workplace violence safety through prevention setting a policy open your eyes and you’ll see it,...
TRANSCRIPT
Workplace Violence
Safety Through Prevention
Setting A Policy
Open your eyes and you’ll see it,
Open your ears and you’ll hear it!10/08
David R. Thomas M.S.
Johns Hopkins University
Goal of Workplace Violence Training
Develop an understanding of domestic violence and its impact on the workplace
Develop policies in the workplace that address domestic violence
Develop a coordinated response to domestic violence in the workplace
Develop employees’ awareness and skill in recognizing, responding to, and supporting employees who are victims of domestic violence
Definitions
Workplace violence is any; physical assault, threatening behavior, or verbal abuse occurring in the work setting
A work setting is any location either permanent or temporary where an employee performs any work related duty
Definition Cont’d
This includes, but is not limited to, the buildings, the campus, vehicles and any area under the supervision of the entity.
Workplace Violence Includes:
Beatings Stabbings Suicides Shootings Rapes Near-suicides Psychological
traumas
Threats or obscene phone calls
Intimidation Harassment of any
nature Being followed,
sworn or shouted at
Types of Workplace Violence
Violence by:
- Strangers
- Co-Workers
- Personal Relations
Categories and Analyses of Threats
Threat from strangers
Threat from business associates
Threat from co-workers
Threat from domestic relations
Understanding The Problem
Domestic Violence in MD
Domestic violence related crimes Every 5 days 1 in 4 women
Will it effect the workplace?
Understanding The Problem
26, 544 women One-fourth, or 6,636 women 6000 state employees
Will it effect the workplace?
Domestic Violence Overview
Clarifying what domestic violence is: And what domestic violence is not:
It is exerted through physical, psychological and/or economic means.
“Relationship” defined
In the context of discussing domestic violence, intimate relationships are ones in which heterosexual or homosexual partners are involved and which have, or had, a sexual relationship or emotional relationship.
Relationship Abuse
A disagreement? An anger management problem? A relationship with “ups and downs?” Pattern of violent behaviors Utilized in intimate relationships May result in injury and/or death Includes verbal, sexual, and economic
control over another person
Domestic Violence
Who are the victims of domestic violence? There is no typical victim Approximately 3.3 million children a year
witness violence against their mothers In one study, 23.8% of shelter victims
reported observing animal cruelty by their abusers
Do Women Abuse Men?
Women do use violence in intimate relationships.
They both initiate violence and use violence in self-defense.
Women do controlling things in relationships and can be abusive to their partners.
Women’s Use Of Violence
Yet, when we look at and study women’s violence in intimate relationships we find that women do not typically accompany their violence with intimidation, rape, and coercion, even in abusive relationships.
Violence is not an effective tool for most women.
While women use violence, they use it in very different ways.
Profile of Domestic Violence Victims
Domestic violence crosses ethnic, racial, age, national origin, religious and socioeconomic lines.
Approx. 4 million American women experience a serious assault by an intimate during an average 12 month period
25-50% of all marriages experience violence in the relationship
Profile of Domestic Violence Victims
65% of intimate homicide victims physically separated from their abuser
25-50% of pregnant women are battered Up to 50% of all homeless women and children
are fleeing domestic violence An average of 28% of high school and college
students experience dating violence 27% of domestic violence victims are children
Effects of Domestic Violence on Children
Patterns of violent behavior are passed from one generation to the next.
Approximately 30% of boys who witness violence in the home grow up to abuse.
Sons witnessing their fathers’ violence have a 1,000% higher rate of wife abuse.
The majority of abused women who use shelter services bring their children.
72% brought children with them with 21% accompanied by three or more kids
Understanding Domestic Violence
THE CYCLE OF VIOLENCE
Tension Building Phase
Serious Battering Phase
Honeymoon Phase
Domestic Abuse Intervention Project
WHY DO VICTIMS STAY? Threats Fear Stalking Victim Retaliation No Place To Go/Hide Economic Dependency Lack Of Resources Lack of Support
Love Children Religion Preservation Of Family Hope Denial Shame Guilt No Relationship Role
Models
“In an abnormal situation, it is normal to respond in abnormal
ways!”
Victor Frankl
Concentration Camp Survivor
Remember
VICTIMS The weight of multiple harms Cumulative effect Leaving is a process not an event Their safety is at greatest risk when they try to
leave or “participate” in criminal justice process They leave in greater numbers than “unhappy
spouses” They don’t pick batterers.. batterers pick them!
Abuse And The Excuse
Mental illness Loss of control Anger problem Alcohol/substance abuse
Why Abuse?
The claim: Anger is the problem
The fact: 5 to 7% of batterers
cannot control their anger
The claim: I just lost control
The fact: 5 to 10% have poor impulse control
Perpetrators Believe:
Entitled to control their partner Partner is obligated to obey them They get what they want through violence They are moral people even if they use
violence Will not suffer significant adverse physical,
legal, economic or personal consequences
Myths or Facts About Domestic Violence?
Domestic violence effects only a small proportion of the population
Battering is only a momentary loss of control
Victims of domestic violence like to be beaten
Victims of domestic violence have psychological disorders
Myths or Facts Low self-esteem causes victims to be involved
in abusive relationships Victims of domestic violence never leave their
abusers, or if they do, they just get involved in other abusive relationships
Perpetrators abuse their partners or spouses because of alcohol or drug abuse
Perpetrators of DV abuse their partners because they are under a lot of stress
Myths or Facts
Law enforcement and judicial responses, such as arresting perpetrators or issuing civil protective orders, are useless
Children are not effected when one parent abuses the other
Domestic violence is irrelevant to parental fitness
Why a workplace issue?
If a domestic violence victim leaves their abuser, where do you think the abuser would have more difficulty locating them, at a new residence or at work?
National Benchmark Survey 2005
The Impact of DV on the American Workplace “Very important issues” ranking “Very aware” Experienced impact of DV on the
workplace. Identified self as victims Socio-economic status
Domestic Violence Report, Vol. 11, No. 4, April/May 2006
Is Workplace Violence Really a Problem?
Look at the facts: Domestic Violence cost big business $5-8
Billion annually 74% of employed battered women are
harassed at work 56% are late at least five times per month 28% leave early at least five times per
month
Economic Impact of Workplace Violence
Cost 500,000 employees 1,175,100 lose
work days each year Lost wages: $55 million annually Lost productivity, legal expenses,
property damage, diminished public image, increased security:
$BILLIONS $
Domestic Violence & The Workplace
54% miss at least three full days of work a month
24-30% of domestic violence victims lost their jobs
Workplace violence has tripled in the last decade Among workplace violence victims who took
some type of protective action more that 80% believed it helped the situation
Statistics on Workplace Violence
Homicide is the second leading cause of death in the workplace
In 1997, there were 856 homicides in America’s workplaces
Assaults and threats of violence number almost 2 million a year
Statistics
Most common form of violence was simple assaults: 1.5 million a year
Aggravated assaults: 396,000 Rapes and sexual assaults: 51,000 Robberies: 84,000 Homicides: nearly 1,000
Assaults and Homicides
0
200000
400000
600000
800000
1000000
1200000
1400000
1600000
simple assaultsaggravated assaultsrapes, sexual assaultsrobberieshomicides
National Benchmark Survey 64% “Significantly Impacted” 26% “Somewhat Impacted”
How? Distracted Fear of Discovery Harassment @ work by intimate Lateness Fear of unexpected visits by intimate Inability to complete assignments Job loss & Problems with boss
National Benchmark Survey
Impact on Co-Workers 27% - Extremely to somewhat frequently
had to do victim’s work 31% - Strongly to somewhat obliged to
cover for the victim 25% - Resented co-worker due to the effect
of the situation on the workplace 38% - extremely to somewhat concerned
for their personal safety
Victims Work Experience
25% written up/fired 61% employers unaware 85% abuse affected job 85% utilized health care system 25% stalked at work 7% never returned to work
(Survey Report by Violence Free Families committee on Workplace Violence, August, 2002, Springfield Missouri)
Predictability
Violence doesn’t usually just happen,
like the weather, it’s predictable.
80% of workplace violence is domestic violence related.
Predictability
Corporate America “Violence can’t happen here” Employee Pool Society
Predictability
Sexual harassment training Senior executives were included. Domestic/workplace violence education.
This must be committed to by workplace executives;
for if they are committed, change will occur.
Predictability
Two documents a perpetrator will walk around with before an incident are the Grievance Procedure Manual and the Corporate Personnel Manual.
These individuals will read these documents and take them literally.
They will know it as well as anyone. These are red flags.
Predictability
Many times it is Management v. Union, perpetrators use the union to protect them.
Polaroid
63 years Close Knit Community Disgruntled Worker Multiple Injuries History of domestic violence Numerous run-ins with management
Polaroid Employee Fired Questions Addressed:1. Has Polaroid ever responded this way to
workplace violence?2. Has an employee of Polaroid ever been fired for
workplace violence?3. Has the company ever documented any incidents
of workplace violence?4. Were there ever any incidents of workplace
violence by this employee?5. Were these incidents documented?
Polaroid
How do you think the court ruled?
What did Polaroid learn?
What changes did they make?
National Benchmark Survey
Employer Readiness 31% - no programs, support of help 23% - given access to counseling and assistance 18% - provided information and referral to DV
programs 18% - provided flexible leave and other benefits 12% - assisted in contacting authorities 12% - provided security
How Do You Prepare?
Three things that you should look at are
1. The personnel manual
2. The grievance procedure
3. The company news letter/paper
They will tell you about the company culture, about what’s happening, what’s expected, and how far employees may go.
Preparation
Check to see: How many policies deal with workplace
violence? How responsive is the company to acts of
violence? Does the company allow you to fire
someone on the spot for assault?
Preparation Take away options and choices
It is their goal to control options and choices.
Isolation of management
The same thing that a perpetrator does at home, he does at work.
Preparation
As anger goes up the ability to think declines.
The companies grievance procedure tells the perpetrator who to deal with.
Preparation
It is very important to remember that violence does not just happen.
Individuals perpetuating workplace violence want validation not help!
Management's Role
Part of management's role is to create a safe work environment.
This duty is dictated by the Occupational Safety and Health Act (OSHA)
Respondeat Superior dictates that principals (employers) are liable for the actions of their agents (employees).
Management’s Role
To put it simply:
“If the employer knows -- or should have known -- of information indicating that a person is a risk for committing violence, the employer is responsible for any violent acts that that person commits.”
What does that mean to employers?
Liability
Respondeat Superior Liability Vicarious liability Acts unconnected to job duties
Direct Employee Negligence Negligent hiring or retention
1. Did the employer know (or should have known) of propensity for violence
2. Acts need not to have been done within scope of employment
Liability
Failure to act after proper notice Failure to warn an identifiable victim
Premise Liability General duty Reasonable steps
Key Legal Issues
The Effect of Worker’s Compensation The Effect of the Americans with
Disabilities Act and State Disability Discrimination Laws
Relationship to Privacy Laws Remedies Available Where an Employee is
Assaulted Court Cases
Liability
What are the most recent results of actions filed against employers who fail to meet this standard?
Jury Verdicts on average:
Cases resulting in death $2.2 million
Cases involving rape/sexual assault $1.8 m
Cases involving assault $1.2 million
OSHA Guidelines
OSHA Guidelines
Not a new standard or regulation Advisory in nature and informational in
content Intended for use by employers who are
seeking to provide a safe and healthful workplace through effective workplace violence programs
OSHA Guidelines
Based on OSHA’s Safety and Health Program Management Guidelines published in 1989
OSHA GENERAL DUTY CLAUSE: SECTION 5(a)(1)
Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm.
This includes the prevention and control of the hazard of workplace violence
OSHA General Duty Clause (cont’d)
OSHA will rely on Section 5 (a)(1) of the OSH Act for enforcement authority
Management’s Role
As a manager/supervisor it is incumbent upon you to first educate yourself on domestic violence.
If you don’t have the answers,
at least know where to direct someone to get the right answers.
When someone approaches you in crisis they need help right then;
24 hours later may be too late.
Management’s Role
Prepare yourself by: Knowing about resources in the community Keep up-to-date materials on hand and
around the work environment Let employees know you are available to
talk about DV concerns
Management’s RoleCreating the safe work environment: Make management’s stand on DV clear Display educational materials throughout the officeInformational materials include but are not limited to: Pamphlets, Anti DV Posters Educational materials left discretely in restrooms
and lounges Educational department wide emails
Management’s Role
In short,
management must make it clear to both
victim’s and perpetrator’s that you will respond to DV in
non-
judgmental ways.
Management’s Role
At what point should a manager/supervisor become involved without over stepping his/her bounds?
The bottom line is:
If it effects the workplace,
a manager/supervisor needs to address it.
Workplace Violence Prevention Program Elements
Management Commitment and Employee Involvement
Training and Education Recordkeeping and Evaluation
of Program
Management Commitment and Employee Involvement
Complementary and essential Management commitment provides the
motivating force to deal effectively with workplace violence
Employee involvement and feedback-enable workers to develop and express their commitment to safety and health
Management Commitment
System of accountability for involved managers, and employees
Create and disseminate a clear policy of zero tolerance for workplace violence
Encourage employees to promptly report incidents and suggest ways to reduce or eliminate risk
Ensure no reprisals are taken against employees who report incidents
Management Commitment (cont’d)
Outline a comprehensive plan for maintaining security in the workplace
Assign responsibility and authority for program to individuals with appropriate training and skills
Affirm management commitment to worker supportive environment
Set up company briefings as part of the initial effort to address safety issues
Talking to an Employee Who is in a Domestic Violence SituationYou may not know what to say…..
You may feel that you don’t know the employee well enough…..
You may have even previously approached the individual and received a denial…..
Talking to an Employee Who is in a Domestic Violence SituationThese are legitimate concerns.
Most victims deeply appreciate support from their supervisors, even if they don’t say so.
Hearing your concern may make it easier for her/him to escape the abuse.
Talking to an Employee Who is in a Domestic Violence SituationVictim’s may not disclose at your first
approach.
They may be too afraid or to embarrassed.
However,
your concern sends a message that you are available to help when ready.
Talking to an Employee in a Domestic Violence SituationUpon disclosure you should communicate
five important messages to the employee: You are concerned for her/him and will
support them You will make every effort to keep the
information confidential You will assist in obtaining the appropriate
resources
Talking to an Employee in a Domestic Violence Situation You are available to work with your
employee to increase his/her safety while at work and to help balance work and personal needs
The employee will not be disciplined or penalized in the workplace solely for being a victim of domestic violence
Signs an Employee is Being Abused
Repeated physical injuries Isolation Emotional distress Despondence or Depression Distraction Personal phone calls Absenteeism
Signs of abuse
Makeup Clothing Court Appearances Change of address Non-participation
Assessing the Situation: Possible Pre-Indicator Red Flags
Status of relationship Order of protection Arrest Alcohol/Drug Victim’s fear Weapons Suicide/Homicide
Red Flags
Children Symbolic violence Threats Strangulation Access Past physical violence Past relationship history Abuser’s personal situation
Employee Involvement
Understand and comply with the workplace violence prevention program and other safety and security measures
Participate in employee complaints or suggestion procedures covering safety and security concerns
Prompt and accurate reporting of violent incidents
Supervising a Victim of Domestic Violence
Methods of Employer Assistance Temporary changes in employee’s work
schedule or workstation Creative use of applicable leave policies Screen employees calls/emails or change
their number/address Security escorts to and from building
Supervising a Victim of Domestic Violence
Ask the employee how they think you can help them be safe at work
Refer the employee to the local DV provider
If a protection order exist encourage employee to give you a copy
Supervising a Victim of Domestic Violence
Encourage employee to let you know in advance if she/he can’t meet a deadline or can’t handle a specific job function
If your workplace has an employee assistance program, encourage the employee to get into contact with them
Supervising a Perpetrator of Domestic Violence
Self disclosure Joking, harassing phone calls/faxes or
emails; threatening physical violence
Analysis of Worksite Violence Indicators
ANY COMBINATION OF THESE INDICATORS MAY BE CAUSE FOR REPORTING TO DESIGNATED AUTHORITIES FOR FURTHER ACTION:1) Past history of violent or threatening behavior2) Co-worker’s reasonable fear of an employee 3) Statements of personal stress or desperation4) Evidence of chemical dependency5) An obsession with weapons/inappropriate statements of weapons6) Observed or perceived threatening behavior7) Routine violations of department policy or rules8) Sexual and other harassment of co-workers
9) Destructive behavior10) Obsessed with retaliating against workplace for discipline11) Showing little involvement with co-workers; a “loner”12) Resistance or over-reaction to changes in agency policies13) Significant changes in behavior or beliefs14) Deteriorating physical appearance15) Statements of excessive interest in publicized violent acts16) Exhibiting behavior that may be described or perceived as
“paranoid”
Supervising a Perpetrator of Domestic Violence
Things to consider: Document any threats and/or violence in the
workplace. If necessary contact the police and keep your supervisor apprised of the situation
If the employee is utilizing work time or resources, such as workplace phones, facsimile machines or email to harass threaten or intimidate another person, the employee should be subject to disciplinary actions
Supervising a Perpetrator of Domestic Violence
If situation at home is affecting his/her work performance, make an appointment to meet with the employee and discuss the problem (without being accusatory)
Before meeting with the employee, consider whether you feel the employee could become hostile or violent when criticized for poor work performance. You may want to have another supervisor present for the meeting
Supervising a Perpetrator of Domestic Violence
You may want to also consider including security personnel and/or the police if the situation appears to be explosive
If abuse is disclosed let them know that you are concerned but that you can’t condone the violence/behavior.
Encourage them to contact the local DV provider for help
Guidelines for Discussing Performance
Clearly identify the performance problems observed
Tell the employee you understand that sometimes “personal issues” can interfere with good performance
Where clear signs of abuse exist, gently encourage the employee to discuss the problem
Suggest ways to improve performance in writing complete with suspense date’s
Administrative and Work Practice Controls
State clearly to clients/employees/others; violence will not be tolerated or permitted
Establish liaison with local police and state prosecutors
Require employees to report all assaults and threats
Set up trained response teams to respond to emergencies
Security Responses/Options
Quick identification and reporting Clear instructions Lock doors Check-in Isolate public access areas Security guards Safe room Electronic access control
Security Responses
Local law enforcement Protocols Alert law enforcement Information flow Pre-arranged code Coordinated response plan
Post-Incident Response
Provide comprehensive treatment for victimized employees and employees who may be traumatized by witnessing a workplace violence incident
Post-Incident Response
Trauma-crisis counseling Critical incident stress debriefing Employee assistance programs to
assist victims
Training and Education
Ensure that all staff are aware of potential security hazards and ways of protecting themselves
WorkplaceViolence Program
Training and Education
Training program should involve all employees, including supervisors and managers
Training and Education
Workplace violence prevention policy
Risk factors that cause or contribute to assaults
Early recognition of escalating behavior or warning signs
Ways to prevent volatile situations
Standard response action plan for violent situations
Location and operation of safety devices
Setting up Your Policy
Questions to be Addressed1. Appropriate questioning2. Unwillingness to consent3. Roles must be defined4. Coordinator5. Confronting the accused6. What disciplinary action should be taken7. Retaliation8. Non-punitive supervision
Setting up Your Policy
9. Notification10. Defamation11. Commitment 12. Invasion of privacy13. Consultations14. Increased security15. Security16. Employment decisions
Setting up Your Policy
17. Guidelines
18. Documentation
19. Making Contacts
Recordkeeping and Evaluation
Recordkeeping and evaluation of the violence prevention program are necessary too determine overall effectiveness and Identify deficiencies or changes that should be made
Recordkeeping
OSHA Log of Injury and Illness (OSHA 200) Medical reports of work injuries assaults Incidents of abuse, verbal attacks, or aggressive
behavior Information on employees with history of violence Minutes of safety meetings, records of hazard
analyses, and corrective actions Records of all training programs
Evaluation
Establish uniform violence reporting system and regular review of reports
Review reports of minutes from staff meetings on safety issues
Analyze trends and rates in illness/injury or fatalities caused by violence
Measure improvement based on lowering frequency and severity of workplace violence
Sources of Assistance
OSHA Consultation Program OSHA Internet Site www.osha.gov NIOSH Public Safety Officials Trade Associations Unions and Insurers Human Resource and Employee
Assistance Professionals
