Requirements / Policies

Requirements:

• Minimum of Grade 9/Senior 1 OR Mature Student
• An interest in operating heavy equipment
• A valid class 5 drivers license (or equivalent) is an asset
• Good hand/eye and hand/foot coordination
• Ability to follow instructions (verbal and hand signals)
• MUST be fit for duty, refrain from alcohol/drug use while in the program
• MUST show up everyday, on time, and complete the full course
• MUST follow SWS policies such as No Tolerance, Fit for Duty, & Attendance Policy
• Preference given to those who have worked in the industry before or currently

No Tolerance / Fit for Duty Policy:

SWS is committed to providing a safe and positive training experience to all Participants, Instructors and staff during any of our training programs.  Participant’s attitude and behavior play an important role to the success of this commitment. Participants shall be fit for duty and in a condition to carry out their assignments and responsibilities in a safe manner.

It is therefore a violation of company policy for Participants to be under the influence of alcohol, marijuana, or unauthorized, prohibited, illegal or controlled substances at any time while on site OR during this training program.  The consumption, use, manufacturer, dispensation, sale, possession, distribution, promotion, provision, purchase, transportation, concealment, transfer or storage of unauthorized, prohibited, illegal or controlled substances and/or substance-related paraphernalia while onsite is prohibited.  

Harassment, violence or behavior resulting in damage to any of the facilities, equipment, instructors, staff, other students and other businesses shall not be tolerated.   Disruption to other class members will not be tolerated. And misbehavior and/or violence, harassment, poor demeanor towards instructors or other students will not be tolerated. This also applies to any hotel staff / facilities, restaurants, businesses where SWS is associated with. You are responsible for your behavior and are expected to act responsibly and professionally for the duration of this training program.   

You can and will be expelled from this program for disruptive behavior and/or if you are using drugs/alcohol during the program or within a timeframe that affects your ability to operate heavy equipment safely.

If a Participant is found under the influence at any time and/or their behavior is disruptive or damaging to the program, facilities, other Participants, SWS staff, instructors, or accommodations staff, they may be removed from the program at their expense with no program refund.

Attendance Policy:

We require you to attend classes every day of the training. This course is very fast paced and moves quickly. If you miss a day or two you will be behind. If you miss more than 1 day (10 hours) you may not pass the program.  You would still receive your theory certification, but you will not receive the full Heavy Equipment Operator Training Certification Program certificate. Please talk to a SWS representative if you have extenuating circumstances.   Attendance reports will be sent to your funding source (midterm & final reports).

It is your responsibility to make sure you are not late to class in the morning, and that you stay for your full shift. If you have an appt, please talk with the Lead Trainer to make arrangements. You WILL NOT pass this program if you are not committed to the hours/days of the full program course. Part of our job is to prepare you for the construction industry, we follow the same policies/procedures that you will experience once you gain employment.

Fee Refund Policy:

SWS Training & Consulting is a Private Vocational Institute in MB, thus we have to follow the Advanced Education and Training’s refund policy. Students are required to provide written notice of a withdrawal, which will enact the refund policy as below. Please note the registration fee, training completion fund fee and the materials fee (books/supplies) are NON refundable. Tuition fees are refundable as per the table below:

21% or less of the program completed = 75% of paid tuition fees refunded

21% – 51% of the program completed = 50% of the paid tuition fees refunded

51% or more of the program completed = No tuition fees refunded

*NOT applicable to contract training situations. Please contact us for more information! It should be understood and noted that due to the nature of our type of training institute, we are not able to make last minute changes to students/seats. The cost of running this program is extremely high, so last minute drop outs affect us in a HUGE way. Please don’t sign up for our training program unless you are 100% sure you will be able to attend. We want you to be successful!.

Please contact your SWS representative for further information.

Sexual Violence Policy:

SWS Training & Consulting Inc. (SWS) is committed to providing a safe environment for all its students, instructors, faculty, staff and administrators free from discrimination and violence on any ground and from harassment including sexual harassment.  SWS Will operate a ZERO TOLERANCE policy for any form of sexual harassment or violence, treat all incidents seriously and promptly investigate all allegations of sexual violence or harassment.  Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from the program.  All complaints of sexual harassment or violence will be taken seriously and treated with respect and in confidence.  No one will be victimized for making such a complaint.

AWARENESS & TRAINING

This policy will be posted in all job site trailers, and reviewed during orientations on the first day of class.  Students will receive a copy included in their books and supplies. All SWS Staff will be trained on:

1. How to respond to complaints/disclosures in an understanding and supportive manner
2. What their specific roles and responsibilities are

Students and staff will receive formal training in this policy.  Training will be conducted at minimum yearly, and more often as deemed necessary.  We believe that everyone should have access to this policy and basic information on how to provide a compassionate and reassuring response.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.

Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behaviour which constitute sexual harassment include, but are not limited to:

Physical conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
• Physical violence, including sexual assault
• Physical contact, e.g. touching, pinching
• The use of job-related threats or rewards to solicit sexual favours

Verbal conduct

• Comments on a student’s appearance, age, private life, etc.
• Sexual comments, stories and jokes
• Sexual advances
• Repeated and unwanted social invitations for dates or physical intimacy
• Insults based on the sex of the worker
• Condescending or paternalistic remarks
• Sending sexually explicit messages (by phone or by email)

Non-verbal conduct

• Display of sexually explicit or suggestive material
• Sexually-suggestive gestures
• Whistling
• Leering

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. SWS Training & Consulting Inc. recognises that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

SWS Training & Consulting Inc. recognises that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee.

Anyone, including students of SWS Training & Consulting Inc., clients, customers, casual workers, contractors or visitors who sexually harasses another will be reprimanded in accordance with this internal policy.

All sexual harassment is prohibited whether it takes place within SWS’s premises or outside, including at social events, business trips, training sessions or conferences sponsored.

CONSENT

Consent is central to sexual assault. The Criminal Code of Canada defines consent as it relates to sexual assault as the voluntary agreement to engage in sexual activity. An individual must actively and willingly give consent to sexual activity. Simply stated, sexual activity without consent is sexual assault.

Younger people, like many others, often do not fully understand consent and can feel that the line between consensual sexual acts and sexual assault can be unclear. This is particularly true when an acquaintance, friend, or partner is the perpetrator.

Consenting to one kind, or instance, of sexual activity does not mean that consent is given to any other sexual activity or instance. No one consents to being sexually assaulted.

Where consent does not exist (lack of agreement): a person can express a lack of agreement verbally or through conduct (such as physically resisting advances). The Criminal Code makes it clear that a person can, after initially giving consent to engage in sex, revoke consent at any time by expressing a lack of agreement to continue engaging in sexual activity. In other words, consent:

• Is never assumed or implied

• Is not silence or the absence of “no”

• Cannot be given if the victim is impaired by alcohol or drugs, or is unconscious

• Can never be obtained through threats or coercion

• Can be revoked at any time

• Cannot be obtained if the perpetrator abuses a position of trust, power or authority

PREVENTION

SWS Will raise awareness of sexual violence, consent and other issues related to sexual violence.  We will ensure that these messages come from leadership and are clear about expectations and will set the tone for action.  Training will be available for all students, we will include awareness during orientations as well as reminders during toolbox meetings throughout the course.

Complaints Procedures

Reporting/Disclosure Options

• It is important individuals coming forward with a complaint/disclosure feel in control of the process and that they are not compelled, nor restricted from pursuing the issue through law enforcement at any time.

• Victims of sexual violence should be made aware of all of the complaint/disclosure options available and should be made aware that they may choose option, or combination thereof, at any point in time. These options may include:

1. No report – the victim/survivor discloses sexual violence to seek emotional support, medical support, or advocacy but not to report to police.

2. Police report – the victim/survivor makes a police statement, which would generally be followed by a criminal investigation. Victims/survivors can call the police or go to their nearest police station. There are support services available for individuals who decide to report to police.

3. Medical assistance/forensic medical exam – the victim/survivor attends a hospital or medical centre for medical attention to address possible physical injury, pregnancy and/or sexually transmitted infections; forensic exam to collect any forensic samples while the victim/survivor decides whether or not to report to police.

o In Winnipeg, within 120 Hours (5 days) from the sexual assault, survivors can go to the emergency department of the Health Sciences Centre (use the William Avenue entrance or call 204-787-3167). They should tell the triage nurse that they have been sexually assaulted and/or that you would like to see the Sexual Assault Nurse Examiner (SANE) nurse. Support workers from the Klinic Sexual Assault Crisis Program are available to accompany victims/survivors to hospitals or medical centres in Winnipeg. If the survivor/victim does decide to report the assault, the SANE nurse will call the police on their behalf. A Winnipeg Police Service detective with the Sex Crimes Unit will come to the hospital in plain clothes to speak with the victim/survivor or will contact the victim/survivor within 24 hours (if unavailable at the time of exam).

o In Winnipeg, beyond 120 Hours, survivors can be referred to a medical practitioner in the community where they feel comfortable (family doctor, STI clinic, etc.).

o Outside Winnipeg, survivors/victims can go to their nearest emergency room department, teen clinic, health centre or nursing station. Staff there can contact the local police station or RCMP for them, if requested.

4. Report to campus security (if applicable) – the victim/survivor has the choice to inform campus security so that security staff are aware that a sexual assault perpetrator may be on campus or amongst the campus community. If survivors decide to report to campus security, they should be offered support from a trained staff person or referred to a service provider, such as Klinic. Campus security procedures should clearly outline what steps must be taken and be clear that their role is not to conduct a criminal investigation. Campus security should not report to police without the survivor’s consent.

5. Formal complaint/disclosure to SWS – report to our administration, precipitating a student misconduct process if the perpetrator is a student; report to Human Resources or other relevant administrative department if the perpetrator is staff or faculty member.

When SWS receives a complaint of sexual harassment, we will:

• immediately record the dates, times and facts of the incident(s)
• ascertain the views of the victim as to what outcome he/she wants
• ensure that the victim understands the company’s procedures for dealing with the complaint
• discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
• keep a confidential record of all discussions
• respect the choice of the victim
• ensure that the victim knows that they can lodge the complaint outside of the company through the relevant country/legal framework

6. Civil claim – victims/survivors may also launch a civil suit against the alleged perpetrator for damages suffered (this would not be the responsibility of the institution).

Providing a Supportive Response

• The vast majority of survivors do not formally report to authorities and many do not disclose to someone they trust. An environment in which individuals feel comfortable coming forward helps ensure they receive the necessary assistance and supports the institution in its efforts to identify and deal with perpetrators.

• Survivors may be reluctant to report for fear of having to retell their experience to a number of different people. Retelling is essentially re-living the experience, which can cause survivors to feel re-traumatized.

• Fear and apprehension about the reactions of others can be significant barriers to disclosing or reporting. This can include:

o Concerns about not being believed or blamed

o Feeling ashamed and guilty for what has happened

o Fear of institutional sanctions or a police investigation where underage drinking or the use of illegal drugs were involved

o Fear of retaliation by the perpetrator or their friends

o Peer pressure to not report, especially if the perpetrator has significant status on campus

• Some people react negatively to a survivor’s disclosure. These reactions can leave the survivor re-traumatized, feeling hurt or isolated, and may dissuade them from seeking further help. Negative reactions include:

o Avoiding the survivor or treating them differently than before

o Discouraging them from talking about the incident

o Questioning their memory or assessment of what happened

o Taking control away from them (i.e. making decisions for them)

o Blaming them for what happened

o Over-reacting and not allowing the survivor to express their own feelings or minimizing their experiences and invalidating their feelings

• A supportive response involves:

o Listening without judgment and accepting the disclosure as true

o Communicating that sexual violence is never the responsibility of the victim

o Helping the survivor identify and/or access services (on or off campus), including emergency medical care

o Respecting the survivor’s right to choose the services they feel are most appropriate and to decide whether to report to police or security

o Recognizing that disclosing can be traumatic and a survivor’s ability to recall the events may be limited

o Respecting the survivor’s choices as to what and how much they disclose about their experience (i.e. refraining from pressing for details)

o Making every effort to respect confidentiality and anonymity

• We will not go beyond our comfort level or expertise when responding to a disclosure. It is important to be supportive while also referring survivors to the right person who can provide the help needed. A central point person (Shelly Plett) will be assigned responsibility for maintaining and distributing a list of on/off campus support services, including services offered 24/7

DISCIPLINE MEASURES

Anyone who has been found to have sexually harassed or committed sexual violence to another person under the terms of this policy is liable to any of the following sanctions:

• verbal or written warning
• adverse performance evaluation
• dismissal from program

The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.

MONITORING, EVALUATION & SENSITIVITY

SWS Training & Consulting Inc. recognizes the importance of monitoring this sexual violence policy and will ensure that it anonymously collects statistics and data as to how it is used and whether it is effective.

Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.

We will involve students of different genders, sexual orientations, abilities, perspectives and cultures in the review of this policy.  All feedback is valued and will be implemented. 

We realize that some populations are more vulnerable to sexual violence.  We seek to accommodate individuals from vulnerable populations to the greatest extent possible.  Some groups may be indigenous women, women living with cogitative or physical disabilities, and women from ethnocultural communities.  Because women are most vulnerable, we will ensure a woman is available at all times for disclosure options. 

A comprehensive review of this policy will be conducted by SWS Training & Consulting Inc.   We will ensure that this policy is widely disseminated to all relevant persons. It will be included in the staff handbook. All new students must be trained on the content of this policy as part of their induction into the company.

Every year, SWS Training & Consulting Inc. will require all students to attend a refresher training course on the content of this policy.