WORKPLACE VIOLENCE: HOW TO PREPARE FOR AND RESPOND TO THE UNTHINKABLE

Transcription

1 WORKPLACE VIOLENCE: HOW TO PREPARE FOR AND RESPOND TO THE UNTHINKABLE STEVEN GUTIERREZ, PARTNER, HOLLAND & HART LLP MANENDRA BHUGRA, MANAGER LEARNING AND DEVELOPMENT, CCA, INC. SEPTEMBER 21, 2017

2 INTRODUCTIONS Manendra Bhugra Manendra is the Manager of Learning and Development at CCA. She consults across the talent lifecycle to design and deliver development solutions that address critical workforce issues. Manendra has extensive experience managing and facilitating learning programs, working with individuals, teams, and organizations to facilitate behavioral and cultural transformation. 2

3 INTRODUCTIONS Steve Gutierrez Steve advises employers on how to attract and retain qualified, productive employees within the modern legal environment. With his practical approach, he helps organizations comply with federal, state, and local employment laws, offering counseling and training to executives, supervisors, and human resource professionals. When litigation arises, Steve provides strategic and cost-effective representation to businesses throughout the West. 3

4 AGENDA What is workplace violence Workplace violence and the law Recognizing the hazards of workplace violence Developing a workplace violence action plan Responding to violent incidents Q&A 4

5 DEFINITION Workplace violence is any act or threat of physical violence, intimidation, or other threatening disruptive behavior directed at someone on duty or at work It can involve employees, clients, vendors, visitors, or strangers (e.g., terrorists) 5

6 STATISTICS Nearly 2 million American workers report having been victims of workplace violence each year Many more cases are not reported In 2015: 417 workplace homicides 229 work-related suicides (per Bureau of Labor Stats.) 6

7 WORKPLACE HOMICIDES Source: National Center for Victims of Crime 7

8 WORKPLACE HOMICIDES Source: National Center for Victims of Crime 8

9 NON-FATAL WORKPLACE VIOLENCE Between 2005 and 2009, men were more likely to be victimized in the workplace by a stranger while women were more likely to be victimized by someone they knew 9 Source: National Center for Victims of Crime

10 EMPLOYER S DUTY Employers have a legal obligation to provide a safe workplace Occupational Safety and Health Act (OSH Act), General Duty Clause Workplace free from recognizable hazards that are causing or likely to cause death or serious harm to employees 10

11 NEGLIGENT HIRING, SUPERVISION, RETENTION Employers may be held liable for negligently hiring, supervising, or retaining employees with problems that cause injury or damage to others Based on employer s failure to exercise reasonable care when employer knew, or should have known that person was not fit for the particular employment Example: hiring individual with DUI/DWI convictions as a driver 11

12 IMPACT OF WORKPLACE VIOLENCE ON EMPLOYEES Loss of workplace productivity and effectiveness Decrease in morale Increased turnover Stress Employee physical and emotional issues Increased demands on managers to handle people issues Source: What You Need to Know About Workplace Violence, American Business Magazine, Dec. 26,

13 SOURCES OF VIOLENCE Assess the behavior, not the person Anyone can be an aggressor Pay attention to behavior that is out of place or concerning Appearance is not the sole indicator 13

14 RESPONSE CONTINUUM Healthy Aggressive Violent Respect Dignity Integrity Disrespect Incivility Unprofessional Bullying Harassment Retaliation Verbal Aggression Threats Intimidation Physical Aggression Assault Suicide Homicide 14 Violence-Continuum

15 WORKPLACE RISK FACTORS Negative performance review Disciplinary actions, including terminations Unwelcome change in role (e.g., performance or reorganization) Job stress (e.g., unfair working conditions, undefined expectations, etc.) Poor management styles (e.g., autocratic, inconsistent discipline, reprimands in front of others, etc.) Interpersonal conflict (peers, co-workers, supervisors) Perceived injustice 15

16 MANAGEMENT RISK FACTORS Conveying negative information Creating collaborative relationships Responding to problematic employee situations Self-awareness Assessing resources 16

17 EMPLOYEE RISK FACTORS High levels of stress Unconstructive attitude Mental health problems Substance abuse Negative affect Personal life challenges Personality features History of violence 17

18 RECOGNIZE WARNING SIGNS: OBSERVABLE BEHAVIOR Disrespectful to authority Refusal to acknowledge job performance problems Blaming others for mistakes Unpredictable changes in energy level/mood Pacing, restless, or repetitive movements Change in grooming or hygiene Social isolation Swearing/emotional outbursts Avoiding eye contact Inappropriate/offensive comments/jokes about violence Difficulty remembering, thinking, problem solving Stalking or invasion of personal space Excessive tardiness or absences 18

19 RECOGNIZE WARNING SIGNS: PHYSIOLOGICAL Red/white faced Sweating Trembling or shaking Clenched jaws or fists Exaggerated or violent gesturing Change in voice Loud talking or chanting Shallow, rapid breathing Incongruent emotional/behavioral signals 19

20 DEVELOPING A WORKPLACE VIOLENCE ACTION PLAN 1. Assess potential hazards and threats Get input from managers, operations, human resources, security, legal, and nonmanagement employees Have team evaluate vulnerability of workplace and workforce regarding different types of workplace violence Assess employer s readiness to prevent, address, and respond 20

21 DEVELOPING AN ACTION PLAN 2. Create Zero Tolerance Workplace Violence Policy Make sure senior management buys-in on policy Policy should encourage prompt reporting and ban retaliation against those who report threat or act of violence Reserve right to search and monitor workplace, including personal belonging brought in Publish policy and educate all employees on it Include it in your employee handbook or on internal website 21

22 DEVELOPING AN ACTION PLAN 3. Consider pre-employment and ongoing screening procedures Review job applications and resumes carefully Interviewers should ask about discrepancies, gaps, and vague answers Check references Conduct appropriate background checks as relevant to job (e.g., criminal history, driving record, civil lawsuits (which can show restraining orders, etc.)) Determine whether drug and alcohol testing will be conducted 22

23 DEVELOPING AN ACTION PLAN 4. Train supervisors to recognize and address signs of workplace violence Educate on risk factors and observable behavior Zero tolerance for talk, jokes, or acts of violence No weapons allowed in the workplace Reporting of any threats or incidents 23

24 DEVELOPING AN ACTION PLAN 5. Take security measures to protect your workers Locked doors or other restricted access Key card/badges for employees Central reception area for visitors with log Require that all vendors, repair personnel, and other non-employees are verified and accompanied while in workplace Install security cameras, lights, and alarms Consider hiring security personnel Make sure parking areas are secured and well-lit 24

25 RESPONDING TO INCIDENTS Be prepared in advance Establish: chain of command who is point person? emergency notification procedures (e.g., police, ambulance, employee s family, etc.) internal communications public/media relations operational concerns counseling for employees, EAP, etc. 25

26 RESPONDING TO INCIDENTS Investigate ALL threats and incidents of violence, no matter how minor Enforce your zero tolerance policy Take appropriate employment action against employee who threatens or acts in a violent manner Be open to workplace changes that help keep victims safe example: change work telephone number, address, or work shift for employee who is being stalked or is a victim of domestic abuse 26

27 SCENARIO #1 A female employee broke off a romantic relationship with a co-worker, but he wouldn t leave her alone After she got a restraining order against him, he lost control and went into her office He hit her and she fell from her chair. He then broke a soda bottle and cut her face with the glass WHAT DO YOU DO? 27

28 TAKE ACTION 28 Get medical help for the victim Contact police criminal act Should you restrain perpetrator if he is still on the premises? Put action plan into action e.g., point person, internal and external communications, etc. Inactivate perpetrator s entry badge/key card coordinate with police about other deactivations Try to limit affect on co-workers (e.g., seal off area, have outside cleaning crew clean it up, etc.)

29 TAKE ACTION AFTER THE IMMEDIATE EMERGENCY Assist victim with necessary forms (e.g., FMLA leave, etc.) Offer counseling/eap for colleagues and family members Should you visit victim in the hospital or at home during recovery? Process termination of perpetrator Other steps? 29

30 SCENARIO #2 During a lunch break, an employee overhears a co-worker talking on his cell phone say I hate my f***ing supervisor. I swear, if he gets on my case one more time, my Glock may do my talking for me. The employee who heard the statement reports it to HR WHAT DO YOU DO? 30

31 TAKE ACTION Investigate it talk to the employee who overheard the threat talk to the supervisor to find out what is going on with that employee talk to the employee who made the threat Do you terminate the employee? Activate action plan report it through chain of command, enforce policy, etc. Are any protections needed for the employee who reported it? 31

32 THANK YOU! QUESTIONS? MANENDRA BHUGRA STEVE GUTIERREZ