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Workplace ViolenceWorkplace ViolenceIn The Construction In The Construction

IndustryIndustry

By: Student XXXBy: Student XXX

Fall 2007Fall 2007

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DefinitionDefinition

►Workplace violence: Violent acts, Workplace violence: Violent acts, behavior, or threats against workers.behavior, or threats against workers.

►This can include acts on and off the This can include acts on and off the jobsite.jobsite.

►Can include physical or verbal assault, Can include physical or verbal assault, homicide and sexual harassmenthomicide and sexual harassment

►One of the leading causes of job related One of the leading causes of job related deathdeath

►Can damage a business, property, and Can damage a business, property, and image image

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Who is vulnerable Who is vulnerable

►A large number of people are victims A large number of people are victims of workplace violence each yearof workplace violence each year

►Workplace violence accounts for 15% Workplace violence accounts for 15% of all violent crimeof all violent crime

►80% by males, 40% by strangers to 80% by males, 40% by strangers to victim, 35% by casual acquaintances, victim, 35% by casual acquaintances, 19% well known to victim, and 1% by 19% well known to victim, and 1% by victims relativesvictims relatives

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FactsFacts

►4o% of workers say they have been 4o% of workers say they have been screamed at, insulted, threatened with screamed at, insulted, threatened with physical harm, or otherwise intimidated physical harm, or otherwise intimidated on the workplaceon the workplace

►6% of employees say they have been 6% of employees say they have been kicked, slapped, or assaulted with a kicked, slapped, or assaulted with a weapon in the workplace weapon in the workplace

►70% of US workplaces do not have a 70% of US workplaces do not have a program or policy on workplace violenceprogram or policy on workplace violence

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Facts Facts

►56% are not reported to police, 26% 56% are not reported to police, 26% reported to at least one official in reported to at least one official in workplaceworkplace

►62% perpetrator was not armed, 30% 62% perpetrator was not armed, 30% armed with handgunarmed with handgun

►84% have no injuries, 10% require 84% have no injuries, 10% require medical attentionmedical attention

►Estimated 500,000 employees miss Estimated 500,000 employees miss 1,751,000 days of work annually, costing 1,751,000 days of work annually, costing approximately $55 million in lost wagesapproximately $55 million in lost wages

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Traits of someone who Traits of someone who may be violentmay be violent

► Perpetrators of workplace violence often Perpetrators of workplace violence often exhibit a pattern of behavioral characteristics exhibit a pattern of behavioral characteristics that indicate their tendency for violence. Such that indicate their tendency for violence. Such characteristics may include:characteristics may include:

► antisocial tendencies such as isolating antisocial tendencies such as isolating themselves from othersthemselves from others

► a sense of moral superiority or righteousnessa sense of moral superiority or righteousness► an inability to get along with othersan inability to get along with others► a pattern of verbal harassment or abusive a pattern of verbal harassment or abusive

behavior toward othersbehavior toward others

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Traits of someone who Traits of someone who may be violentmay be violent

► an inability to accept responsibility for an inability to accept responsibility for mistakes or a tendency to hold grudges or mistakes or a tendency to hold grudges or blame others for problemsblame others for problems

► a tendency to feel wronged or humiliateda tendency to feel wronged or humiliated► a fascination with guns or weaponsa fascination with guns or weapons► a habit of resisting or challenging authority; a habit of resisting or challenging authority;

and sudden, explosive displays of temperand sudden, explosive displays of temper

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How To Handle Workplace How To Handle Workplace ViolenceViolence

►What the Employer can doWhat the Employer can do Train employees on what behavior is Train employees on what behavior is

acceptableacceptable Train employees on how to handle events Train employees on how to handle events

when they occurwhen they occur Provide a secure work areaProvide a secure work area

►Video surveillance were appropriateVideo surveillance were appropriate►Increased lightingIncreased lighting►Method of contacting appropriate personnelMethod of contacting appropriate personnel

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How To Handle Workplace How To Handle Workplace ViolenceViolence

►What the employees can doWhat the employees can do Learn to recognize threatsLearn to recognize threats Alert supervisors Alert supervisors Avoid being alone in concealed locationsAvoid being alone in concealed locations

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How To Handle Workplace How To Handle Workplace ViolenceViolence

►What should be done after an incidentWhat should be done after an incident Report and log all eventsReport and log all events

►Report to local policeReport to local police

Provide medical evaluationsProvide medical evaluations Discuss what happened and what went Discuss what happened and what went

wrongwrong Try to learn how to avoid futureTry to learn how to avoid future Offer counselingOffer counseling Discuss changes that should be madeDiscuss changes that should be made

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Employer liabilityEmployer liability

►The OSHA General Duty Clause The OSHA General Duty Clause requires employers to provide a safe requires employers to provide a safe workplaceworkplace

►Failure to provide preventative Failure to provide preventative measures can result in an OSHA finemeasures can result in an OSHA fine

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Employer liabilityEmployer liability

►To the victimTo the victim►Employer may be sued by victim forEmployer may be sued by victim for

Not investigating history of perpetratorNot investigating history of perpetrator Not dealing with problem after there was Not dealing with problem after there was

reason to suspect violent behaviorreason to suspect violent behavior Not properly supervising employees Not properly supervising employees

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Employer liabilityEmployer liability

►To the perpetratorTo the perpetrator The ADA ( Americans with Disabilities Act) The ADA ( Americans with Disabilities Act)

prohibits discrimination against prohibits discrimination against individuals with mental disabilities even if individuals with mental disabilities even if these may lead to violent outbreaks these may lead to violent outbreaks unless the employer can show reasonable unless the employer can show reasonable proof that the individual poses a threat to proof that the individual poses a threat to himself or others in the workplacehimself or others in the workplace

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Employer liabilityEmployer liability

►How to minimize liabilityHow to minimize liability Implement a “Zero Tolerance” policy Implement a “Zero Tolerance” policy

toward violencetoward violence►Include intimidation, threats, verbal abuse, Include intimidation, threats, verbal abuse,

harassment, profanity, and disruptive or harassment, profanity, and disruptive or dangerous behaviordangerous behavior

Also have a confidential reporting method Also have a confidential reporting method for reporting all threats or violencefor reporting all threats or violence

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Employer liabilityEmployer liability

►develop a crisis response strategy develop a crisis response strategy Identify who will contact medical and Identify who will contact medical and

emergency personnelemergency personnel Have a method of internal communicationHave a method of internal communication Establish a chain of commandEstablish a chain of command Arrange for counseling Arrange for counseling Communicating with employees families, Communicating with employees families,

the media, customers, and suppliers in the media, customers, and suppliers in the event of a threatthe event of a threat

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SampleSample► Company Z:Company Z:► IndustryIndustry: Real estate/Construction: Real estate/Construction

EmployeesEmployees: 14,000: 14,000

SituationSituation: A CFO of a large real /estate/ construction : A CFO of a large real /estate/ construction company contacted WorkRelationships' after her company company contacted WorkRelationships' after her company was hit with two negligent retention lawsuits in six months; was hit with two negligent retention lawsuits in six months; this was on top of several violence in the workplace incidents this was on top of several violence in the workplace incidents that resulted in a significant increase in their worker's comp that resulted in a significant increase in their worker's comp claims. In particular, the corporate counsel was interested in claims. In particular, the corporate counsel was interested in getting a handle on the employee turmoil which had escalated getting a handle on the employee turmoil which had escalated as part of a failed merger. She was also looking to evaluate as part of a failed merger. She was also looking to evaluate the effectiveness and the efficiency of their existing the effectiveness and the efficiency of their existing employment policies and procedures as well as the employment policies and procedures as well as the consistency of their application across business units consistency of their application across business units

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SampleSample

► The Interpersonal Risk Profile:The Interpersonal Risk Profile: The CFO requested The CFO requested that each business unit manager go through the that each business unit manager go through the Interpersonal Risk Audit and submit each of their Interpersonal Risk Audit and submit each of their reports for their corporate counsel to review. The reports for their corporate counsel to review. The results of the Interpersonal Risk Audits varied results of the Interpersonal Risk Audits varied dramatically from business unit to business unit, dramatically from business unit to business unit, indicating a need for an overall centralized location indicating a need for an overall centralized location of human resource oversight. of human resource oversight.

► There were, though, some similarities across units; There were, though, some similarities across units; workplace violence prevention and substance workplace violence prevention and substance abuse awareness, for example, were consistently abuse awareness, for example, were consistently neglected in spite of the fact that construction is a neglected in spite of the fact that construction is a high risk industry for employee conduct problems. high risk industry for employee conduct problems.

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SampleSample

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Results:Results: Due to the prehire drug screening and Due to the prehire drug screening and management identification-and-referral training, management identification-and-referral training, substance abuse in this construction company was substance abuse in this construction company was reduced by 20 percent in six months. Workplace reduced by 20 percent in six months. Workplace violence assaults were also reduced by 40 percent violence assaults were also reduced by 40 percent due to the implementation of the construction due to the implementation of the construction division training program and background and division training program and background and reference checking system. In the real estate reference checking system. In the real estate division, management turnover, the primary division, management turnover, the primary concern, was reduced by 10 percent after the concern, was reduced by 10 percent after the company implemented a management company implemented a management development and retention program.development and retention program.

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SampleSample

►

ROI: ROI: Company Z was experiencing increasing Company Z was experiencing increasing violence in the workplace. Over 200 violence in the workplace. Over 200 employee assault complaints a year employee assault complaints a year throughout its 14,000 employees. Entering throughout its 14,000 employees. Entering this figure plus anticipated assaults over the this figure plus anticipated assaults over the next year the cost to this company was next year the cost to this company was calculated to be $63,000,000. By calculated to be $63,000,000. By implementing WorkRelationships implementing WorkRelationships recommendations Company Z could save recommendations Company Z could save themselves $22,507,380themselves $22,507,380

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ArticlesArticles

► Friday, May 19, 2006Friday, May 19, 2006► 5/16 Chicago, IL Worker Kills CEO after Poor Perfor5/16 Chicago, IL Worker Kills CEO after Poor Perfor

mance Reviewmance Review

► Tom Tuduj is charged with murdering the CEO of a Tom Tuduj is charged with murdering the CEO of a construction firm as he stabbed him to death in his construction firm as he stabbed him to death in his office. Tuduj was hired several months ago but office. Tuduj was hired several months ago but came to work in the morning enraged over a poor came to work in the morning enraged over a poor job review given the day before. Taking a knife from job review given the day before. Taking a knife from the office kitchen, he stabbed the president of the the office kitchen, he stabbed the president of the company till other co-workers were able to restrain company till other co-workers were able to restrain him. Another worker received minor injuries.him. Another worker received minor injuries.

► Posted by John Lee at Posted by John Lee at 10:52 PM10:52 PM 0 comments0 comments        

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ArticlesArticles► Friday, April 29, 2005Friday, April 29, 2005► April 20th Leominster, MA Construction Company Owner Hits April 20th Leominster, MA Construction Company Owner Hits

and Threatens and Threatens EmlployeesEmlployees

► Walter Fiore, 58, the president of Fiore Construction Walter Fiore, 58, the president of Fiore Construction Co., Inc., was charged with assault and battery, assault Co., Inc., was charged with assault and battery, assault and battery with a dangerous weapon, possession of a and battery with a dangerous weapon, possession of a firearm without an identification card, disorderly firearm without an identification card, disorderly person, and threatening to commit a crime by Milford person, and threatening to commit a crime by Milford police. He allegedly showed up at the work site at 9 police. He allegedly showed up at the work site at 9 a.m. and demanded to see someone who was not a.m. and demanded to see someone who was not present. Frustrated, he allegedly hit a 65-year-old present. Frustrated, he allegedly hit a 65-year-old assistant supervisor and then brandished what assistant supervisor and then brandished what appeared to be a handgun. The two were past business appeared to be a handgun. The two were past business associates. He then went to another construction site associates. He then went to another construction site and demanded to see the man he was seeking while and demanded to see the man he was seeking while waving a machete.waving a machete.

► Posted by John Lee at 12:44 PM 0 comments   Posted by John Lee at 12:44 PM 0 comments  

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ArticlesArticles► Tuesday, April 25, 2006Tuesday, April 25, 2006► 4/19 Brownsville, TX DOT Workers Assaulted by Construction 4/19 Brownsville, TX DOT Workers Assaulted by Construction

Biz OwnerBiz Owner

► Ballenger Construction Co. owner Joe Charles Ballenger Ballenger Construction Co. owner Joe Charles Ballenger allegedly assaulted two senior DOT workers, a regional allegedly assaulted two senior DOT workers, a regional chief inspector and an engineer as they were chief inspector and an engineer as they were inspecting a highway construction project. They had inspecting a highway construction project. They had just reopened a closed traffic lane when Ballenger just reopened a closed traffic lane when Ballenger approached them, angry about the reopening of the approached them, angry about the reopening of the lanes and then reportedly grabbed the engineer by his lanes and then reportedly grabbed the engineer by his shirt collar and pushed him down to the ground.shirt collar and pushed him down to the ground.

► Posted by John Lee at Posted by John Lee at 11:07 PM11:07 PM 0 comments0 comments        ► These articles cam from: These articles cam from:

http://workplaceviolence.blogspot.com/search?http://workplaceviolence.blogspot.com/search?q=constructionq=construction

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Sexual HarassmentSexual Harassment

►The construction industry has most always The construction industry has most always been a male dominated workplace, and been a male dominated workplace, and women are often treated discriminatelywomen are often treated discriminately

►NIOSH did a study that showed that in a NIOSH did a study that showed that in a one year period 41% of female one year period 41% of female construction workers suffered from gender construction workers suffered from gender harassment. In the CWIT study, 88% of the harassment. In the CWIT study, 88% of the respondents reported sexual harassment. respondents reported sexual harassment.

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Sexual HarassmentSexual Harassment

► A former welder reported, A former welder reported,

I applied for an apprenticeship with the I applied for an apprenticeship with the ironworkers. The men who were applying ironworkers. The men who were applying formed groups and sent someone from each formed groups and sent someone from each group to talk to me. They threatened me. group to talk to me. They threatened me. They said, 'You may get this job because of They said, 'You may get this job because of the government, but you won't leave it the government, but you won't leave it alive. We'll be on a site with you some day, alive. We'll be on a site with you some day, and we'll take care of that.' At another job, and we'll take care of that.' At another job, every morning the men came in, punched every morning the men came in, punched the time clock, and then spat on the floor in the time clock, and then spat on the floor in front of me. front of me.

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Sexual HarassmentSexual Harassment► Tradeswomen tell of threats of physical harm, Tradeswomen tell of threats of physical harm,

sabotaged work, and being placed in dangerous sabotaged work, and being placed in dangerous situations by male co-workers and supervisors. The situations by male co-workers and supervisors. The NIOSH phone survey showed that, in the past year, NIOSH phone survey showed that, in the past year, 10% of the women reported having their work 10% of the women reported having their work vandalized, and 10% had experienced threats of vandalized, and 10% had experienced threats of physical violence by co-workers and/or supervisors. physical violence by co-workers and/or supervisors. The following quotations from the CWIT study provide The following quotations from the CWIT study provide examples: examples:

I was going down a ladder one day that was, I don't I was going down a ladder one day that was, I don't know how many stories, and he [her over there and know how many stories, and he [her over there and took the ladder and started shaking it. If I had fallen took the ladder and started shaking it. If I had fallen I'd be dead, foreman] came I was just that high. I I'd be dead, foreman] came I was just that high. I said, 'Stop shaking the ladder,' but he kept shaking it said, 'Stop shaking the ladder,' but he kept shaking it and laughing, saying 'She's scared, she's scared.' and laughing, saying 'She's scared, she's scared.'

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Sexual HarassmentSexual Harassment► Sexual harassment is a serious problem for female construction Sexual harassment is a serious problem for female construction

workers. According to a 1996 workers. According to a 1996 USA TodayUSA Today analysis of U.S. Equal analysis of U.S. Equal Employment Opportunity Commission and Bureau of Labor Employment Opportunity Commission and Bureau of Labor Statistics data, female construction workers had the second Statistics data, female construction workers had the second highest rate of sexual harassment complaints per 100,000 highest rate of sexual harassment complaints per 100,000 employed women.8 Female miners had the highest rate. Sexual employed women.8 Female miners had the highest rate. Sexual harassment in the workplace is not only an equal employment harassment in the workplace is not only an equal employment opportunity issue but is also increasingly recognized as a safety opportunity issue but is also increasingly recognized as a safety and health issue and health issue

► Sexual harassment violates laws prohibiting sex discrimination in Sexual harassment violates laws prohibiting sex discrimination in employment. Under Title VII of the Civil Rights Act of 1964, as employment. Under Title VII of the Civil Rights Act of 1964, as amended, unwelcome sexual advances, requests for sexual amended, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: constitutes sexual harassment when: submission to such conduct is made either explicitly or submission to such conduct is made either explicitly or

implicitly a term or condition of an individual's employment; implicitly a term or condition of an individual's employment; submission to, or rejection of, such conduct by an individual is submission to, or rejection of, such conduct by an individual is

used as the basis for employment decisions affecting such used as the basis for employment decisions affecting such individual; or individual; or

such conduct has the purpose or effect of unreasonably such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.an intimidating, hostile, or offensive working environment.

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ReferencesReferences

► "Women in the Construction Workplace:"Women in the Construction Workplace:Providing Equitable Safety and Health Protection" From OSHAProviding Equitable Safety and Health Protection" From OSHA

► ““Violence in the workplace” By Guy Toscano and William WeberViolence in the workplace” By Guy Toscano and William Weber► Violence articles http://workplaceviolence.blogspot.com/search?Violence articles http://workplaceviolence.blogspot.com/search?

q=constructionq=construction► Sample Outputs of WorkRelationships' Interpersonal Risk Management Sample Outputs of WorkRelationships' Interpersonal Risk Management

System http://www.workrelationships.com/site/ira/riskprevent_Z.htmSystem http://www.workrelationships.com/site/ira/riskprevent_Z.htm► FACILITIES MANAGEMENT NEWS FACILITIES MANAGEMENT NEWS

http://www.fmlink.com/News/Articles/news.cgi?http://www.fmlink.com/News/Articles/news.cgi?catid=1000&display=article&id=22013catid=1000&display=article&id=22013

► Dealing with Anger in the Workplace: Avoiding Liability for Workplace Dealing with Anger in the Workplace: Avoiding Liability for Workplace Violence Violence http://www.constructionbusinessowner.com/topics/law/dealing-with-http://www.constructionbusinessowner.com/topics/law/dealing-with-anger-in-the-workplace-avoiding-liability-for-workplace-violence_2.htmlanger-in-the-workplace-avoiding-liability-for-workplace-violence_2.html

► OSHA fact sheet on workplace violenceOSHA fact sheet on workplace violence