Workplace Violence Prevention: Strategies to Address Employee Safety and Reduce Damaging Litigation

Transcription

1 Workplace Violence Prevention: Strategies to Address Employee Safety and Reduce Damaging Litigation Presented by: Michelle Lee Flores, Esq. Member Cozen O Connor Wednesday, April 19, :30 p.m. to 3:00 p.m. Eastern 12:30 p.m. to 2:00 p.m. Central 10:30 a.m. to 12:00 p.m. Pacific or For On-Demand purchasing information, contact customer service at: or service@blr.com 2017 BLR and HR Hero Business & Legal Resources and HR Hero. All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission. This webinar qualifies for Recertification Points. Holders of CSP and related BCSP certificates may earn 0.15 Recertification Points for attending this webinar. Other certificate holders qualify for continuing education points according to their certifying agency guidelines.

2 Workplace Violence Prevention: Strategies to Address Employee Safety and Reduce Damaging Litigation Presented by: Michelle Lee Flores, Esq. Member Cozen O Connor April 19, 2017 WORKPLACE VIOLENCE Roadmap Definition Examples What can be done? OSHA Citations Risks & Vulnerability Employer Obligations Questions to Ask Training Takeaways 2

3 WORKPLACE VIOLENCE Definition: Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. United States Department of Labor, OSHA, Safety and Health Topics (2017) 3 WORKPLACE VIOLENCE Examples: Verbal threats: rumors, innuendo, yelling Physical threats: hitting, attacks, assaults Intimidation: innuendo, stalking Ostracism: being left out Bullying: physical threats, hazing Vandalism: personal items disappearing 4

4 WORKPLACE VIOLENCE What can be done? Create a zero tolerance policy against violence in the workplace Conduct a workplace walkthrough to determine hotspots for potential violence Train and educate your workforce on the potential and the company s policy against and response to violence in the workplace Tools of implementation to address violence in the workplace How to identify key causes or origins of violence occurring in the workplace 5 WORKPLACE VIOLENCE OSHA Citations: Examples of OSHA citations and penalties Why did OSHA issue workplace violence citations and penalties? What can you do to avoid making the same mistakes? 6

5 WORKPLACE VIOLENCE Risks & Vulnerability: Situational factors that Could put a workplace at Particular risk of violence Workplace settings that could be Most vulnerable 7 WORKPLACE VIOLENCE Employer Obligations: Consider the responsibilities and legal requirements employers have when developing a comprehensive program to address potential workplace violence Identify who within your organization should have a part in developing a workplace violence prevention policy Tips for evaluating the success of your workplace violence prevention program 8

6 WORKPLACE VIOLENCE Employer Obligations: workplace violence program.htm 9 WORKPLACE VIOLENCE Employer Obligations: 10

7 WORKPLACE VIOLENCE Questions to Ask: Questions to Ask: To evaluate Likelihood of workplace violence At your facility 11 WORKPLACE VIOLENCE Training: Training the workforce To detect signs of violence in the workplace Actions one should do to protect themselves 12

8 WORKPLACE VIOLENCE Takeaways 1. Workplace violence has a heavy toll on all those involved: employers, employees, as well as clients, customers and visitors. 2. The adoption of a zero tolerance policy, identification of potential situations, with training and follow through are instrumental in creating a workplace free of violence. 3. If not for the people, do it for the money! (significant impact on business bottom line) 13 Thank you! Questions? Michelle Lee Flores, Esq. mflores@cozen.com Telephone: (213)

9 EXCLUSIVE OFFER for Webinar Attendees! $50 off Safety Culture 2017 registration with code CULTURE50 Safety Culture 2017 is the must attend conference for safety and HR professionals looking to jumpstart performance, improve compliance and reduce costly incidents by championing a positive safety culture. Safety Culture 2017 will showcase proven best practices from safety experts, regulators, practitioners, and decision makers across various industries to create a rock solid blueprint for building a productive, proactive and sustainable safety culture. You and your colleagues will learn how to: Align management and supervisors by establishing a shared vision of safety and health objectives Implement processes that creates more accountability for safety compliance Evaluate and fine tune incentives & disciplinary systems to ensure maximum effectiveness Define safety responsibilities across your organization Restructure your safety committee model to allow it to function at peak performance Optimize reporting, hazard tracking and other measurement metrics Implement proven encouragement models to engage workers in safety training Build essential leadership skills REGISTER AT SAFETYCULTURE.BLR.COM. TAKE $50 OFF REGISTRATION WITH COUPON CODE CULTURE50. Disclaimers *This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.

10 Michelle Lee Flores, Esq. Attorney Michelle Lee Flores, a member in Cozen O Connor s Los Angeles office and the firm s labor and employment department, has been practicing employment law for more than 20 years. She focuses her practice on all aspects of employment litigation, including jury and bench trials, arbitration, mediation and pre-litigation negotiations involving sex, race, religion, age and disability harassment and discrimination, wage and hour violations, including class actions, and wrongful termination. Ms. Flores also advises clients on employment compliance, internal investigations, discipline, terminations, reductions in force, and wage and hour matters. She is a frequent lecturer and published author of articles in professional legal journals and major news outlets. Most recently, Ms. Flores was named a 2017 California Super Lawyer, as well as previously in In 2012, she was one of 40 women attorneys in California recognized for their networking efforts by The Recorder's Women Leaders in Law.