Workplace Violence Safety Through Prevention Setting A Policy

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 Some examples of violent acts. This list is not all inclusive.

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? In recent years domestic violence related crimes reported to law enforcement has increased approximately 21% annually. On average and individual dies every 5 days as a result of domestic violence. Nationally 1 in 4 women will experience violence within an intimate relationship at some point during their lifetime.

Understanding The Problem
26, 544 women One-fourth, or 6,636 women 6000 state employees Will it effect the workplace? There are 26,544 women currently employed by the state of Maryland Potentially one-fourth, or 6,636 women have been, will be, or currently are being abused by an intimate partner. Thus the reality is there may be in excess of over 6000 state employees stalked, harassed or victimized at work.

Domestic Violence Overview
Clarifying what domestic violence is: And what domestic violence is not: It is exerted through physical, psychological and/or economic means. Domestic violence is abusive behavior used by one person, in an intimate relationship, to maintain power and control over another. Domestic violence is not a disagreement, a marital spat or an anger management problem.

“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 Relationship Abuse Is Not!! A disagreement, an anger management problem or a relationship with ups and downs. Relationship Abuse or domestic violence is: A pattern of violent behaviors, utilized by adults or adolescents In intimate relationships, The abuse may cause injury or even death; but doesn’t have to be physical Domestic Violence includes sexual, verbal and emotional abuse, as well as 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 Victims come from all walks of life 3.3 million child witnesses annually Increasing numbers of victims reporting animal abuse

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 do use violence Both as the aggressor and in self-defense Women can be controlling and abusive

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. Any violence must be placed in context In intimate relationships, women’s violence is not typically coupled with intimidation, rape and coercion. Violence doesn’t work for most women In cases where we find women utilizing violence, it’s used in 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 Domestic violence is one area in our country where there is a level playing field 4 million women; Experience Serious Assault annually Up to ½ of all marriages experience violence

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 65% homicide victims physically separated ¼ to ½ pregnant women are battered Up to ½ homeless women & kids are escaping DV Ave. of 28% college & high school kids will experience dating violence 27% of 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 Domestic Violence is inter-generational About 30% of boys witnessing violence grow up to abuse These sons have a 1000% higher rate of spousal abuse Most women utilizing shelters come with kids 21% brought 3 or more

Understanding Domestic Violence
THE CYCLE OF VIOLENCE Tension Building Phase Serious Battering Phase Honeymoon Phase

Domestic Abuse Intervention Project

WHY DO VICTIMS STAY? Love Threats Children Fear Religion
Preservation Of Family Hope Denial Shame Guilt No Relationship Role Models Threats Fear Stalking Victim Retaliation No Place To Go/Hide Economic Dependency Lack Of Resources Lack of Support The most sophisticated explanation is that women’s dependence on abusive men and the problems they develop in this context are byproducts of violence induced trauma Remember, threats may not always be verbal Once separated battered women state they were never more frightened than the days, weeks, or months after they moved out. Thru his control, she’s already being stalked. Possible economic dependency whether employed or not! Truly believing she cannot hide from him. Link of love, kids, religion, hope, denial, family preservation, self blame and denial Protection Order enforcement, when you respond, and he’s there, what do you do? Battered women do suffer disproportionately from a range of psychological and behavioral problems, including some, like substance abuse and depression, that increase their dependence and vulnerability to abuse and control. (Stark)

Remember “In an abnormal situation, it is normal to respond in abnormal ways!” Victor Frankl Concentration Camp Survivor

When we respond to her house, how much information do you think we are going to get?
Why? As we talk about interviewing kids and victims keep in mind the daily ordeal of this woman, married to her abuser for 14 years and raising 3 children.

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! According to Evan Stark, author of Coercive Control, the single most important characteristic of woman battering is the weight of multiple harms is borne by the same person. Although the assaults may be considered “minor” in nature, the frequency and/or continuous nature over time provides for a cumulative effect that is far greater than the mere sum of its parts. Prior assault predicts subsequent assault better than all other risk factors combined and the near certainty that abusers will reoffend is the basis for shelter, safety planning, the issuance of PO’s, and BIP’s. The cumulative harms inflicted by male partners explain why women are so much more likely to be entrapped by abuse than men and, as a consequence, develop a problem profile found among no other class of assault victims. Underlying the question of why battered women stay are beliefs that they have the opportunity to exit DV victims do leave, it doesn’t happen overnight Ending the abuse: successful separation or successful rehabilitation Remember, they are at greater risk when they attempt to leave, almost ½ of the men on death row for domestic homicide killed in retaliation for their lover leaving, in addition, the majority of partner assaults occur following separation. DV victims leave in greater numbers What’s the significance of the statement in the last bullet?

Abuse And The Excuse Mental illness Loss of control Anger problem
Alcohol/substance abuse Abuse is not a mental illness that can be diagnosed, it is a learned behavior Perpetrators maintain power and control over their partners through physical, psychological, and or economical abuse. Most abusers are in complete control of their anger Correlative factor, not causal

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 Anger the problem- 5to 7% of batterers cannot control their anger. In fact batterers have informed clinical workers that before the assault they do things such as removing rings so they don’t hurt the victim to much. This planned behavior constitutes premeditation in every state. I just lost control- Reputable batterer experts now report that only 5 to10% have poor impulse control, on the contrary they state that it is a pattern of coercive control The reason he abuses is due to the numerous benefits gained from the use of coercion and 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 Perpetrators Believe They have a right to do what they gotta do They are on solid moral ground Violence is the way to get their way There will be few if any repercussions for their behavior

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 Domestic violence affects a large percentage of the population, it remains the most under-reported violent crime in the country. Batterers are not out of control The victim who actually enjoys the abuse is the exception Victims who do have psychological disorders – result of abuse

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 Low self-esteem is more a result of being in a domestic violence relationship Most victims of domestic violence do leave Alcohol and drugs have a correlative effect, it is not causal Stress is yet another excuse, it may be correlative, it is not causal

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 Arrest and Protection Orders can be very effective in keeping women and their children safe Children are absolutely affected by the violence I HOPE YOU CAN SEE DV IS ABSOLUTELY RELEVANT TO PARENTAL FITNESS QUESTIONS

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? Abusers seeking their victims at work often times injure others as well.

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 43% ranked the impact of DV on the workplace as a very important issue behind benefits, 62%, and terrorism, 44%. 53% indicated they were very aware to somewhat aware of DV as a workplace issue. 44% recognized DV as impacting the workplace. 21% of full-time employed adults identified themselves as victims of DV (65% female and 35% male) Contrary to belief’s about DV victims this survey was taken by individuals with relatively high levels of education and income; 45% - college educated; 44% made more than $35K a year.

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 Review Slide Ask yourself: Do these factors have an affect on the workplace? Beyond the added danger it may put the victim and fellow workers in , does it affect the bottom line?

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

National Benchmark Survey
64% “Significantly Impacted” 26% “Somewhat Impacted” How? Distracted Fear of Discovery work by intimate Lateness Fear of unexpected visits by intimate Inability to complete assignments Job loss & Problems with boss 64% reported their ability to work was significantly impacted. 26% reported their ability to work was somewhat impacted.

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) 25% of victims report having been written up or fired due to domestic violence 61% of victims report their employers were unaware of their situation 85% of victims report that the abuse affected their ability to do their job 85% of the victims report having to use their health care providers for abuse related problems 25% were stalked at work 7% never returned to work

80% of workplace violence is domestic violence related.
Predictability Violence doesn’t usually just happen, like the weather, it’s predictable. 80% of workplace violence is domestic violence related. The newspaper predicts the weather weeks in advance, we can also predict violence If you know what to look for, you can forecast the storm Atlanta case where man kills wife and daughter before going to the workplace

Predictability Corporate America “Violence can’t happen here”
Employee Pool Society Companies don’t want the fact that a crime has been committed on their premises to get out, it’s bad for business. The corporate attitude is “Violence Can’t Happen Here!” The question then becomes where do you find your employees? Pluto? The answer will inevitably be society We’ve illustrated the presence of DV in society It is inevitable that there will be both victims and abusers in the workplace Also: Be mindful of the fact that violence does not necessarily have to come from within! MCP Headquarters Example

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. We have sexual harassment training’s because it has become mandatory upon us, it is no longer voluntary. Senior executives were included This must happen with domestic/workplace violence education

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 went 63 years w/o any major incidents A close knit community with family members as employees Then one day a disgruntled worker took his wife and some fellow workers hostage The siege ended with multiple injuries but no loss of life The worker in question had a history of domestic violence The worker also had a history of run-ins with management and fellow employees

Polaroid Employee Fired Questions Addressed:
Has Polaroid ever responded this way to workplace violence? Has an employee of Polaroid ever been fired for workplace violence? Has the company ever documented any incidents of workplace violence? Were there ever any incidents of workplace violence by this employee? Were these incidents documented? The employee was fired and he subsequently sued to get his job back During the trial the following questions were addressed:

Polaroid How do you think the court ruled? What did Polaroid learn?
What changes did they make?

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. Perpetrators attempt to take away options and choices; it is their goal to control options and choices. By doing this they are able to isolate management and make management dependent on them

Preparation As anger goes up the ability to think declines.
The companies grievance procedure tells the perpetrator who to deal with. In dealing with those people a perpetrator will violate other peoples space to intimidate and control them; this will continue as long as they are allowed to get away with it.

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 Did the employer know (or should have known) of propensity for violence Acts need not to have been done within scope of employment An employer is vicariously liable for any torts committed by its employees within the scope of their employment Unauthorized assaults in furtherance of personal interest unconnected to job duties are not included Direct Employee Negligence

Liability Failure to act after proper notice
Failure to warn an identifiable victim Premise Liability General duty Reasonable steps Notice Warn Premise liability General duty to maintain land in reasonably safe condition Includes a duty to take reasonable steps to secure common areas against foreseeable criminal acts of 3rd parties

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 Workers Comp will often be the exclusive remedy for injury/death of persons in the workplace; You should know the exceptions i.e. Supervisor Assaults Employee, Employee assaults Employee; to name a few Duty not to negligently hire must balance with duty not to discriminate against a person with a mental disability Employers must be aware of employee privacy rights for screening and testing Employers should know what can happen if an assault occurs on their premises i.e. a manager/supervisor assaults an employee could generate a Workers’ Comp and Tort Suit against the employer Employers should be aware of court decisions in cases of Negligent Hire or Retention Duty of Reasonable Accommodation Workers Comp Preemption Rape or Sexual Assault Negligent Failure to Protect Premise Liability

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 has developed guidelines to provide information to assist employers in meeting their responsibilities under the OSHA Act

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 These recommendations were created by OSHA as a proactive way in which to address workplace violence.

OSHA Guidelines Based on OSHA’s Safety and Health Program Management Guidelines published in 1989 The recommendations are based on the responsibilities employers assume under respondeat superior.

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 It is by way of this clause that OSHA holds the workplace accountable. DO SCENARIO’S AS TIME PERMITS

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 must educate themselves on DV and be able to respond You aren’t expected to know the all the answers; but you should know where to refer Time may be of the essence

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 Be aware of: Community resources Keep - Up-to-date materials on hand Let it be known - You are available to talk about DV concerns

Management’s Role Creating the safe work environment:
Make management’s stand on DV clear Display educational materials throughout the office Informational materials include but are not limited to: Pamphlets, Anti DV Posters Educational materials left discretely in restrooms and lounges Educational department wide s Managements position on DV should be clear Various means can be utilized to establish & clarify the entities position It’s not a one shot deal; it should be an ongoing campaign

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. PLAIN & SIMPLE

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. When should management intervene?

Workplace Violence Prevention Program Elements
Management Commitment and Employee Involvement Training and Education Recordkeeping and Evaluation of Program Successful WPV programs involve everyone in the workplace Everyone is made aware of the issue as well as what their part is in maintaining a safe workplace The maintenance of a safe workplace and holding violators accountable relies heavily on good sound documentation as well as constant program evaluation and improvement.

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 A coordinated response leaves little room for error. This begins with genuine leadership from management. Everyone must be made aware of their responsibilities as well as those of their fellow stakeholders.

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 Accountability must be a common thread running throughout. The company stance should be clear The reporting of incidents should be seen as a duty with swift and decisive actions taken against anyone involved in reprisals for the reporting of 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 A clear & assessable policy/plan is key Those implementing the plan should have the skills and inherent authority to carry it out Management support is not a one time deal, it is an ongoing reaffirmation of the organizations stance

Talking to an Employee Who is in a Domestic Violence Situation
You 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….. Finding the right words is difficult It may seem to personal; or Prior attempts to intervene may have failed

These 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. These concerns are legitimate, but understand that turning things around is a process Go through victim being in a hole

Victim’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. Disclosure may be difficult due to embarrassment or fear or even denial Yet, your concern sends a message.

Talking to an Employee in a Domestic Violence Situation
Upon 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 If an employee does disclose let them know: You are concerned You will try to maintain confidentiality You will try to assist them

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 You will try to work with them They will not be penalized or reprimanded solely for being a victim of DV

Signs an Employee is Being Abused
Repeated physical injuries Isolation Emotional distress Despondence or Depression Distraction Personal phone calls Absenteeism Repeated physical injuries that often are attributed to clumsiness, falls or accidents, inappropriate clothing Isolation – A person who is abused may be quiet and refuse to make acquaintances or friends at work. She/he may also eat alone and may rarely talk unless approached first. Emotional distress - An abused person may be found crying at work or seem extremely anxious. Despondence or Depression – While everyone experiences these feelings from time to time, a victim of DV will exhibit these emotions on an ongoing basis. Distraction – An abuse person’s quality of work may oscillate from good to bad for unexplained reasons. Information retention and following directions may appear difficult. Personal phone calls – victims of DV may receive numerous calls, they may be of a threatening or harassing nature. They may receive s or faxes of the same. With each of these they may be visibly upset or shaken. Absenteeism- DV leads to frequent medical problems and appearances in court. Victims of DV may be continually absent, late, or leave early from work. Thinking back to the videos, if either of those victims had been in your workplace, do you think any of these signs may have been present?

Signs of abuse Makeup Clothing Court Appearances Change of address
Non-participation Noticeable changes in makeup Inappropriate clothing, such as a turtleneck in the summer Frequent court appearances Sudden change of address or reluctance to divulge where she is staying Reluctance to participate in informal activities outside of work

Assessing the Situation: Possible Pre-Indicator Red Flags
Status of relationship Order of protection Arrest Alcohol/Drug Victim’s fear Weapons Suicide/Homicide Status – Has victim told abuser she is leaving; Abusers reaction to that decision Protection Order – Has victim obtained or threatened to obtain; Abusers reaction Arrest – Has abuser ever been arrested? Alcohol/Drug – Clarify it’s not causal; Is abuse exacerbated with them? Victim’s Fear – How fearful is the victim? Weapons – Are they present; Recently acquired? Suicide/Homicide – Any threats of? If so how detailed were plans? How often has the abuser threatened this?

Red Flags Children Symbolic violence Threats Strangulation Access
Past physical violence Past relationship history Abuser’s personal situation Children – Has abuser escalated violence in front of the kids? Symbolic violence – Destruction of things precious to victim; Harming of pets Threats – How are they communicated; How specific are they Strangulation – A very high indicator of future violence Access – If victim has cut access off, this assertion of power and control may set abuser off Past physical violence – Many victims will minimize, you need to ask specifically has he ever slapped, kicked, punched you? Past relationship history – ex-partner breakups Abuser’s personal situation- recent job loss, child custody, etc.

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 From day one all employees must know their responsibilities to the program As plans are formulated and reworked, active employee involvement should be a key component

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/ s or change their number/address Security escorts to and from building Employees who are victims of DV often experience numerous difficulties at work as a result of their victimization. If at all possible; the following suggestions may help you assist a victim

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

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 s; threatening physical violence In most cases an employee will not self disclose his/her status as a perpetrator of domestic violence While they most likely will not tell you about their abusive behavior you may observe them joking about DV, making harassing phone calls/faxes or s from work and or threatening physical violence against others

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 behavior 2) Co-worker’s reasonable fear of an employee ) Statements of personal stress or desperation 4) Evidence of chemical dependency 5) An obsession with weapons/inappropriate statements of weapons 6) Observed or perceived threatening behavior 7) Routine violations of department policy or rules 8) Sexual and other harassment of co-workers Which of these indicators do you think an employer might notice Jimmy exemplifying?

9) Destructive behavior
10) Obsessed with retaliating against workplace for discipline 11) Showing little involvement with co-workers; a “loner” 12) Resistance or over-reaction to changes in agency policies 13) Significant changes in behavior or beliefs 14) Deteriorating physical appearance 15) Statements of excessive interest in publicized violent acts 16) Exhibiting behavior that may be described or perceived as “paranoid” The average person may at some time display one or more of these behaviors. The mere presence of these behaviors do not in themselves indicate a violent person. Coupled with additional information, they may assist in forming some educated decisions.

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 to harass threaten or intimidate another person, the employee should be subject to disciplinary actions Document any and all threats of and/or violence; contact police as needed If work resources/time it being utilized the employee should be properly disciplined

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 If the workplace is being affected management needs to address it! Plan meetings of this type accordingly; you may want to have a witness present

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 Security personnel or the police are options for consideration Show your concern; make it clear that you do not condone the violence Encourage them to get 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 Utilize basic supervisory skills in counseling on performance; constructive criticism Point out performance problems You understand that personal times affect performance Encourage discussion of problems Set our clear steps towards improvement 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 These are some of the basics that should be a part of every workplace

Security Responses/Options
Quick identification and reporting Clear instructions Lock doors Check-in Isolate public access areas Security guards Safe room Electronic access control Identify personnel to take responsibility for quick identification and reporting of incidents of domestic violence and/or violence in the workplace Make sure applicable staff have clear instructions outlining their responsibility should an incident occur Keep exterior building doors locked as well as applicable interior doors Require a check-in point for all non-employees Isolate public access areas from employee-only areas by using physical barriers or locking doors Post security guards or private security Designate a safe room and alternative exits so employees can escape during a crisis Install electronic access control system, metal detectors, alarm systems, or surveillance cameras, if threats or acts by the abuser warrant it, these systems must be installed and utilized in a manner consistent with applicable state and federal laws.

Security Responses Local law enforcement Protocols
Alert law enforcement Information flow Pre-arranged code Coordinated response plan Ask local law enforcement to come to the worksite to review and make safety suggestions Develop protocols to be utilized in helping to identify who is supposed to be on the premises and who is not Alert law enforcement to any threats posed by abusers and arrange for them to check on patrol Ensure that the information flows, i.e. front-line supervisors should be appraised of the situation and visa-versa Have a pre-arranged code or signal to alert security/management, etc. should the abuser show up Develop a coordinated response plan should the abuser show up at the workplace Have designated person inform the abuser they must leave (when safe to do so) Notify target of abusers presence Call 911 Get target to a safe location Move other employees to a safe location

Post-Incident Response
Provide comprehensive treatment for victimized employees and employees who may be traumatized by witnessing a workplace violence incident If an incident does occur your planed response should be appropriate in relation to the scope of the incident.

Post-Incident Response
Trauma-crisis counseling Critical incident stress debriefing Employee assistance programs to assist victims The nature of the incident will dictate the response

Training and Education
Ensure that all staff are aware of potential security hazards and ways of protecting themselves Workplace Violence Program Be proactive, don’t fall into management by crisis.

Training program should involve all employees, including supervisors and managers Training should include everyone from the CEO down to the new hire

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 These are minimally areas that training and education should cover

Questions to be Addressed
Setting up Your Policy Questions to be Addressed Appropriate questioning Unwillingness to consent Roles must be defined Coordinator Confronting the accused What disciplinary action should be taken Retaliation Non-punitive supervision Do we know how to appropriately question persons reporting a threat? To protect the right of the accused to defend themselves against the charge, the reporter’s consent should be requested. What actions should be taken if the person reporting the threat is unwilling to consent? Does the immediate supervisor receiving the information know their role? Is there should a clear leader or manager to coordinate any action taken after a threat of violence? How will we appropriately confront the accused? Who should be there? Where should it be? Etc. What, if any, disciplinary action should be taken? Remember as you act you set precedents Should the accused be cautioned about retaliating? What will be the SOP if the individuals involved work together? Will there be any non-punitive supervision

Setting up Your Policy Notification Defamation Commitment
Invasion of privacy Consultations Increased security Security Employment decisions How and when should the threatened person be notified? How will you deal with allegations to avoid defamation of character? What commitments should the entity provide to the threatened employee? Should a degree of protection be offered? Can an investigation be done without invading the privacy of the accused? What types of consultations should we consider? What would generate increased security at your worksite? What role will security have in these type situations? Will you establish a protocol with respect to employment decisions?

Setting up Your Policy Guidelines Documentation Making Contacts
Will there be clear, written guidelines? What will be the protocol with respect to documentation? Whom will we partner with to address WPV issues?

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 Precise and proper documentation serves not only to protect the organization; It can assist in fine tuning and improving the companies response.

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 Examples of records to be kept

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 The evaluation component is critical to ensuring that the plan remain responsive and up-to-date

Sources of Assistance OSHA Consultation Program
OSHA Internet Site NIOSH Public Safety Officials Trade Associations Unions and Insurers Human Resource and Employee Assistance Professionals These are a few of the resources that can be utilized in formulating your policy

David R. Thomas

Workplace Violence Safety Through Prevention Setting A Policy

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Workplace Violence Safety Through Prevention Setting A Policy

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