When, not If Violence in the Workplace fisherphillips.com 1 - - PDF document

Fisher Phillips - Workplace Violence Prevention Training 8/30/2018 1

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John Loftus Boston Properties Director of Safety & Security Annie Lau Fisher Phillips (415) 490-9023 alau@fisherphillips.com

Workplace Violence Prevention & Active Shooter Training

August 30, 2018

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When, not If

Violence in the Workplace

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UPS Shooting – June 13, 2017, San Francisco

Shooter, an employee, had filed a grievance claiming that he was working excessive overtime and appeared to specifically go after the three drivers he killed

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ConAgra Foods Shooting, July 2004, Kansas City

Employee kills 6 co-workers because he was upset over teasing

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Excel Industries, February 2016, Kansas

Employee kills 3 and injures 14 coworkers, 90 minutes after he was served with a restraining order

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Nearly 2 million Americans report they’ve been victims of violence at work each year

Workplace Violence

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• 70% ended in 5 minutes
• r less
• 66.9% incidents ended

prior to police arrival

• 40% were mass killings

(i.e., 3 or more killed)

FBI study of active shooter incidents in United States, 2000 - 2016

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OSHA defines workplace violence as:

…any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that

• ccurs at the work site.

It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers, and visitors.

Workplace violence, defined

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According to the National Institute for Occupational Safety and Health, workplace violence falls into four categories:

• Criminal intent
• Customer/client
• Worker-on-worker
• Personal/domestic relationship

Source: National Safety Council (NSC)

Who is involved?

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Factors that may increase the risk of violence for a job and/or workplace:

• Exchanging money with the public and working with volatile,

unstable people

• Working alone or in isolated areas
• Workplaces where alcohol is served
• Time of day and location of work

Dangerous potential

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Those associated with the highest risk of workplace violence include:

Dangerous jobs

Customer service agents Delivery drivers Public service workers Cashiers Healthcare professionals

(especially nurses)

Law enforcement personnel

Source: OSHA fisherphillips.com

How can employers reduce the risk of violence in their workplaces?

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• Excessive use of alcohol or drugs
• Unexplained absenteeism, change in behavior or decline in

job performance

• Depression, withdrawal or suicidal comments
• Resistance to changes at work or persistent complaining

about unfair treatment

• Violation of company policies
• Emotional responses to criticism, mood swings
• Paranoia

Source: NSC website

Understand the potential warning signs

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Best Practices to Prevent Workplace Violence: During Employment

• Policies
• Commitment to safe work environment
• Physical and non-physical violence
• No weapons
• Duty to Report
• Zero Tolerance

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A well-written and implemented workplace violence prevention program includes:

• Educating and training employees
• Creating an emergency action plan
• Conducting mock training exercises with local law

enforcement

• Adopting a zero-tolerance policy toward workplace violence

Source: NSC

Create a prevention program

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Then implement it!

Train employees on warning signs, both remote and immediate Implement a process for reporting any threat of violence to or in the workplace (also address confidentiality, social media and falsification) Ensure that employee privacy is respected Emphasize that all threats are taken seriously and will be investigated

Source: OSHA

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Take note

A zero-tolerance policy…

…Should include all workers, patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel. …Can be a separate workplace violence prevention program or incorporated into a safety and health program, the employee handbook, or manual of standard operating procedures. …Must be known and understood that all claims of workplace violence will be investigated and resolved promptly.

Source: OSHA fisherphillips.com

Best Practices to Prevent Workplace Violence: During Employment

• Supervisor Training
• Identifying threats
• Persistent problems
• Lying or blaming others
• Fascination with weapons
• Adverse employment action

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• Employee Training
• Workplace Violence Policy
• Types of potential emergencies
• Reporting procedures
• Alarm or alert systems
• Evacuation plans/routes

Best Practices to Prevent Workplace Violence: During Employment

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• Raise the overall safety and health knowledge across the

workforce

• Provide employees with the tools needed to identify

workplace safety and security hazards

• Address potential problems before they arise and ultimately

reduce the likelihood of workers being assaulted

• Formal instruction on specific or potential hazards associated

with the unit, job, and facility

Training for All Workers

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Best Practices to Prevent Workplace Violence: During Employment

• Searches
• Threat investigation
• Employee assistance

program

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Best Practices to Prevent Workplace Violence: Termination

• Witness
• Timing
• Script
• Post-meeting plan

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Even with an action plan in place, can it still happen?

(Unfortunately.)

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• Failure to properly screen

employees results in hiring a person with a history or evidence of criminal acts.

• Keeping an employee after the

employer became aware of the employee’s unsuitability and failed to act.

How May Employers Be Liable For Workplace Violence?

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• Failure to provide

necessary monitoring to ensure the employee is performing duties.

• Inadequate measures to

safeguard employees and customers from potential threats.

How May Employers Be Liable For Workplace Violence?

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• Healthcare
• April 1, 2017
• Violent Incident Log
• Recordkeeping
• April 1, 2018
• Workplace Violence Prevention Plan
• Review of Workplace Violence Prevention Plan
• Training

Cal OSHA Workplace Violence Prevention

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• Currently considering Workplace Violence Prevention

Standards for General Industry

• Procedures to:
• Develop/provide training
• Identify and evaluate workplace violence hazards
• Correct workplace violence hazards in timely manner
• Post-injury response and investigation

Cal OSHA

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• Common experience
• 27% report being the present or a prior target of a

bully at work (36 million people)

• Consequences
• 61% of bullied targets lose their jobs with their

employers

• 29% voluntarily left their jobs to escape more

mistreatment

• 19% were forced to quit when work conditions

worsened

• 13% were terminated by the employer

Workplace Bullying Institute, http://workplacebullying.org/multi/pdf/WBI-2014-US-Survey.pdf

Is Workplace Bullying A Problem?

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• Cost of bullying is incredibly high:
• High number of hours in lost time &

productivity

• Consider high cost of leave, non-

productive time, and of replacing departing employees

• Tensions in the workplace rise
• Increase in tardiness, early departure

from work, or absenteeism occurs

Is Workplace Bullying A Problem?

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• Commitment from leadership
• Make it clear to all employees that a bullying

management style is not consistent with your mission and values

• The bully must embrace becoming a part of solution
• Solicit feedback and be open to change
• Identify Action Plan
• Make meeting expectations a part of performance review

Addressing Bullying Situations

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• Ignoring or neglecting threatening behavior
• Escalating risk through confrontational approaches
• Premature or inappropriate police involvement
• Just sending employees exhibiting threatening behavior for

“fitness for duty” evaluations

• Expecting counselors, employee assistance program or

mental health professionals to change employee’s personality

• Failing to document misconduct

Common Errors By Employers

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John Loftus Boston Properties Director of Safety and Security

Active Shooter Training

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Annie Lau Fisher Phillips (415) 490-9023 alau@fisherphillips.com

Questions?

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Fisher & Phillips LLP is dedicated exclusively to representing employers in the practice of employment, labor, benefits, OSHA, and immigration law and related litigation.

THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE PROGRAM SHOULD NOT BE CONSTRUED AS LEGAL ADVICE OR AS CRITICAL OF THE CURRENT OR PAST ADMINISTRATIONS.

(415) 490-9023 www.fisherphillips.com