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WORKPLACE VIOLENCE:HOW TO PREPARE FOR AND RESPOND TO THE UNTHINKABLE STEVEN GUTIERREZ, PARTNER, HOLLAND & HART LLPMANENDRA BHUGRA, MANAGER LEARNING AND DEVELOPMENT, CCA, INC.
SEPTEMBER 21, 2017
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INTRODUCTIONS
Manendra Bhugra
Manendra is the Manager of Learning andDevelopment at CCA. She consults across thetalent lifecycle to design and deliver development solutions that address criticalworkforce issues. Manendra has extensiveexperience managing and facilitating learningprograms, working with individuals, teams, and organizations to facilitate behavioral andcultural transformation.
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INTRODUCTIONS
Steve Gutierrez
Steve advises employers on how to attract andretain qualified, productive employees within themodern legal environment. With hispractical approach, he helps organizations complywith federal, state, and local employment laws, offering counseling and training to executives, supervisors, and human resource professionals.When litigation arises, Steve provides strategicand cost-effective representation to businessesthroughout the West.
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AGENDA
• What is workplace violence• Workplace violence and the law• Recognizing the hazards of workplace
violence• Developing a workplace violence action
plan• Responding to violent incidents• Q&A
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DEFINITION
• Workplace violence is any act or threat of physical violence, intimidation, or other threatening disruptive behavior directed at someone on duty or at work
• It can involve employees, clients, vendors, visitors, or strangers (e.g., terrorists)
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STATISTICS
• Nearly 2 million American workers report having been victims of workplace violence each year
• Many more cases are not reported• In 2015:
– 417 workplace homicides – 229 work-related suicides (per Bureau of Labor Stats.)
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WORKPLACE HOMICIDES
Source: National Center for Victims of Crime
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WORKPLACE HOMICIDES
Source: National Center for Victims of Crime
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NON-FATAL WORKPLACE VIOLENCE
Between 2005 and 2009, men were more likely to be victimized in the workplace by a stranger while women were more likely to be victimized by someone they knew
Source: National Center for Victims of Crime
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EMPLOYER’S DUTY
• Employers have a legal obligation to provide a safe workplace
• Occupational Safety and Health Act (OSH Act), General Duty Clause– Workplace free from recognizable hazards
that are causing or likely to cause death or serious harm to employees
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NEGLIGENT HIRING, SUPERVISION, RETENTION
• Employers may be held liable for negligently hiring, supervising, or retaining employees with problems that cause injury or damage to others
• Based on employer’s failure to exercise reasonable care when employer knew, or should have known that person was not fit for the particular employment
• Example: hiring individual with DUI/DWI convictions as a driver
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IMPACT OF WORKPLACE VIOLENCE ON EMPLOYEES
• Loss of workplace productivity and effectiveness
• Decrease in morale• Increased turnover• Stress• Employee physical and emotional issues• Increased demands on managers to handle
people issues
Source: What You Need to Know About Workplace Violence, American Business Magazine, Dec. 26, 2012
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SOURCES OF VIOLENCE
• Assess the behavior, not the person– Anyone can be an aggressor– Pay attention to behavior that is out of place
or concerning– Appearance is not the sole indicator
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RESPONSE CONTINUUM
•HealthyHealthy Aggressive Violent
RespectDignityIntegrity Bullying
HarassmentRetaliation
Verbal AggressionThreatsIntimidation Physical Aggression
Assault
DisrespectIncivilityUnprofessional
SuicideHomicide
http://www.crisisprevention.com/Specialties/Prepare-Training/Definition-of-Workplace-Violence/Workplace-Violence-Continuum
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WORKPLACE RISK FACTORS
• Negative performance review• Disciplinary actions, including terminations• Unwelcome change in role (e.g., performance
or reorganization)• Job stress (e.g., unfair working conditions,
undefined expectations, etc.)• Poor management styles (e.g., autocratic,
inconsistent discipline, reprimands in front of others, etc.)
• Interpersonal conflict (peers, co-workers, supervisors)
• Perceived injustice
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MANAGEMENT RISK FACTORS
• Conveying negative information• Creating collaborative relationships• Responding to problematic employee
situations• Self-awareness• Assessing resources
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EMPLOYEE RISK FACTORS
• High levels of stress• Unconstructive attitude• Mental health problems• Substance abuse • Negative affect• Personal life challenges• Personality features• History of violence
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• Disrespectful to authority
• Refusal to acknowledge job performance problems
• Blaming others for mistakes
• Unpredictable changes in energy level/mood
• Pacing, restless, or repetitive movements
• Change in grooming or hygiene
• Social isolation• Swearing/emotional
outbursts• Avoiding eye contact• Inappropriate/offensive
comments/jokes about violence
• Difficulty remembering, thinking, problem solving
• Stalking or invasion of personal space
• Excessive tardiness or absences
RECOGNIZE WARNING SIGNS: OBSERVABLE BEHAVIOR
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RECOGNIZE WARNING SIGNS: PHYSIOLOGICAL
Red/white faced Sweating Trembling or shaking
Clenched jaws or fists
Exaggerated or violent gesturing Change in voice
Loud talking or chanting
Shallow, rapid breathing
Incongruent emotional/behavioral
signals
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DEVELOPING A WORKPLACE VIOLENCE ACTION PLAN
1. Assess potential hazards and threats• Get input from managers, operations, human
resources, security, legal, and non-management employees
• Have team evaluate vulnerability of workplace and workforce regarding different types of workplace violence
• Assess employer’s readiness to prevent, address, and respond
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DEVELOPING AN ACTION PLAN
2. Create “Zero Tolerance” Workplace Violence Policy• Make sure senior management “buys-in” on
policy• Policy should encourage prompt reporting and
ban retaliation against those who report threat or act of violence
• Reserve right to search and monitor workplace, including personal belonging brought in
• Publish policy and educate all employees on it• Include it in your employee handbook or on
internal website
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DEVELOPING AN ACTION PLAN
3. Consider pre-employment and ongoing screening procedures
• Review job applications and resumes carefully• Interviewers should ask about discrepancies,
gaps, and vague answers• Check references• Conduct appropriate background checks as
relevant to job (e.g., criminal history, driving record, civil lawsuits (which can show restraining orders, etc.))
• Determine whether drug and alcohol testing will be conducted
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DEVELOPING AN ACTION PLAN
4. Train supervisors to recognize and address signs of workplace violence
• Educate on risk factors and observable behavior
• “Zero tolerance” for talk, jokes, or acts of violence
• No weapons allowed in the workplace • Reporting of any threats or incidents
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DEVELOPING AN ACTION PLAN
5. Take security measures to protect your workers
• Locked doors or other restricted access• Key card/badges for employees• Central reception area for visitors with log• Require that all vendors, repair personnel, and
other non-employees are verified and accompanied while in workplace
• Install security cameras, lights, and alarms• Consider hiring security personnel• Make sure parking areas are secured and well-lit
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RESPONDING TO INCIDENTS
• Be prepared in advance• Establish:
– chain of command – who is point person?– emergency notification procedures (e.g.,
police, ambulance, employee’s family, etc.)– internal communications– public/media relations– operational concerns– counseling for employees, EAP, etc.
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RESPONDING TO INCIDENTS
• Investigate ALL threats and incidents of violence, no matter how minor
• Enforce your “zero tolerance” policy• Take appropriate employment action against
employee who threatens or acts in a violent manner
• Be open to workplace changes that help keep “victims” safe– example: change work telephone number, email
address, or work shift for employee who is being stalked or is a victim of domestic abuse
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SCENARIO #1
• A female employee broke off a romantic relationship with a co-worker, but he wouldn’t leave her alone
• After she got a restraining order against him, he lost control and went into her office
• He hit her and she fell from her chair. He then broke a soda bottle and cut her face with the glass
WHAT DO YOU DO?
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TAKE ACTION
• Get medical help for the victim• Contact police – criminal act• Should you restrain perpetrator if he is still on
the premises?• Put action plan into action – e.g., point
person, internal and external communications, etc.
• Inactivate perpetrator’s entry badge/key card – coordinate with police about other deactivations
• Try to limit affect on co-workers (e.g., seal off area, have outside cleaning crew clean it up, etc.)
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TAKE ACTION – AFTER THE IMMEDIATE EMERGENCY
• Assist victim with necessary forms (e.g., FMLA leave, etc.)
• Offer counseling/EAP for colleagues and family members
• Should you visit victim in the hospital or at home during recovery?
• Process termination of perpetrator• Other steps?
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SCENARIO #2
• During a lunch break, an employee overhears a co-worker talking on his cell phone say “I hate my f***ing supervisor. I swear, if he gets on my case one more time, my Glock may do my talking for me.”
• The employee who heard the statement reports it to HR
WHAT DO YOU DO?
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TAKE ACTION
• Investigate it– talk to the employee who overheard the threat– talk to the supervisor to find out what is going
on with that employee– talk to the employee who made the threat
• Do you terminate the employee? • Activate action plan – report it through
chain of command, enforce policy, etc.• Are any protections needed for the
employee who reported it?
