10/21/2018 VIOLENCE AND DANGERS IN THE WORKPLACE: PREPARING FOR AND DEALING WITH THE AFTERMATH HOUSEKEEPING AGENDA

Transcription

1 VIOLENCE AND DANGERS IN THE WORKPLACE: PREPARING FOR AND DEALING WITH THE AFTERMATH PRESENTED BY: Heather Kaiser, J.D. HR Consultant HOUSEKEEPING HR Solutions: I am a part of a legal team called HR Solutions, for retail clients as well as insurance clients of ABRC. For more information, check us out at Questions: If you have a question during the presentation that we do not answer, please feel free to me at heather.kaiser@associatedbrc.com. Please include the slide # if it pertains to a specific topic on that slide. Disclaimer: The analysis and information provided today may be very fact-specific and should not be relied upon as legal or tax advice for your own unique situation. HR Solutions products and services do not constitute, and should not be construed as providing legal, tax, or accounting advice. Similarly, responses to questions asked during the presentation do not constitute tax, accounting, or legal advice. We rely upon the specific supplied facts and information. Therefore, the responses provided are only as reliable as the information originally provided by you. Associated Benefits and Risk Consulting is marketing name used by Associated Financial Group, LLC. Copyright 2018 Associated Financial Group, LLC. 1 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and 1

2 POLL THE IMPACT OF VIOLENCE DOL: Almost two million employees/year report having been victims of workplace, and many more cases go unreported 4 DEFINITION OF WORKPLACE VIOLENCE Any act or threat of physical, harassment, intimidation or other threatening disruptive behavior that occurs at the worksite Threats and verbal abuse Physical assaults Homicide 5 2

3 FOUR CATEGORIES OF WORKPLACE VIOLENCE Sources of Examples of those at risk Strangers Taxi cabs Vendors/delivery Invitees Members Guests Coworkers Supervisors Managers Personal relationships Family Friends 6 WORKPLACE SAFETY AND DANGER 7 DANGER & VIOLENCE CONSIDERATIONS Environmental exposure factors: Safety sensitive or hazardous positions Employees work at night Employees work alone Employees deal with strangers Money exchanges hands Employees go into private areas or isolated locations Overnight shifts with little or reduced supervision Alcohol served as part of your business 3

4 DANGER & VIOLENCE CONSIDERATIONS Employer culture exposure factors: Understaffing that leads to job overload or compulsory overtime High turnover Lack of safety protocols, safety leaders, and other safety requirements High levels of stress, frustration, and anger Downsizing, reorganization, placing people in roles w/o proper training Poor / inconsistent management (e.g., arbitrary or unexplained orders, over-monitoring, loose safety standards, favoritism, inconsistent discipline or policy enforcement, etc.) A lack of available employee counseling and training Tolerance of bullying or intimidation Personality conflicts and lack of trust Poor communication EEs too intimidated by management to report bad behavior VIOLENCE PROPENSITY CONSIDERATIONS Employee behavior exposure factors: Increasing belligerence Ominous, specific threats Hypersensitivity to criticism Recent fascination with weapons Obsessing about or harassing a supervisor or coworker Preoccupation with violent themes Interest in publicized violent events Inability to control feelings / outbursts of anger Extreme disorganization Noticeable changes in behavior or mood swings Homicidal / suicidal comments or threats Sudden and persistent complaining about unfair treatment Breakup of a marriage / romantic relationship, and other family conflicts Blaming of others for personal problems Sudden refusal to comply with rules or refusal to perform duties Paranoid behavior Sudden increased absenteeism Sudden increased demand of supervisor s time Talking to oneself Financial problems combined with not receiving a raise or promotion Quiet seething, sullenness AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and 4

5 EMERGENCY MANAGEMENT PHASES Preparedness Response Mitigation Recovery POLL OSHA REQUIREMENTS OSHA general duty clause: Employers must furnish a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm 14 5

6 OSHA GENERAL DUTY CLAUSE To prove a violation, OSHA must establish that: You failed to render the workplace free of hazards to employees; You or your industry recognized the hazard; The hazard caused or was likely to cause death or serious physical harm; and Feasible means existed to eliminate or materially reduce the hazard. 15 OSHA REQUIREMENTS OSHA requires many businesses have an emergency action plan (for instance, employers required to keep portable fire extinguishers, or who have fixed fire suppression systems) Emergency action plans must be In writing Kept at workplace Available to employees for review 16 EMERGENCY RESPONSE PLANNING In a time of crisis, you can be so focused on the tragedy that you forget critical response steps Although you hope you never need it, the best approach is to anticipate potential danger and acts of, and create a detailed written response plan that includes: Creation of Incident Response teams Assignment of specific roles to specific employees with clear responsibilities and clear chains of command The ways to respond to different types of Targeted training for designated responders, as well as all employees Business resumption steps, including grief counselling, reintegration, and succession planning 17 6

7 IMPLEMENTATION CONSIDERATIONS Planning and response protocols must: Example fill-in-the-blank plan: Be tailored to the needs, resources, and circumstances of each location Take into consideration the specific members of the workforce at each location Include such things as reporting, evacuation, critical operations, rescue duties, etc. Great resource: f977cdebbefcd545dfc7808c3e9385fc/business_emergencyr esponseplans_10pg_2014.pdf 18 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and POLL 7

8 IMMEDIATE RESPONSE First concern is safety of people onsite Employees Customers / clients Patients / students Vendors / visitors / third-parties Determine immediately impacted area(s) Mobilize designated responders Anyone identified in your emergency response plan Appropriate managers 21 IMMEDIATE RESPONSE Get the warning out s PA announcement Emergency sirens Contact the police / emergency services Facilitate evacuation of affected areas Run, hide, fight Manage designated evacuation / shelter areas Account for all employees at work that day, as well as any third-parties you know to have been onsite (you and authorities will want to know who might be potential victims) 22 IMMEDIATE RESPONSE Once your safety has been ensured, attend to any victims who are in safe areas while awaiting emergency responders Designated response coordinator should work closely with emergency responders who arrive Detailed description of what s known about the incident so far Perpetrator s last known location Building layout, entrances / exits, security camera information, etc. Estimates as to total number of employees / third-parties onsite Potential victim information 23 8

9 EXAMPLE PROCEDURE FOR EMERGENCY NOTIFICATION In an emergency or some other critical event, please follow the process in this handbook. Examples of the situations that might initiate this process are: fire or severe storm damage to Company property, any situation requiring police or emergency services, death of any customer or employee, any altercation on public property, or any event that in your judgment should be brought to the attention of upper management. Note, in an emergency call 911 or the appropriate authorities first, then begin the following process. 24 EXAMPLE PROCEDURE FOR EMERGENCY NOTIFICATION General Manager Controller Vice President, Secretary or Treasurer President/ Board of Directors 25 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and NOTIFICATION ISSUES 9

10 OSHA & WORK COMP REPORTING Federal OSHA Minnesota Wisconsin Illinois OSHA must be notified within 8 hours of learning of an employee death, and within 24 hours of learning of an amputation, loss of an eye, or in-patient hospitalization. MNOSHA must be notified within eight hours and DOLI s Workers Compensation Division and the employer s work comp carrier must be notified within 48 hours. Employers must report fatalities to the Worker s Compensation Division, Madison Office, and the employer s workers comp carrier within 24 hours. Employers must report fatalities to the Illinois Workers Compensation Commission within two work days after the death. 27 INSURANCE NOTIFICATIONS Workers compensation insurance carrier Injured employees Deceased employees / survivor claims PTSD claims for employees not physically harmed, but who were directly threatened General liability / commercial insurance carrier Third-party claims Business interruption Employment practices liability carrier Negligent hiring / negligent retention claims Harassment claims 28 INSURANCE NOTIFICATIONS Employee Assistance Program (EAP) Line-up resources such as grief counselling, and related financial and lossmitigation services Life insurance / short-term disability carriers Technical obligation to apply for such benefits is with injured employees / surviving family members, but you should prompt and facilitate Health insurance carrier Employees not directly in the scope of threat may still suffer mental health consequences; if so, work comp may not cover 29 10

11 NON-INSURANCE NOTIFICATIONS Family members of deceased or critically injured employees Emergency responders may also do so, but some message should come from you Be frank, honest, and informative (e.g., what s happened, employee s status, where employee has been taken, what assistance you can provide, etc.) Media Your message needs to be responsive, soothe community fears, reassure your customers / clients, and avoid liability admissions Coordinate with police and liability insurance carriers 30 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and BUSINESS CONTINUATION REINFORCING BUSINESS RELATIONSHIPS Your customers, clients, and vendors will sympathize, but will be concerned about your ability to meet your commitments Individually contact each potentially impacted organizational relationship Share limited details about what happened Reinforce the commitments you ve made Share the plan you have to meet those commitments (even if the timeline may have changed) Ask for their support and understanding Use social media to control the narrative, and let the community and your business relations see the progress you are making 11

12 PICKING UP WHERE YOU LEFT OFF Violence always disrupts work product How soon can you resume normal business? What will you do to cover the work that would have been performed by the person / people who are absent due to the? What work-arounds can you implement to compensate while the crime scene is shut-down for investigatory or refurbishment purposes? What will you do if critical knowledge is lost? AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and EMPLOYEE ISSUES BENEFITS FACILITATION Manage insurance and other benefits Have work comp initiate a claim (employee may or may not be able to complete a first report of injury) Get all the forms necessary for life insurance, short-term disability, etc., and pre-fill as much of them as you can Explore PTO donation and other coworker support options 12

13 REINTEGRATION Provide / conduct appropriate grief counseling and reinforcement opportunities Offer stress debriefing sessions and posttraumatic counseling services to help workers recover from a violent incident (if trauma is great, consider doing so offsite) Discuss the circumstances of the incident with employees and encourage them to share information about ways to avoid similar situations in the future Share your plans for ensuring harm doesn t recur, as well as for moving forward Remind employees of the importance of reporting all incidents and threats of workplace 36 REINTEGRATION Decide the best ways to: Provide / conduct appropriate grief counseling and reinforcement opportunities Clean up / repair physical workspace Bring impacted employees back into the workspace Respond to those employees who state that they can t come back into the workplace yet Reassign tasks and fill vacancies (current employees can resent new hires, and new hires may also need transition assistance) Introduce anti-bullying / harassment / response training 37 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and POST MORTEM/INCIDENT 13

14 MANAGE, LEARN AND BECOME BETTER Preserve the crime scene for investigatory purposes Your own assessment Police investigation OSHA investigation Insurance company investigations (your insurance company, and, potentially third-party insurers) Coordinate and control the various investigations as much as you can Try to have representatives present whenever any thirdparty is investigating 39 MANAGE, LEARN AND BECOME BETTER Assess cause What triggered? What signs were there that was imminent? What mitigation steps were taken when risk was first realized? What mitigation things weren t done that could have been done? Evaluate effectiveness of preparation and response efforts What parts of your emergency response plan worked as designed? What parts of your emergency response plan didn t? Were the right people assigned to the right roles? Were there other things you could have done in preparation or response? 40 AGENDA Understanding dangers and the threat of Preparing for dangers and acts of Responding to dangers and acts of Dealing with the aftermath of danger and LEGAL ISSUES 14

15 POLL OSHA RECORDABLE INCIDENT Work related injuries and illnesses should be recorded if they meet one of the following criteria: Death Loss of consciousness Days away from work Restricted work activity or job transfer Medical treatment beyond first aid Significant diagnosed injury or illness 43 BREACH OF DUTY EXPOSURES Negligence Duty, breach, harm; limited to third-parties (employees generally recover through work comp system) Gross Negligence Intentional failure to perform a necessary duty in reckless disregard of the consequences to others 44 15

16 BREACH OF DUTY EXPOSURES Negligent Hiring Not conducting position-appropriate screening or background checks (or ignoring problematic information) Negligent Retention Keeping an employee in a position despite a known or foreseeable risk presented by that employee Negligent Supervision Not effectively mitigating or responding to known or foreseeable risks presented by an employee in the workplace; fostering or permitting an environment that is tolerant of harassing, bullying, or violent behaviors 45 AMERICANS WITH DISABILITIES ACT ADA protects both victims and perpetrators (if employees): Those with disabilities under the law Those who aren t disabled today, but have a record of disability Those who aren t disabled under the law, but who are perceived or regarded as (i.e., treated as) disabled ADA generally prevents the disclosure of employee medical conditions (except on truly as-need basis) Assessing individual employee threat potential can lead to a regarded as claim under the ADA Avoid overreactions and conclusion jumping Be careful about requiring EAP contact 46 FMLA, ADA & WORK COMP Work comp provides medical coverage, wage replacement, death benefits, rehabilitation training Leave, light duty, and accommodations not required May not cover some stress-based claims FMLA provides up to 12 weeks of job-protected leave of absence If employee is eligible for FMLA, then leave caused by work comp injury is covered by FMLA ADA obligates employers to provide reasonable accommodations Leave and light duty or restricted work can be reasonable 47 16

17 QUESTIONS / AFG RESOURCES Affirmative action plan drafting Template documents for clients Unlimited Hotline access Onsite training for managers and employees Employee handbooks Safety consulting Upcoming FREE seminars / Fundamental leadership concepts Understanding why work comp is so expensive Effective strategies for recruiting new talent From peer to boss Workplace incentives and rewards: understanding the risks and restrictions Conflict management and difficult conversations Heather Kaiser, J.D., HR Consultant Heather.kaiser@associatedbrc.com 48 17