WORKPLACE

VIOLENCEin the

COMMUNICATIONS WORKERS OF AMERICA

CWA

Communications Workers of America, AFL-CIO, CLC501 Third St., NWWashington, DC 20001-2797202/434-1100

Produced by the CWA Education and Health & Safety Departments2011

CWA

What is Workplace Violence?

As a Union, we must take a stand for safety in the workplace. Violence is aserious safety concern that we can and should address through collectiveaction and regulatory agency assistance.

Workplace violence can take on many forms and is not limited to thoseworkplaces where violence is expected — such as law enforcement andmental health — but occurs in almost every occupation that deals with thepublic. This booklet covers several forms of violence and suggestions onhow to address them.

Workplace violence includes:

� verbally abusive behavior;� threats of future injury to others;� menacing with a fist or brandishing a weapon;� low-level assault, such as pushing;� overt physical violence, striking at another with a fist or weapon;� attempted murder; and� murder or suicide

What is Workplace Violence?

� 1

NABET-CWA Local 51016 and TNG-CWA Local 31222Bravery and Preparedness While Providing Media Reports

Reporters are often involved in risky situ-ations as they cover breaking news of vi-olence and war, but nothing could pre-pare an ABC news team after they werecarjacked and threatened with beheadingduring the Egyptian revolution of 2011.

Akram Abi-hanna, a veteran photogra-pher from Local 51016 in New YorkCity, used his Lebanese heritage and Ara-bic language skills to de-escalate the situ-ation and persuade a pro-Mubarak mobto release him and 3 other team mem-bers. Brian Hartman, a producer in theteam, wrote: “The men released us onlyafter our cameraman appealed to thegenerous spirit of the Egyptian people,hugging and kissing an elder.”

NABET-CWA President Jim Joyce said,“Our viewers and readers don’t necessar-ily realize what it takes to get these storiesand how much risk people put into theirjobs. What happened to Akram and histeam in Egypt is a dramatic example ofhow our members selflessly put their liveson the line to bring the important storiesof world-changing events to people backin the United States and around theworld.”

What steps are taken to ensure reporters’safety? At the Associated Press, reporterscover disasters such as the Haiti earth-quake and Hurricane Katrina, as well aswars and neighborhood violence. Someof the more innovative safety measureshave included war safety classes taughtby British commandoes. There, reporterswere trained in first aid, recognizing haz-ards, and other matters specific to the re-gions of the world where they might re-port on violent conflict.

TNG-CWA members of Local 31222who work at the Associated Press alsohave negotiated an additional layer ofprotections above workers’ compensa-tion. The contract requires managementto provide protective devices such as bul-let-proof vests and gas masks to reporterscovering dangerous situations. Fortu-nately, the AP has been very responsiveto suggestions and ideas to further reducethe risk of violence in everyday work.Tony Winton, Local President, remarked:“The Guild has worked in a cooperativeway with the AP to support reporterswith training before, during, and afterdifficult assignments.”

2 �

Workers who are most likely to be assaulted are those who:� work with the public;� must work alone;� handle money;� come in contact with patients or clients who may be violent; and� deal with customer or client complaints.

CWAmembers working in many different occupations experience many different types ofviolence on the job.

Throughout this booklet you can read real life stories of workplace violence experienced byCWAmembers.

Who is Affected?

How Big is The Problem?

Approximately 18% of all violent crimeoccurs in the workplace. In 2008 alone,homicides accounted for 10% of allworkplace deaths, according to the Bureauof Labor Statistics (BLS). We often think ofoccupations such as police officers,corrections officers, taxi drivers, orconvenience store clerks as the most likelyvictims, but other types of workers areincreasingly subjected to violence.

Approximately 24% of workplace violenceis related to personal relationships, whichinvolve situations where an individual gainsaccess to a workplace and commits a crimetargeting an employee or customer who is acurrent or former intimate partner. Othercommon examples of workplace violence inthis category involve rape or sexual assaultby a supervisor or coworker as well as:

� An employee uses a work cell phone tothreaten a coworker with whom he or shehad a prior intimate relationship.� A survivor of domestic violence has fled herabusive relationship and is now beingfollowed by her abuser at work.� A former dating partner stalks anemployee.� A customer stalks a coworker.� A supervisor sexually assaults anemployee in an isolated part of a factory orfarm.� An employee’s estranged husband attacksthe employee at the parking lot leading tosevere injuries.� An employee’s former partner gains accessto the workplace with a weapon and killsthe employee and her coworker.

� 3

Local 2055Corrections Officers and Non-Uniformed Support StaffLobby for OSHA Bill Inclusion

When the West Virginia Legislature passed a state OSHA bill in the 1980s, Correc-tions employees—members of CWA Local 2055—were excluded. The bill was neverfunded, but CWA leaders and activists worked hard to move the funding portionthrough the state house and create the case that our members deserve to be included inthe same provisions that cover public law enforcement workers. In coalition withother public sector unions and the AFL-CIO, CWA members hold an annual “Correc-tions Day” at the state capitol, where they lobby legislators about how they, too, faceregular assaults from inmates. Becky Slayton, an employee at Beckley CorrectionalCenter and member of CWA Local 2055 said, “Our work can be very dangerous andstressful and we need to be sure our elected representatives really understand the ex-tent of the dangers we face every day on the job and help us with the issues that can beresolved with legislative measures.”

4 �

Why Are Workers Assaulted?

Each incident of violence has its ownset of causes. Working with customersor patients who may be frustrated,anxious, impatient, angry, in shock,mentally disturbed, or under theinfluence of drugs or alcohol inevitablycarries with it the potential forviolence. Such people may lash outagainst whoever is closest to him/her –often an employee.

Some specific factors which commonlyplay a role are:

� Under-staffing, which forces peopleto work alone or without enough staffto provide good coverage, thusallowing tensions to rise amongpatients or clients;

� Lack of training for workers inrecognizing and defusing potentiallyviolent situations;� Failure to alert workers to patientsor clients who have a history ofviolence;� Failure to provide an escort orbuddy system to work in high-crimeareas;� Failure to design safe workplace(including security) and emergencyprocedures;� Failure to identify hazardousconditions and develop propercontrols, policies and educationprograms.

� 5

FACT:In 2008, shootings accounted for 80%

of all homicides in the workplace,but only 12% of assailants were

co-workers or former co-workers.

Local 1126Deranged Customers an Unwelcome Part of Retail Work

In 2010, Seth Turk, a member of CWALocal 1126, was standing at his desk to-ward the front of the AT&TWirelessstore in the town of New York Mills. Hewas on the phone, trying to get somehelp with a warranty for a walk-in cus-tomer, a young off-duty police officer,Donald Moore.

While Seth was on hold, a familiar cus-tomer came through the door. He was a79-year-old man who used to come intothe store almost daily and had earned areputation as a bit of a troublemaker, ha-rassing and complaining about employ-ees. Seth and his coworkers hadn’t seenhim for more than a month, and therewas a good reason for that.

AT&T had sent a letter officially banningthe elderly customer from the store afterSeth told his boss and a union represen-tative that the man carried a revolver.He’d shown the gun and his concealedweapons permit to Seth some monthsearlier when the two of them were hav-ing a friendly chat about policing. Thegun was legal, but when the man’s com-plaints and behavior escalated, Seth be-came concerned and reported it.

Within a few weeks, authorities seizedthe man’s gun and revoked his carry per-mit. The day after he lost his appeal was

the day he returned to the store andopened fire. Seth was wounded, but thebullet that struck Seth was the only shotthe elderly customer was able to fire.Within a split second, Officer Moore hadpulled his weapon and killed the gunmanbefore he could shoot off another round.Officer Moore’s instantaneous reactionsaved Seth and everyone else whoworked at the store. This was a premedi-tated act that could have been even moretragic; the customer had written a letterpledging to kill six people who workedat the store, including two managers andfour CWA members. Seth was the first onthe list.

Since this shooting, AT&T providedarmed security outside the store until itseventual move to a shopping mall. Thecompany installed additional camerasand 911 emergency buttons for the safetyof employees. CWA continues to monitorthe situation and members are reportingto authorities any disgruntled customerswho make questionable or threateningcomments.

6 �

What Are the Effects of Violence?

Aside from physical injuries, violent,abusive or threatening incidents in theworkplace can result in serious dis-abling psychological damage. Theconstant fear of violence erupting cancause enormous stress and emotionalharm.

Victims of workplace violence have anincreased risk of Post Traumatic StressDisorder (PTSD), a disorder commonamong combat veterans and victims ofterrorism, crime, rape and otherviolent acts. Emotional problems

resulting from violent incidents includeself-doubt, depression, fear, PTSD, lossof sleep, irritability, disturbedrelationships with family, friends andco-workers, decreased ability tofunction at work, and increasedabsenteeism.

Workers often blame themselves whenthey are injured in an assault, andmanagement often encourages thisself- blame.

� 7

8 �

The Federation of Social Workers, IUE-CWA Local 81381, has represented caseworkers in Rochester, NY for more than50 years. As part of their job, some case-workers must make home visits to super-vise and monitor court ordered visits andinvestigate complaints involving childprotection issues. In some cases, familymembers become enraged and threatenor attack the case worker. To address thethreat of violence, workers are encour-aged to request to have a police escortwhen they know there is a history of vio-lence in the home. However, police es-corts are not always available when theyare requested. Because police are not al-ways available, the Union intervenes dur-ing risky home visits and urges that twopeople go together for situations with ahistory of extreme tension and/or threat-ening behavior. The Union also inter-venes when management assigns thesame case worker who removed a childfrom the home to later monitor the

child’s visitation meetings with his/herparent(s). Just the vision of the caseworker can trigger angry responses froma parent, so the practice is not advised.Evelyn Evans, President of Local 81381said, “We understand the risks inherentin our work, but we feel the County—our employer—needs to provide basicprotections for caseworkers who requirethem.”

New York State passed legislation inJune, 2006 that requires publicemployers to:

� Perform a workplace evaluation orrisk assessment at each worksite;� Develop and implement programs toprevent and minimize workplace vio-lence; and� Train employees and supervisors onrecognizing and reporting issues of work-place violence.

IUE-CWA Local 81381Social Workers Face Daily Risk While Protecting Children

� 9

Workplace violence can often beprevented — even in workplaces thatserve groups of the public who tend tobe aggressive and violent. In almostevery case, there are solutions. Someare easy, painless and cheap; others aremore difficult and more expensive.Solutions differ greatly fromoccupation to occupation, and fromworkplace to workplace. Yet there aremeasures that can be taken to makethe work environment less dangerous,even in the most inherently dangerousworkplaces.

Engineering Controls

We can reduce the incidence ofviolence by making our workenvironments safer. Recommendedengineering controls include changingoffice design to provide escape routesfor employees; installing panic alarms,bullet proof glass and entrancecontrols in certain parts of a building,closed circuit TV cameras, and

increased lighting outside a workplace;restricting entrance to a facility afterdark; and providing mobile phonesand escorts for field personnel.

Some CWAmembers who work inhigh- crime areas are provided escortsto help prevent violence. Employershave increased lighting in parking lotsor hired security guards. You’ll findexamples of solutions to someworkplace violence problems in thestories of CWAmembers throughoutthis book.

Administrative Controls

Administrative controls can include:additional staffing; a ban on workingalone; recording and investigatingincidents, verbal abuse and “nearmisses;” and, training in diffusingviolent situations or in self defense.Workers in the field should also beable to refuse to go into a job area ifthey feel it may be unsafe.

How Can We Prevent Violence?

10 �

When a male manager started makingsexual advances towards a female em-ployee/union officer/steward at an AT&Tgarage, the woman went straight to theCivil Rights and Equity Committee ather local to report the incidents. Thelocal filed charges with the EEOC anddemanded upper management deal withthe lower-level manager’s discriminatorybehavior. The manager in questionsigned a statement admitting inappropri-ate behavior and vowed not to do itagain.

The manager may have been put on no-tice, but he began to bully the samewoman on several occasions by speaking

in a loud and demeaning voice in front ofher peers, following her in the work-place, and glaring at her whenever theymet. In the final incident, she was walk-ing through an area that was not herwork zone when a technician asked her aunion-related question. The manager hadfollowed her and yelled out, “Leavenow!” He escorted her out of the roomand then attempted to suspend her forinsubordination. The local’s Civil Rightsand Equity Committee jumped into ac-tion again to support their union sisterby filing additional charges and a griev-ance that underscored the right to abully-free workplace. The manager wasultimately terminated.

Local 4100Union Stops a Manager Bully

� 11

Yes, but what is it? Workplace bullyingrefers to repeated, unreasonableactions of individuals (or a group)directed towards an employee (or agroup of employees), which isintended to intimidate and creates arisk to the health and safety of theemployee(s).

Workplace bullying often involves anabuse or misuse of power. Bullyingincludes behavior that intimidates,degrades, offends, or humiliates aworker, often in front of others.Bullying behavior creates feelings ofdefenselessness in the target andundermines an individual’s right todignity at work. Bullying is differentfrom aggression. Whereas aggressionmay involve a single act, bullyinginvolves repeated attacks against thetarget, creating an on-going pattern ofbehavior.

Examples of Bullying:

� Unwarranted or invalid criticism.Example: “Your work really doesnothing to advance the organization.”

� Blame without factual justification.Example: “We won’t get bonusesbecause of you.”� Being treated differently than therest of your work group. Example:Giving a probationary workerunreasonable amounts of workwithout proper training.� Being sworn at.� Given unrequested nicknames.Examples: “Professor Smartypants” or“Baldy” or “El Jefe”� Exclusion or social isolation.Example: Not being invited to theholiday party.� Being shouted at or beinghumiliated. Example: Called out at ameeting for wearing unfashionableshoes.� Being the target of practical jokes.Example: A new employee is the targetof “dumb blonde” jokes� Excessive monitoring. Example: Aboss who regularly changesassignment priorities too quickly toallow for competent and thoroughwork.

Bullying: Is it Workplace Violence?

12 �

As airlines trim passenger amenitieswhile booking full flights, the flightattendant usually receives the brunt ofpassenger complaints. Occasionally,passengers step out of line and bully aflight attendant in order to meet theirneeds. In one example, a passengerbecame upset when her seat cushion waswet. She threw the cushion at the feet ofa flight attendant and proceeded to yell,“We paid good money. How dare youask me to sit on a wet cushion!” Whenthe flight attendant tried to calm her andoffer solutions to the problem, thewoman’s husband then threw a cushionat her and the original passenger startedbullying the attendant by threatening tojeopardize her job.

The flight attendant sought help from thepurser and the two passengers plus theirtraveling companions were removedfrom the flight before take-off. In the air-line industry, the FAA (not OSHA) over-sees workplace safety standards, butflight attendants must exercise theirrights to safe working conditions. Incases of irate passengers, this can be adifficult set of judgment calls.

AFA-CWAPassenger Violence Toward Flight Attendants Increasing

� 13

ContinuedBullying: Is it Workplace Violence?

Bullying is Different fromHarassment

Harassment is one type of illegaldiscrimination and is defined asoffensive and unwelcome conduct,serious enough to adversely affect theterms and conditions of a person’semployment, which occurs because ofthe person’s protected class, and canbe imputed to the employer. At afederal level, protected classes inemployment are race, color, religion,national origin, age, sex, disability,veteran/military status, and geneticinformation.

An example of harassment could bewhen an employee tells racist jokesand refers to a particular co-worker orgroup of co-workers by using racialslurs, and after a complaint, theemployer does nothing to stop thebehavior. Another example ofharassment could be a male managerwho makes unwelcome sexualsuggestions to a female employee andtouches her inappropriately or makes

her promotion dependent on heracquiescing to his demands for sex.

Bullying also differs from retaliation,which occurs after a person makes acomplaint of illegal discrimination,and is then the subject of an adverseemployment action or subjected toharassment because he or she madethe complaint.

Bullying, on the other hand, is oftendirected at someone a bully feelsthreatened by. The target often doesn’teven realize when they are beingbullied because the behavior is covert,through trivial criticisms and isolatingactions that occur behind closeddoors. While harassment is illegal;bullying in the workplace is not. Whatwe are seeing, however, are moreemployers taking the issue seriouslyand implementing policies thatattempt to curb the behaviors.

14 �

Regain control by:� Recognizing that you are beingbullied.� Realizing that you are NOT thesource of the problem.� Recognizing that bullying is aboutcontrol, and therefore has nothing to dowith your performance.

Take action by:� Keeping a diary detailing the natureof the bullying (e.g., dates, times, places,what was said or done and who waspresent).� Obtaining copies of harassing /bullying paper trails; hold onto copiesof documents that contradict the bully’saccusations against you (e.g., timesheets, audit reports, etc.).

Other actions:� Expect the bully to deny and perhapsmisconstrue your accusations; have awitness (Union Steward) with youduring any meetings with the bully;report the behavior to an appropriateperson.

� Talk with your Union Steward aboutwhere the grievance process may apply

Stand up for what’s right: If you areaware of bullying in the workplace anddo not take action, then you areaccepting a share of the responsibilityfor any future abuses. This means thatwitnesses of bullying behavior shouldbe encouraged to report any suchincidences. Individuals are less likely toengage in antisocial behavior when it isunderstood that the organization doesnot tolerate such behavior and that theperpetrator is likely to be punished.

Adapted fromWashington StateDepartment of Labor and Industries.April 2008 Report # 87-2-2008.

What Can be Done About Bullying?

� 15

Find out what’s happening atyour workplace.

Before you can come up with a solution, youhave to know the extent of the problem.Talk to workers and find out if they haveconcerns about safety. Develop a short sur-vey to distribute in your workplace. Makesure you involve as many people in this ac-tivity as possible. Compile the results of yoursurvey, consult with stewards and otherunion leaders, and then decide as a groupthe most effective way to use these results.

One of the most important activities to getpeople involved in is documenting theproblem. Urge members to document all—assault incidents and all near- incidents.They should document any threat of as-sault and physical and verbal abuse.

Develop a plan of action.

Use your health and safety committee orform one to deal with workplace violence.

This committee should coordinate the col-lection of all documented assault or safetyincidents, as well as any “close calls” indi-cating that a problem exists. This committeeshould also meet regularly to discuss work-place violence issues and gather any addi-tional facts to be presented to management.

Set up a process for documenting employeeconcerns and notify management in writingof any serious incidents that appear to poseimmediate danger to employees. The com-mittee can also talk with managementabout setting up training or educationalprograms to deal with workplace safetyand violence issues.

Bring your documentedconcerns to management.

Once you have gathered your documenta-tion and survey results, you should requesta meeting with management. Select a groupof workers to attend this meeting who havepersonal knowledge of the problems or whocan present the issues most effectively. Besure to communicate your concerns to man-agement in writing. Management can beheld legally responsible for injuries or otherdamages that occur if it had notice of aproblem and did not take corrective action.

Make a written request for a meeting withmanagement whenever it appears that a se-rious workplace violence issue exists andrequires attention. Clearly present yourcomplaint when you meet with manage-ment. Make notes of your meeting, and fol-low-up with a letter that summarizes theproblems and the request that the prob-lem(s) be corrected.

What Can the Union Do AboutViolence in the Workplace?

16 �

In 2006, a CWA technician witnessed ashooting while on the job and became atarget after he was seen talking with po-lice following the incident. Soon after,subtle and not-so-subtle retaliationbegan, as gun-toting allies of the shooterfollowed AT&T vans closely to identifythe driver(s). Because police had previ-ously used AT&T vehicles to entrap peo-ple in the same communities, there wasan additional level of risk involved forother CWA members. To deal with thesethreats of violence, the union workedhard to get management to adopt provi-sions. Examples include:

1. Time of work limited to morninghours in defined areas of highcrime and monitored during othertimes of day.

2. No evening dispatches

3. Buddy system allowed if techsrequested it

4. Mapping and prioritizing of dan-ger zones

5. No suspensions for refusal to worka job in the defined areas

6. Defective cable in the defined areaswould be prioritized to replace -re-ducing the number of dispatches tothe area

However, these provisions were limitedto the installation and repair divisions ofAT&T that serves Richmond and Oak-land, California. Unfortunately, sincethese agreements were negotiated, thecompany has slowly backed away fromhonoring them. This backsliding, alongwith ongoing unemployment in impover-ished sections of the city, means the haz-ardous conditions are increasing. CWA iscontinuing to press for implementationof the provisions that were agreed uponin 2007.

These efforts were guided in part by thepioneering work of CWA leaders in SanFrancisco during the 1970s. Back then,the managers were required to accom-pany any worker who responded to serv-ice calls after dark in the mapped areas.

Locals 9415 and 9404Locals Struggle with Management to Keep Technicians Safe

� 17

If your demands are met, make sureyou publicize your success and share itwith the rest of the union.

If management refuses to respond orwill not fully correct the situation, beprepared to:

� Continue to send written notices ofproblems and requests for correctiveaction;� File a grievance;� Refuse to work alone or undercertain conditions, or requestingalternative work (check with localleadership first);� Contact OSHA and demand action;� Publicize the problem using themedia;

� Create a mobilization campaignaround the issue;� Negotiate health and safety languagein your next contract;� Build coalitions and lobby for lawsthat provide proper protection forworkers from workplace violence anda hostile work environment.� Talk with your local officers ornational staff about possible legalremedies, particularly if an employeehas been injured by a problem thatmanagement refuses to acknowledgeor correct.

What Can the Union Do Continued

18 �

When incidents of patient-to-caregiver violence seemed to be increasing, Local 1040began tracking incidents. Through a reporting system, they discovered that, when thestaff-to-patient ratio was low, more violent acts took place. Inversely, when the ratiowas high, there were fewer problems.

At Ancora Psychiatric Hospital, Hammonton, New Jersey, CWA members can beR.N.s or supervisors. When there are not enough LPNs to provide walks and othercare to patients, the R.N. or supervisor fills in. When they do more direct patient care,they also expose themselves to greater risk of a violent incident. When the trackingprogram began, affected members would fill in a basic form and fax it to the local.This detailed tracking of ward and staffing during the incidents led to marked im-provements in staffing levels.

Local 1040Addressing Violence in Psychiatric Hospitalswith Improved Staffing

� 19

The growing awareness of thepotential for violence in the workplacehas produced efforts from a fewregulatory agencies and legislators torequire employers to take steps toimprove safety and security.

OSHA

The Occupational Safety and HealthAdministration (OSHA) has releasedvoluntary guidelines to help health careand social service employers identifyand prevent workplace violence. Thevoluntary guidelines include fourcomponents for identifying andpreventing workplace violence:� Management commitment andemployee involvement;� Worksite analysis;� Hazard prevention and control; and� Safety and health training. For acomplete listing of the OSHAguidelines, please contact the CWAOccupational Safety and HealthDepartment.

State Guidelines

Several states (including New Jersey,New York, California, and

Washington) have issued guidelines tostem the rising tide of workplaceviolence. In 1993, the New JerseyDepartment of Labor, under the PublicEmployees Occupational Safety andHealth Program, issued guidelines thatspecify safety measures and proceduresin public sector health care facilities.

The guidelines call for:� Development of systems forassessing patients (for possible violenttendencies), and making sure workersassigned to the patient are aware ofthe assessment;� Development of a system forsummoning assistance when violenceor aggressive behavior erupts;� Provisions for creation of an areawhere violent or aggressive patientscan be contained to ensure the safetyof others;� A procedure for patient restraint tobe used when necessary to ensure thesafety of others;� Adequate staffing levels;� Education and training inmanagement of violent patients/clients;and� Supportive intervention foremployees involved in an incident.

Regulations and Legislation

20 �

“Five New York City traffic enforcementofficers a day experience assault or ha-rassment,” according to Local 1182 Pres-ident James Huntley.

The almost 1,700 city officers enforce therules and regulations for the traffic divi-sion. They write tickets for expired me-ters, illegal parking and moving violationsand help direct traffic. The 171 CWA-rep-resented Sanitation Enforcement Officerswrite summons for problems related toblocked driveways, blocked sidewalksand illegally parked cars.

“They’ve had broken arms, broken jaws,[been] hit by cars [and] threatened bypedestrians who say “I’ll kill you if youwrite me a ticket,” reports Huntley. In2008, CWA member Darnette Sands losther life when she was hit by a van andthen pinned under a bus. More recently,a member was hit by a car while direct-ing traffic and lost his leg as a result ofthe accident.

The union is working to stop the harass-ment. The local developed a campaign tomake harassment of traffic and sanita-tion officers a felony offense. Throughgrassroots mobilization, communicationsstrategy and intensive lobbying, NewYork State lawmakers passed the mostrecent piece of legislation in August,2010. Now, physical contact with a traf-fic or sanitation officer—or interruptingthe issuance of a parking ticket—cancarry a prison sentence of up to sevenyears.

As a result of this amazing politicalwork, the relationship between the unionand management is now much more pro-ductive. Any report of violence or injurygets reported by the heads of the Sanita-tion or Traffic Departments directly tothe President of Local 1182 so that clearinformation is shared and problem-solving happens quickly.

Local 1182Traffic and Sanitation Enforcement Officers AddressWorkplace Violence Through Legislation

� 21

The California Occupational Safetyand Health Administration(CalOSHA) issued guidelines in May,1993 calling for the development of aprogram that includes the following:

� work-site analysis� hazard prevention and control� engineering controls� administrative controls� personal protective devices� medical management and

counseling� education and training� record keeping and evaluation

The Cal-OSHA guidelines providedetailed guidelines for a number ofworkplaces. For a copy of theguideline, contact Cal-OSHA athttp://www.dir.ca.gov/dosh/.

The near-fatal shooting of threephysicians at a California medicalcenter in February, 1993 led to thepassage of legislation later that year

requiring all hospitals, by July 1, 1995,to conduct a security and safetyassessment and, using that assessment,to develop a security plan to protectpersonnel, patients, and visitors fromaggressive or violent behavior.

Additionally, unions in New Yorkpresented the state LaborDepartment’s Hazard AbatementBoard with a proposed standardoutlining ways to increase security ofemployees on public work sites.

The standard calls for the creation of asecurity and safety control plan whichincludes risk assessment, hazardprevention and control methods,employee training and education,medical management and counselingand recordkeeping. If the proposedstandard is accepted by the Board, itwould apply under the PublicEmployee Safety and Health law, aNew York regulation already in place.

OSHA Regulations on Workplace Violence

22 �

In addition to issuing voluntaryguidelines for employers that help toidentify and prevent workplaceviolence, OSHA has cited employersunder the “General Duty Clause”which requires employers to provide asafe workplace. OSHA fined DanburyHospital in Connecticut $6300because workers there had sufferednumerous injuries at the hands ofviolent patients. In one instance, anurse was shot by a patient.In order to sustain a general dutyclause violation, OSHA must provethe existence of a hazard, which isrecognized and causes, or is likely tocause, death or serious physical harm,and the existence of a feasible andeffective method to abate the hazard.The union will need to assist OSHA inbuilding its case.

1. Prove to OSHA that a hazardexists.The employer’s injury and illnessforms will hold evidence of theextent of violence-related injuries.(This is why it is so important toencourage workers to report everyincidence.) Grievances, complaints,employer-maintained absenteeismdata (including medical diagnosesby personal and workers’compensation physicians), minutesof health and safety committeemeetings, OSHA Logs ofOccupational Injuries and Illnesses,and workers’ compensationrecords will also be evidence that aproblem exists.

2. The hazard is recognized.“Recognized” means that theemployer has knowledge that

OSHA Regulations on Workplace Violence

� 23

assaults are a hazard in theworkplace and/or that workplaceconditions make violence likely.Recognition can also mean that theemployer should have knowledgethat assaults are a problem in theworkplace, even if the employerdoesn’t admit there is a problem.For example, the employer shouldhave known there is a problembecause this problem is generallyrecognized by people working inthe field, or there have been severalstudies written, or guidelines havebeen issued.

3. The hazard causes or is likely tocause death or serious physicalharm.Workers’ compensation records,medical records, and accidentreports can be used to prove theseverity of injuries related toworkplace violence.

4. A feasible and effective method toeliminate the hazard exists.There must be a solution to theproblem. There are a variety ofsources of information on potentialsteps that can be taken to minimizethe likelihood of violence in theworkplace. Of course, you willneed to make the case that it isfinancially affordable to thecompany.

24 �

� Violence in the Workplace (www.cdc.gov)National Institute for Occupational Safety and Health.

� Safety & Health Topics: Workplace Violence (www.osha.gov)Occupational Safety & Health Administration.

� Prevention of Workplace Violence(http://crimeprevention.rutgers.edu/crime/violence/workplace/prevention.htm)Rutgers School of Criminal Justice.

� Workplace Violence: A Report to the Nation (www.public-health.uiowa.edu/iprc/resources/workplace-violence-report.pdf) University of IowaInjury Prevention Research Center.

� Workplace Violence: Awareness and Prevention for Employers andEmployees (www.lni.wa.gov/IPUB/417-140-000.pdf)Washington State Departmentof Labor & Industries.

Additional Resources:

� 25

Communications Workers of America, AFL-CIO, CLC