined


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Workplace Violence

The Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an:

  • Attempt to exercise physical force against a worker in a workplace, that could cause physical injury to the worker; and a
  • Statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Examples of workplace violence include:

  • Verbally threatening to attack a worker.
  • Leaving threatening notes at or sending threatening emails to a workplace.
  • Shaking a fist in a worker’s face;
  • Wielding a weapon at work;
  • Hitting or trying to hit a worker;
  • Throwing an object at a worker;
  • Sexual violence against a worker;
  • Kicking an object the worker is standing on such as a ladder; or
  • Trying to run down a worker using a vehicle or equipment such as a forklift.

For workplace violence to occur, a person must apply or attempt to apply physical force against a worker. However, there does not need to be an intent to cause harm for it to be considered workplace violence.

Domestic Violence

The Occupational Health and Safety Act defines domestic violence as physical harm or an attempt or threat to cause physical harm by a person who has a personal relationship with a worker (i.e. spouse, former spouse, current or former intimate partner or a family member). When the harm is conducted against the worker at work, it is consider workplace violence.

Domestic violence is a pattern of behaviour used by one person to gain power and control over another person with whom they have had an initimate relationship. This behaviour may include physical violence, sexual, emotional and psychological intimidation, verbal abuse, stalking and using electronic devices to harass and control.

Under the Occupational Health & Safety Act, employers who are aware or ought to reasonably be aware that domestic violence that would likely expose a worker to physical injury that may occur in the workplace, the workplace must take every precaution reasonable in the circumstances to protect a worker.

Dwight Crane Ltd. believes in the prevention of violence and promotes a violence-free workplace in which all people respect one another and work together to achieve common goals. Any act of violence committed by or against any member of our workplace is unacceptable conduct that will not be tolerated.

Harassment

The Occupational Health & Safety Act defines workplace harassment as engaging in a course of vexatious (annoying/harassing) comment or conduct against a worker, in a workplace – behaviour that is known or ought to reasonably to be known to be unwelcome.

Workplace harassment often involves repeated words or actions, or a pattern of behaviours, against a worker or group of workers in the workplace that are unwelcome. This may include:

  • Bullying
  • Making remarks, jokes or innuendos that demean, ridicule, intimidate or offend
  • Spreading malicious rumours, gossip, or innuendo that is not true
  • Excluding or isolating someone socially
  • Intimidating a person
  • Undermining or deliberately impeding a person’s work
  • Physically abusing or threatening abuse
  • Removing areas of responsibilities without cause
  • Constantly changing work guidelines
  • Establishing impossible deadlines that will set up the individual to fail
  • Withholding necessary information or purposefully giving the wrong information
  • Making jokes that are ‘obviously offensive’ by spoken word or e-mail
  • Intruding on a person’s privacy by pestering, spying or stalking
  • Assigning unreasonable duties or workload which are unfavourable to one person (in a way that creates unnecessary pressure)
  • Underwork – creating a feeling of uselessness
  • Yelling or using profanity
  • Criticizing a person persistently or constantly
  • Belittling a person’s opinions
  • Unwarranted (or undeserved) punishment
  • Blocking applications for training, leave or promotion
  • Tampering with a person’s personal belongings or work equipment
  • Unwanted touching;
  • Unwelcome sexual flirtations, advances, or propositions;
  • Sexually suggestive, obscene, or degrading comments or gestures;
  • Offensive jokes of a sexual nature;
  • Leering or staring;
  • Displaying or circulating pictures or other material of a sexual nature;
  • Unwelcome questions or remarks about a person’s sex life, appearance, clothing, etc.

Workplace Violence, Domestic Violence

& Harassment Policy

Dwight Crane Ltd. is committed to providing a work environment that ensures that every employee is treated equitably and with dignity.

Dwight Crane Ltd. is committed to promoting a work environment that is conducive to the growth of its employees, provides a professional atmosphere, and promotes equality of opportunity.

Dwight Crane Ltd. will not tolerate any form of workplace violence or harassment and is committed to taking all necessary steps to ensure that employees are not subject to workplace violence or harassment within the scope of the workplace. Dwight Crane Ltd. will not tolerate workplace violence or harassment whether engaged in by fellow employees, clients or supervisors at:

  1. all offices or other premises where Dwight Crane Ltd.’s business is conducted.
  2. all company related activities performed at any other location.
  3. any company social, business or other functions where the conduct or comments may have an effect on the workplace or workplace relations.

Responsibilities

All employees have a personal responsibility to ensure that their behaviour is not contrary to this policy. All employees are encouraged to reinforce the maintenance of a workplace that is free from workplace violence and harassment.

Management is committed to discouraging and preventing employment related violence and harassment and to investigating every formal written complaint.

Management is committed to taking appropriate remedial measures to respond to any substantiated allegations of workplace violence and harassment and ensuring that all employees are aware of Dwight Crane Ltd.’s policy and their responsibilities with respect to preventing workplace violence and harassment of any nature.

Report Incidents

Dwight Crane Ltd. is committed to providing a supportive environment in which to resolve concerns of workplace violence or harassment.

Informal resolution options:

  1. Should an incident of harassment occur, communicate your disapproval and objections immediately to the harasser and request the harasser to stop. Be clear that the harasser is “aware” that you consider the incident harassment and that it should stop immediately.
  2. If the harassment does not stop or if you are not comfortable with addressing the harasser directly, bring your concern to the management of Dwight Crane Ltd. Dwight Crane Ltd. will provide advice or support as requested and will undertake any investigation necessary to resolve the matter.
  3. Any employee, who is not comfortable with the informal resolution above or has exhausted such options, may bring a formal complaint to management. All such complaints will be promptly investigated. If after an investigation it is determined that an allegation of harassment is valid, appropriate corrective action will be taken.
  4. Corrective action may include any of the following:
  5. (i) Counseling.
    (ii) Written warning placed in employees’ file.
    (iii) Suspension or discharge of any employee.

Confidentiality

Dwight Crane Ltd. understands that it is difficult to come forward with a complaint of workplace violence or harassment and recognizes the complainant’s interest in keeping the matter confidential.

To protect the interest of the complainant, the person complained against, and any others who may report incidents of workplace violence or harassment, confidentiality will be maintained throughout any investigative process to the extent practicable and appropriate under the circumstances. All records of complaints, contents of meetings, interviews, results of investigations and other relevant material will be kept confidential by Dwight Crane Ltd. except where disclosure is required for investigation, disciplinary or other remedial processes.

No Reprisal

Dwight Crane Ltd. is committed to ensuring that no employee who brings forth a workplace violence or harassment concern is subjected to any form of reprisal. Any reprisal action will be viewed as a disciplinable matter and will be dealt with up to and including immediate termination of employment.


If you have any questions about Bill 168 or our policy, please feel free to Contact US.

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