Workplace Violence Training by Johns Hopkins University


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  • Some examples of violent acts.
    This list is not all inclusive.
  • 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.
  • 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 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 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.
  • Victims come from all walks of life
    3.3 million child witnesses annually
    Increasing numbers of victims reporting animal abuse
  • Women do use violence
    Both as the aggressor and in self-defense
    Women can be controlling and abusive
  • 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
  • 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
  • 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
  • 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
  • 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)
  • When we respond to her house, how much information do you think we are going to get?
    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.
  • 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 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
  • 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
    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
  • 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
  • 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
  • Arrest and Protection Orders can be very effective in keeping women and their children safe
    Children are absolutely affected by the violence
  • Abusers seeking their victims at work often times injure others as well.
  • 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.
  • 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?
  • 64% reported their ability to work was significantly impacted.
    26% reported their ability to work was somewhat impacted.
  • 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
  • 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
  • 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
  • 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
  • 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
  • The employee was fired and he subsequently sued to get his job back
    During the trial the following questions were addressed:
  • 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
  • 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.
  • 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
  • Notice
    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
  • 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 RetentionDuty of Reasonable Accommodation
    Workers Comp PreemptionRape or Sexual Assault
    Negligent Failure to ProtectPremise Liability
  • OSHA has developed guidelines to provide information to assist employers in meeting their responsibilities under the OSHA Act
  • These recommendations were created by OSHA as a proactive way in which to address workplace violence.
  • The recommendations are based on the responsibilities employers assume under respondeat superior.
  • It is by way of this clause that OSHA holds the workplace accountable.
  • 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
  • Be aware of: Community resources
    Keep - Up-to-date materials on hand
    Let it be known - You are available to talk about DV concerns
  • 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
  • When should management intervene?
  • 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.
  • 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.
  • 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.
  • 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
  • Finding the right words is difficult
    It may seem to personal; or
    Prior attempts to intervene may have failed
  • These concerns are legitimate, but understand that turning things around is a process
    Go through victim being in a hole
  • Disclosure may be difficult due to embarrassment or fear or even denial
    Yet, your concern sends a message.
  • If an employee does disclose let them know:
    You are concerned
    You will try to maintain confidentiality
    You will try to assist them
  • You will try to work with them
    They will not be penalized or reprimanded solely for being a victim of DV
  • 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 emails 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?
  • 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
  • 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?
  • 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.
  • 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
  • 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
  • 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 emails from work and or threatening physical violence against others
  • Which of these indicators do you think an employer might notice Jimmy exemplifying?
  • 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.
  • 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 the workplace is being affected management needs to address it!
    Plan meetings of this type accordingly; you may want to have a witness present
  • 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
  • Utilize basic supervisory skills in counseling on performance; constructive criticism
    Point out performance problems
    You understand that personal problems @ times affect performance
    Encourage discussion of problems
    Set our clear steps towards improvement in writing complete with suspense date’s
  • These are some of the basics that should be a part of every workplace
  • 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.
  • 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
  • If an incident does occur your planed response should be appropriate in relation to the scope of the incident.
  • The nature of the incident will dictate the response
  • Be proactive, don’t fall into management by crisis.
  • Training should include everyone from the CEO down to the new hire
  • These are minimally areas that training and education should cover
  • 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
  • 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?
  • Will there be clear, written guidelines?
    What will be the protocol with respect to documentation?
    Whom will we partner with to address WPV issues?
  • Precise and proper documentation serves not only to protect the organization;
    It can assist in fine tuning and improving the companies response.
  • Examples of records to be kept
  • The evaluation component is critical to ensuring that the plan remain responsive and up-to-date
  • These are a few of the resources that can be utilized in formulating your policy
  • Workplace Violence Training by Johns Hopkins University

    1. 1. 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
    2. 2. 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
    3. 3. 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
    4. 4. Definition Cont’d ♦ This includes, but is not limited to, the buildings, the campus, vehicles and any area under the supervision of the entity.
    5. 5. 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
    6. 6. Types of Workplace Violence Violence by: - Strangers - Co-Workers - Personal Relations
    7. 7. Categories and Analyses of Threats ♦ Threat from strangers ♦ Threat from business associates ♦ Threat from co-workers ♦ Threat from domestic relations
    8. 8. Understanding The Problem Domestic Violence in MD ♦ Domestic violence related crimes ♦ Every 5 days ♦ 1 in 4 women Will it effect the workplace?
    9. 9. Understanding The Problem ♦ 26, 544 women ♦ One-fourth, or 6,636 women ♦ 6000 state employees Will it effect the workplace?
    10. 10. Domestic Violence Overview ♦ Clarifying what domestic violence is: ♦ And what domestic violence is not: It is exerted through physical, psychological and/or economic means.
    11. 11. “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.
    12. 12. 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
    13. 13. 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
    14. 14. 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.
    15. 15. 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.
    16. 16. 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
    17. 17. 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
    18. 18. 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
    19. 19. Understanding Domestic Violence THE CYCLE OF VIOLENCE Tension Building Phase Serious Battering Phase Honeymoon Phase
    20. 20. Domestic Abuse Intervention Project
    21. 21. WHY DO VICTIMS STAY? ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Threats Fear Stalking Victim Retaliation No Place To Go/Hide Economic Dependency Lack Of Resources Lack of Support ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Love Children Religion Preservation Of Family Hope Denial Shame Guilt No Relationship Role Models
    22. 22. Remember “In an abnormal situation, it is normal to respond in abnormal ways!” Victor Frankl Concentration Camp Survivor
    23. 23. 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!
    24. 24. Abuse And The Excuse ♦ Mental illness ♦ Loss of control ♦ Anger problem ♦ Alcohol/substance abuse
    25. 25. 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
    26. 26. 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
    27. 27. 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
    28. 28. 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
    29. 29. 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
    30. 30. 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?
    31. 31. 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
    32. 32. 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
    33. 33. 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 $
    34. 34. 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
    35. 35. 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
    36. 36. 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
    37. 37. Assaults and Homicides 1600000 1400000 1200000 1000000 800000 600000 400000 200000 0 simple assaults aggravated assaults rapes, sexual assaults robberies homicides
    38. 38. National Benchmark Survey ♦ 64% “Significantly Impacted” ♦ 26% “Somewhat Impacted” How? ♦ ♦ ♦ ♦ ♦ ♦ ♦ Distracted Fear of Discovery Harassment @ work by intimate Lateness Fear of unexpected visits by intimate Inability to complete assignments Job loss & Problems with boss
    39. 39. National Benchmark Survey 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
    40. 40. 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)
    41. 41. Predictability Violence doesn’t usually just happen, like the weather, it’s predictable. 80% of workplace violence is domestic violence related.
    42. 42. Predictability Corporate America ♦ “Violence can’t happen here” ♦ Employee Pool ♦ Society
    43. 43. 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.
    44. 44. 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.
    45. 45. Predictability Many times it is Management v. Union, perpetrators use the union to protect them.
    46. 46. Polaroid ♦ 63 years ♦ Close Knit Community ♦ Disgruntled Worker ♦ Multiple Injuries ♦ History of domestic violence ♦ Numerous run-ins with management
    47. 47. Polaroid ♦ ♦ 1. 2. 3. 4. 5. 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?
    48. 48. Polaroid How do you think the court ruled? What did Polaroid learn? What changes did they make?
    49. 49. National Benchmark Survey 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
    50. 50. 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.
    51. 51. 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?
    52. 52. 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.
    53. 53. Preparation As anger goes up the ability to think declines. The companies grievance procedure tells the perpetrator who to deal with.
    54. 54. Preparation It is very important to remember that violence does not just happen. Individuals perpetuating workplace violence want validation not help!
    55. 55. 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).
    56. 56. 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?
    57. 57. Liability Respondeat Superior Liability ♦ Vicarious liability ♦ Acts unconnected to job duties Direct Employee Negligence ♦ Negligent hiring or retention 1. Did the employer know (or should have known) of propensity for violence 2. Acts need not to have been done within scope of employment
    58. 58. Liability ♦ Failure to act after proper notice ♦ Failure to warn an identifiable victim Premise Liability ♦ General duty ♦ Reasonable steps
    59. 59. 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
    60. 60. 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
    61. 61. OSHA Guidelines
    62. 62. 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
    63. 63. OSHA Guidelines Based on OSHA’s Safety and Health Program Management Guidelines published in 1989
    64. 64. 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
    65. 65. OSHA General Duty Clause (cont’d) OSHA will rely on Section 5 (a)(1) of the OSH Act for enforcement authority
    66. 66. 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.
    67. 67. 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
    68. 68. 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 emails
    69. 69. Management’s Role In short, management must make it clear to both victim’s and perpetrator’s that you will respond to DV in nonjudgmental ways.
    70. 70. 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.
    71. 71. Workplace Violence Prevention Program Elements ♦Management Commitment and Employee Involvement ♦Training and Education ♦Recordkeeping and Evaluation of Program
    72. 72. Management Commitment and Employee Involvement ♦ Complementary and essential ♦ Management commitment provides the motivating force to deal effectively with workplace violence ♦ Employee involvement and feedbackenable workers to develop and express their commitment to safety and health
    73. 73. 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
    74. 74. 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
    75. 75. 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…..
    76. 76. Talking 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.
    77. 77. Talking 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.
    78. 78. 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
    79. 79. 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
    80. 80. Signs an Employee is Being Abused ♦ Repeated physical injuries ♦ Isolation ♦ Emotional distress ♦ Despondence or Depression ♦ Distraction ♦ Personal phone calls ♦ Absenteeism
    81. 81. Signs of abuse ♦ Makeup ♦ Clothing ♦ Court Appearances ♦ Change of address ♦ Non-participation
    82. 82. Assessing the Situation: Possible Pre-Indicator Red Flags ♦ Status of relationship ♦ Order of protection ♦ Arrest ♦ Alcohol/Drug ♦ Victim’s fear ♦ Weapons ♦ Suicide/Homicide
    83. 83. Red Flags ♦ Children ♦ Symbolic violence ♦ Threats ♦ Strangulation ♦ Access ♦ Past physical violence ♦ Past relationship history ♦ Abuser’s personal situation
    84. 84. 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
    85. 85. 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/emails or change their number/address ♦ Security escorts to and from building
    86. 86. Supervising a Victim of Domestic Violence ♦ 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
    87. 87. Supervising 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 function ♦ If your workplace has an employee assistance program, encourage the employee to get into contact with them
    88. 88. Supervising a Perpetrator of Domestic Violence ♦ Self disclosure ♦ Joking, harassing phone calls/faxes or emails; threatening physical violence
    89. 89. 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 3) 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
    90. 90. 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”
    91. 91. Supervising 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 situation ♦ If the employee is utilizing work time or resources, such as workplace phones, facsimile machines or email to harass threaten or intimidate another person, the employee should be subject to disciplinary actions
    92. 92. Supervising 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 meeting
    93. 93. Supervising a Perpetrator of Domestic Violence ♦ 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
    94. 94. 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
    95. 95. 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
    96. 96. Security Responses/Options ♦ Quick identification and reporting ♦ Clear instructions ♦ Lock doors ♦ Check-in ♦ Isolate public access areas ♦ Security guards ♦ Safe room ♦ Electronic access control
    97. 97. Security Responses ♦ Local law enforcement ♦ Protocols ♦ Alert law enforcement ♦ Information flow ♦ Pre-arranged code ♦ Coordinated response plan
    98. 98. Post-Incident Response Provide comprehensive treatment for victimized employees and employees who may be traumatized by witnessing a workplace violence incident
    99. 99. Post-Incident Response ♦ Trauma-crisis counseling ♦ Critical incident stress debriefing ♦ Employee assistance programs to assist victims
    100. 100. Training and Education ♦ Ensure that all staff Workplace Violence Program are aware of potential security hazards and ways of protecting themselves
    101. 101. Training and Education Training program should involve all employees, including supervisors and managers
    102. 102. Training and Education ♦ Workplace violence ♦ Ways to prevent prevention policy ♦ Risk factors that cause or contribute to assaults ♦ Early recognition of escalating behavior or warning signs volatile situations ♦ Standard response action plan for violent situations ♦ Location and operation of safety devices
    103. 103. Setting up Your Policy 1. 2. 3. 4. 5. 6. 7. 8. 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
    104. 104. Setting up Your Policy 9. 10. 11. 12. 13. 14. 15. 16. Notification Defamation Commitment Invasion of privacy Consultations Increased security Security Employment decisions
    105. 105. Setting up Your Policy 17. Guidelines 18. Documentation 19. Making Contacts
    106. 106. 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
    107. 107. 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
    108. 108. 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
    109. 109. Sources of Assistance ♦ OSHA Consultation Program ♦ OSHA Internet Site ♦ NIOSH ♦ Public Safety Officials ♦ Trade Associations ♦ Unions and Insurers ♦ Human Resource and Employee Assistance Professionals
    110. 110. David R. Thomas 410-516-9872