Presentation on theme: "Workplace Violence Safety Through Prevention Setting A Policy"— Presentation transcript:
1Workplace Violence Safety Through Prevention Setting A Policy Open your eyes and you’ll see it,Open your ears and you’ll hear it!10/08David R. Thomas M.S.Johns Hopkins University
2Goal of Workplace Violence Training Develop an understanding of domestic violence and its impact on the workplaceDevelop policies in the workplace that address domestic violenceDevelop a coordinated response to domestic violence in the workplaceDevelop employees’ awareness and skill in recognizing, responding to, and supporting employees who are victims of domestic violence
4DefinitionsWorkplace violence is any; physical assault, threatening behavior, or verbal abuse occurring in the work settingA work setting is any location either permanent or temporary where an employee performs any work related duty
5Definition Cont’dThis includes, but is not limited to, the buildings, the campus, vehicles and any area under the supervision of the entity.
6Workplace Violence Includes: BeatingsStabbingsSuicidesShootingsRapesNear-suicidesPsychological traumasThreats or obscene phone callsIntimidationHarassment of any natureBeing followed, sworn or shouted atSome examples of violent acts.This list is not all inclusive.
7Types of Workplace Violence Violence by:- Strangers- Co-Workers- Personal Relations
8Categories and Analyses of Threats Threat from strangersThreat from business associatesThreat from co-workersThreat from domestic relations
9Understanding The Problem Domestic Violence in MDDomestic violence related crimesEvery 5 days1 in 4 womenWill 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.
10Understanding The Problem 26, 544 womenOne-fourth, or 6,636 women6000 state employeesWill it effect the workplace?There are 26,544 women currently employed by the state of MarylandPotentially 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.
11Domestic 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.
12“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.
13Relationship Abuse A disagreement? An anger management problem? A relationship with “ups and downs?”Pattern of violent behaviorsUtilized in intimate relationshipsMay result in injury and/or deathIncludes verbal, sexual, and economic control over another personRelationship 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 adolescentsIn intimate relationships,The abuse may cause injury or even death; but doesn’t have to be physicalDomestic Violence includes sexual, verbal and emotional abuse, as well as economic control over another person.
14Domestic Violence Who are the victims of domestic violence? There is no typical victimApproximately 3.3 million children a year witness violence against their mothersIn one study, 23.8% of shelter victims reported observing animal cruelty by their abusersVictims come from all walks of life3.3 million child witnesses annuallyIncreasing numbers of victims reporting animal abuse
15Do 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 violenceBoth as the aggressor and in self-defenseWomen can be controlling and abusive
16Women’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 contextIn intimate relationships, women’s violence is not typically coupled with intimidation, rape and coercion.Violence doesn’t work for most womenIn cases where we find women utilizing violence, it’s used in different ways
17Profile 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 period25-50% of all marriages experience violence in the relationshipDomestic violence is one area in our country where there is a level playing field4 million women; Experience Serious Assault annuallyUp to ½ of all marriages experience violence
18Profile of Domestic Violence Victims 65% of intimate homicide victims physically separated from their abuser25-50% of pregnant women are batteredUp to 50% of all homeless women and children are fleeing domestic violenceAn average of 28% of high school and college students experience dating violence27% of domestic violence victims are children65% homicide victims physically separated¼ to ½ pregnant women are batteredUp to ½ homeless women & kids are escaping DVAve. of 28% college & high school kids will experience dating violence27% of victims are children
19Effects 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 kidsDomestic Violence is inter-generationalAbout 30% of boys witnessing violence grow up to abuseThese sons have a 1000% higher rate of spousal abuseMost women utilizing shelters come with kids21% brought 3 or more
20Understanding Domestic Violence THE CYCLE OF VIOLENCETension Building PhaseSerious Battering PhaseHoneymoon Phase
22WHY DO VICTIMS STAY? Love Threats Children Fear Religion Preservation Of FamilyHopeDenialShameGuiltNo Relationship Role ModelsThreatsFearStalking VictimRetaliationNo Place To Go/HideEconomic DependencyLack Of ResourcesLack of SupportThe most sophisticated explanation is that women’s dependence on abusive men and the problems they develop in this context are byproducts of violence induced traumaRemember, threats may not always be verbalOnce 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 denialProtection 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)
23Remember“In an abnormal situation, it is normal to respond in abnormal ways!”Victor FranklConcentration Camp Survivor
24When 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.
25VICTIMS The weight of multiple harms Cumulative effect Leaving is a process not an eventTheir safety is at greatest risk when they try to leave or “participate” in criminal justice processThey 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 exitDV victims do leave, it doesn’t happen overnightEnding the abuse: successful separation or successful rehabilitationRemember, 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 numbersWhat’s the significance of the statement in the last bullet?
26Abuse And The Excuse Mental illness Loss of control Anger problem Alcohol/substance abuseAbuse is not a mental illness that can be diagnosed, it is a learned behaviorPerpetrators maintain power and control over their partners through physical, psychological, and or economical abuse.Most abusers are in complete control of their angerCorrelative factor, not causal
27Why Abuse? The claim: Anger is the problem The fact: 5 to 7% of battererscannot control their angerThe claim: I just lost controlThe fact: 5 to 10% have poor impulse controlAnger 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 controlThe reason he abuses is due to the numerous benefits gained from the use of coercion and control
28Perpetrators Believe: Entitled to control their partnerPartner is obligated to obey themThey get what they want through violenceThey are moral people even if they use violenceWill not suffer significant adverse physical, legal, economic or personal consequencesPerpetrators BelieveThey have a right to do what they gotta doThey are on solid moral groundViolence is the way to get their wayThere will be few if any repercussions for their behavior
30Myths or Facts About Domestic Violence? Domestic violence effects only a small proportion of the populationBattering is only a momentary loss of controlVictims of domestic violence like to be beatenVictims of domestic violence have psychological disordersDomestic violence affects a large percentage of the population, it remains the most under-reported violent crime in the country.Batterers are not out of controlThe victim who actually enjoys the abuse is the exceptionVictims who do have psychological disorders – result of abuse
31Myths or FactsLow self-esteem causes victims to be involved in abusive relationshipsVictims of domestic violence never leave their abusers, or if they do, they just get involved in other abusive relationshipsPerpetrators abuse their partners or spouses because of alcohol or drug abusePerpetrators of DV abuse their partners because they are under a lot of stressLow self-esteem is more a result of being in a domestic violence relationshipMost victims of domestic violence do leaveAlcohol and drugs have a correlative effect, it is not causalStress is yet another excuse, it may be correlative, it is not causal
32Myths or FactsLaw enforcement and judicial responses, such as arresting perpetrators or issuing civil protective orders, are uselessChildren are not effected when one parent abuses the otherDomestic violence is irrelevant to parental fitnessArrest and Protection Orders can be very effective in keeping women and their children safeChildren are absolutely affected by the violenceI HOPE YOU CAN SEE DV IS ABSOLUTELY RELEVANT TO PARENTAL FITNESSQUESTIONS
33Why 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.
35National 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 victimsSocio-economic statusDomestic Violence Report, Vol. 11, No. 4, April/May 200643% 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.
36Is Workplace Violence Really a Problem? Look at the facts:Domestic Violence cost big business $5-8 Billion annually74% of employed battered women are harassed at work56% are late at least five times per month28% leave early at least five times per monthReview SlideAsk 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?
37Economic Impact of Workplace Violence Cost500,000 employees 1,175,100 lose work days each yearLost wages: $55 million annuallyLost productivity, legal expenses, property damage, diminished public image, increased security:$BILLIONS $
38Domestic Violence & The Workplace 54% miss at least three full days of work a month24-30% of domestic violence victims lost their jobsWorkplace violence has tripled in the last decadeAmong workplace violence victims who took some type of protective action more that 80% believed it helped the situation
39Statistics on Workplace Violence Homicide is the second leading cause of death in the workplaceIn 1997, there were 856 homicides in America’s workplacesAssaults and threats of violence number almost 2 million a year
40StatisticsMost common form of violence was simple assaults: 1.5 million a yearAggravated assaults: 396,000Rapes and sexual assaults: 51,000Robberies: 84,000Homicides: nearly 1,000
42National Benchmark Survey 64% “Significantly Impacted”26% “Somewhat Impacted”How?DistractedFear of Discoverywork by intimateLatenessFear of unexpected visits by intimateInability to complete assignmentsJob loss & Problems with boss64% reported their ability to work was significantly impacted.26% reported their ability to work was somewhat impacted.
43National Benchmark Survey Impact on Co-Workers27% - Extremely to somewhat frequently had to do victim’s work31% - Strongly to somewhat obliged to cover for the victim25% - Resented co-worker due to the effect of the situation on the workplace38% - extremely to somewhat concerned for their personal safety
44Victims Work Experience 25% written up/fired61% employers unaware85% abuse affected job85% utilized health care system25% stalked at work7% 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 violence61% of victims report their employers were unaware of their situation85% of victims report that the abuse affected their ability to do their job85% of the victims report having to use their health care providers for abuse related problems25% were stalked at work7% never returned to work
4680% of workplace violence is domestic violence related. PredictabilityViolence 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 violenceIf you know what to look for, you can forecast the stormAtlanta case where man kills wife and daughter before going to the workplace
47Predictability Corporate America “Violence can’t happen here” Employee PoolSocietyCompanies 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 societyWe’ve illustrated the presence of DV in societyIt is inevitable that there will be both victims and abusers in the workplaceAlso: Be mindful of the fact that violence does not necessarily have to come from within!MCP Headquarters Example
48Predictability 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 includedThis must happen with domestic/workplace violence education
49PredictabilityTwo 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.
50PredictabilityMany times it is Management v. Union, perpetrators use the union to protect them.
51Polaroid 63 years Close Knit Community Disgruntled Worker Multiple InjuriesHistory of domestic violenceNumerous run-ins with managementPolaroid went 63 years w/o any major incidentsA close knit community with family members as employeesThen one day a disgruntled worker took his wife and some fellow workers hostageThe siege ended with multiple injuries but no loss of lifeThe worker in question had a history of domestic violenceThe worker also had a history of run-ins with management and fellow employees
52Polaroid 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 backDuring the trial the following questions were addressed:
53Polaroid How do you think the court ruled? What did Polaroid learn? What changes did they make?
54National Benchmark Survey Employer Readiness31% - no programs, support of help23% - given access to counseling and assistance18% - provided information and referral to DV programs18% - provided flexible leave and other benefits12% - assisted in contacting authorities12% - provided security
55How Do You Prepare? Three things that you should look at are 1. The personnel manual2. The grievance procedure3. The company news letter/paperThey will tell you about the company culture, about what’s happening, what’s expected, and how far employees may go.
56Preparation 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?
57Preparation Take away options and choices It is their goal to control options and choices.Isolation of managementThe 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
58Preparation 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.
59PreparationIt is very important to remember that violence does not just happen.Individuals perpetuating workplace violence want validation not help!
60Management's RolePart 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).
61Management’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?
62Liability Respondeat Superior Liability Vicarious liability Acts unconnected to job dutiesDirect Employee NegligenceNegligent hiring or retentionDid the employer know (or should have known) of propensity for violenceActs need not to have been done within scope of employmentAn employer is vicariously liable for any torts committed by its employees within the scope of their employmentUnauthorized assaults in furtherance of personal interest unconnected to job duties are not includedDirect Employee Negligence
63Liability Failure to act after proper notice Failure to warn an identifiable victimPremise LiabilityGeneral dutyReasonable stepsNoticeWarnPremise liabilityGeneral duty to maintain land in reasonably safe conditionIncludes a duty to take reasonable steps to secure common areas against foreseeable criminal acts of 3rd parties
64Key Legal Issues The Effect of Worker’s Compensation The Effect of the Americans with Disabilities Act and State Disability Discrimination LawsRelationship to Privacy LawsRemedies Available Where an Employee is AssaultedCourt CasesWorkers 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 fewDuty not to negligently hire must balance with duty not to discriminate against a person with a mental disabilityEmployers must be aware of employee privacy rights for screening and testingEmployers 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 employerEmployers should be aware of court decisions in cases ofNegligent Hire or Retention Duty of Reasonable AccommodationWorkers Comp Preemption Rape or Sexual AssaultNegligent Failure to Protect Premise Liability
65LiabilityWhat 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 millionCases involving rape/sexual assault $1.8 mCases involving assault $1.2 million
66OSHA GuidelinesOSHA has developed guidelines to provide information to assist employers in meeting their responsibilities under the OSHA Act
67OSHA Guidelines Not a new standard or regulation Advisory in nature and informational in contentIntended for use by employers who are seeking to provide a safe and healthful workplace through effective workplace violence programsThese recommendations were created by OSHA as a proactive way in which to address workplace violence.
68OSHA GuidelinesBased on OSHA’s Safety and Health Program Management Guidelines published in 1989The recommendations are based on the responsibilities employers assume under respondeat superior.
69OSHA 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
70OSHA General Duty Clause (cont’d) OSHA will rely on Section 5 (a)(1) of the OSH Act for enforcement authorityIt is by way of this clause that OSHA holds the workplace accountable.DO SCENARIO’S AS TIME PERMITS
71Management’s RoleAs 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 respondYou aren’t expected to know the all the answers; but you should know where to referTime may be of the essence
72Management’s Role Prepare yourself by: Knowing about resources in the communityKeep up-to-date materials on hand and around the work environmentLet employees know you are available to talk about DV concernsBe aware of: Community resourcesKeep - Up-to-date materials on handLet it be known - You are available to talk about DV concerns
73Management’s Role Creating the safe work environment: Make management’s stand on DV clearDisplay educational materials throughout the officeInformational materials include but are not limited to:Pamphlets, Anti DV PostersEducational materials left discretely in restrooms and loungesEducational department wide sManagements position on DV should be clearVarious means can be utilized to establish & clarify the entities positionIt’s not a one shot deal; it should be an ongoing campaign
74Management’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
75Management’s RoleAt 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?
76Workplace Violence Prevention Program Elements Management Commitment and Employee InvolvementTraining and EducationRecordkeeping and Evaluation of ProgramSuccessful WPV programs involve everyone in the workplaceEveryone is made aware of the issue as well as what their part is in maintaining a safe workplaceThe maintenance of a safe workplace and holding violators accountable relies heavily on good sound documentation as well as constant program evaluation and improvement.
77Management Commitment and Employee Involvement Complementary and essentialManagement commitment provides the motivating force to deal effectively with workplace violenceEmployee involvement and feedback-enable workers to develop and express their commitment to safety and healthA 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.
78Management Commitment System of accountability for involved managers, and employeesCreate and disseminate a clear policy of zero tolerance for workplace violenceEncourage employees to promptly report incidents and suggest ways to reduce or eliminate riskEnsure no reprisals are taken against employees who report incidentsAccountability must be a common thread running throughout.The company stance should be clearThe 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.
79Management Commitment (cont’d) Outline a comprehensive plan for maintaining security in the workplaceAssign responsibility and authority for program to individuals with appropriate training and skillsAffirm management commitment to worker supportive environmentSet up company briefings as part of the initial effort to address safety issuesA clear & assessable policy/plan is keyThose implementing the plan should have the skills and inherent authority to carry it outManagement support is not a one time deal, it is an ongoing reaffirmation of the organizations stance
80Talking 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 difficultIt may seem to personal; orPrior attempts to intervene may have failed
81Talking to an Employee Who is in a Domestic Violence Situation 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 processGo through victim being in a hole
82Talking to an Employee Who is in a Domestic Violence Situation 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 denialYet, your concern sends a message.
83Talking 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 themYou will make every effort to keep the information confidentialYou will assist in obtaining the appropriate resourcesIf an employee does disclose let them know:You are concernedYou will try to maintain confidentialityYou will try to assist them
84Talking 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 needsThe employee will not be disciplined or penalized in the workplace solely for being a victim of domestic violenceYou will try to work with themThey will not be penalized or reprimanded solely for being a victim of DV
85Signs an Employee is Being Abused Repeated physical injuriesIsolationEmotional distressDespondence or DepressionDistractionPersonal phone callsAbsenteeismRepeated physical injuries that often are attributed to clumsiness, falls or accidents, inappropriate clothingIsolation – 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?
86Signs of abuse Makeup Clothing Court Appearances Change of address Non-participationNoticeable changes in makeupInappropriate clothing, such as a turtleneck in the summerFrequent court appearancesSudden change of address or reluctance to divulge where she is stayingReluctance to participate in informal activities outside of work
87Assessing the Situation: Possible Pre-Indicator Red Flags Status of relationshipOrder of protectionArrestAlcohol/DrugVictim’s fearWeaponsSuicide/HomicideStatus – Has victim told abuser she is leaving; Abusers reaction to that decisionProtection Order – Has victim obtained or threatened to obtain; Abusers reactionArrest – 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?
88Red Flags Children Symbolic violence Threats Strangulation Access Past physical violencePast relationship historyAbuser’s personal situationChildren – Has abuser escalated violence in front of the kids?Symbolic violence – Destruction of things precious to victim; Harming of petsThreats – How are they communicated; How specific are theyStrangulation – A very high indicator of future violenceAccess – If victim has cut access off, this assertion of power and control may set abuser offPast physical violence – Many victims will minimize, you need to ask specifically has he ever slapped, kicked, punched you?Past relationship history – ex-partner breakupsAbuser’s personal situation- recent job loss, child custody, etc.
89Employee InvolvementUnderstand and comply with the workplace violence prevention program and other safety and security measuresParticipate in employee complaints or suggestion procedures covering safety and security concernsPrompt and accurate reporting of violent incidentsFrom day one all employees must know their responsibilities to the programAs plans are formulated and reworked, active employee involvement should be a key component
90Supervising a Victim of Domestic Violence Methods of Employer AssistanceTemporary changes in employee’s work schedule or workstationCreative use of applicable leave policiesScreen employees calls/ s or change their number/addressSecurity escorts to and from buildingEmployees 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
91Supervising a Victim of Domestic Violence Ask the employee how they think you can help them be safe at workRefer the employee to the local DV providerIf a protection order exist encourage employee to give you a copy
92Supervising 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 functionIf your workplace has an employee assistance program, encourage the employee to get into contact with them
93Supervising a Perpetrator of Domestic Violence Self disclosureJoking, harassing phone calls/faxes or s; threatening physical violenceIn most cases an employee will not self disclose his/her status as a perpetrator of domestic violenceWhile 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
94Analysis 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 ) 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-workersWhich of these indicators do you think an employer might notice Jimmy exemplifying?
959) Destructive behavior 10) 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”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.
96Supervising 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 situationIf 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 actionsDocument any and all threats of and/or violence; contact police as neededIf work resources/time it being utilized the employee should be properly disciplined
97Supervising 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 meetingIf the workplace is being affected management needs to address it!Plan meetings of this type accordingly; you may want to have a witness present
98Supervising a Perpetrator of Domestic Violence You may want to also consider including security personnel and/or the police if the situation appears to be explosiveIf 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 helpSecurity personnel or the police are options for considerationShow your concern; make it clear that you do not condone the violenceEncourage them to get help
99Guidelines for Discussing Performance Clearly identify the performance problems observedTell the employee you understand that sometimes “personal issues” can interfere with good performanceWhere clear signs of abuse exist, gently encourage the employee to discuss the problemSuggest ways to improve performance in writing complete with suspense date’sUtilize basic supervisory skills in counseling on performance; constructive criticismPoint out performance problemsYou understand that personal times affect performanceEncourage discussion of problemsSet our clear steps towards improvement in writing complete with suspense date’s
100Administrative and Work Practice Controls State clearly to clients/employees/others; violence will not be tolerated or permittedEstablish liaison with local police and state prosecutorsRequire employees to report all assaults and threatsSet up trained response teams to respond to emergenciesThese are some of the basics that should be a part of every workplace
101Security Responses/Options Quick identification and reportingClear instructionsLock doorsCheck-inIsolate public access areasSecurity guardsSafe roomElectronic access controlIdentify personnel to take responsibility for quick identification and reporting of incidents of domestic violence and/or violence in the workplaceMake sure applicable staff have clear instructions outlining their responsibility should an incident occurKeep exterior building doors locked as well as applicable interior doorsRequire a check-in point for all non-employeesIsolate public access areas from employee-only areas by using physical barriers or locking doorsPost security guards or private securityDesignate a safe room and alternative exits so employees can escape during a crisisInstall 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.
102Security Responses Local law enforcement Protocols Alert law enforcementInformation flowPre-arranged codeCoordinated response planAsk local law enforcement to come to the worksite to review and make safety suggestionsDevelop protocols to be utilized in helping to identify who is supposed to be on the premises and who is notAlert law enforcement to any threats posed by abusers and arrange for them to check on patrolEnsure that the information flows, i.e. front-line supervisors should be appraised of the situation and visa-versaHave a pre-arranged code or signal to alert security/management, etc. should the abuser show upDevelop a coordinated response plan should the abuser show up at the workplaceHave designated person inform the abuser they must leave (when safe to do so)Notify target of abusers presenceCall 911Get target to a safe locationMove other employees to a safe location
103Post-Incident Response Provide comprehensive treatment for victimized employees and employees who may be traumatized by witnessing a workplace violence incidentIf an incident does occur your planed response should be appropriate in relation to the scope of the incident.
104Post-Incident Response Trauma-crisis counselingCritical incident stress debriefingEmployee assistance programs to assist victimsThe nature of the incident will dictate the response
105Training and Education Ensure that all staff are aware of potential security hazards and ways of protecting themselvesWorkplaceViolenceProgramBe proactive, don’t fall into management by crisis.
106Training and Education Training program should involve all employees, including supervisors and managersTraining should include everyone from the CEO down to the new hire
107Training and Education Workplace violence prevention policyRisk factors that cause or contribute to assaultsEarly recognition of escalating behavior or warning signsWays to prevent volatile situationsStandard response action plan for violent situationsLocation and operation of safety devicesThese are minimally areas that training and education should cover
108Questions to be Addressed Setting up Your PolicyQuestions to be AddressedAppropriate questioningUnwillingness to consentRoles must be definedCoordinatorConfronting the accusedWhat disciplinary action should be takenRetaliationNon-punitive supervisionDo 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 precedentsShould the accused be cautioned about retaliating?What will be the SOP if the individuals involved work together? Will there be any non-punitive supervision
109Setting up Your Policy Notification Defamation Commitment Invasion of privacyConsultationsIncreased securitySecurityEmployment decisionsHow 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?
110Setting 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?
111Recordkeeping and Evaluation Recordkeeping and evaluation of the violence prevention program are necessary too determine overall effectiveness and Identify deficiencies or changes that should be madePrecise and proper documentation serves not only to protect the organization;It can assist in fine tuning and improving the companies response.
112Recordkeeping OSHA Log of Injury and Illness (OSHA 200) Medical reports of work injuries assaultsIncidents of abuse, verbal attacks, or aggressive behaviorInformation on employees with history of violenceMinutes of safety meetings, records of hazard analyses, and corrective actionsRecords of all training programsExamples of records to be kept
113EvaluationEstablish uniform violence reporting system and regular review of reportsReview reports of minutes from staff meetings on safety issuesAnalyze trends and rates in illness/injury or fatalities caused by violenceMeasure improvement based on lowering frequency and severity of workplace violenceThe evaluation component is critical to ensuring that the plan remain responsive and up-to-date
114Sources of Assistance OSHA Consultation Program OSHA Internet SiteNIOSHPublic Safety OfficialsTrade AssociationsUnions and InsurersHuman Resource and Employee Assistance ProfessionalsThese are a few of the resources that can be utilized in formulating your policy