Workplace Violence in America- By Richard Garrity

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Workplace Violence in America- By Richard Garrity

  1. 1. 1 Workplace Violence in America Cause, Effect, and Prevention By: Richard Garrity
  2. 2. 2 Workplace Violence in America This presentation is proprietary information and can’t be copied or reproduced in any fashion without consent from the publisher owner, Richard Garrity
  3. 3. 3 FLASHPOINT IS: The Point of No Return
  4. 4. 4 Workplace Violence is not Welcome here!
  5. 5. 5 We come to work, to do a job. We come to work, to work. If you have personal problems, resolve them outside of work, so we can all do our job. If you have serious concerns or problems within your job, talk to your co-workers, your superiors, anyone.
  6. 6. 6 Resolve your issue, before it becomes an issue, because, it is not all about you, it is all about…US. Your important. Dont make yourself feel, unimportant. Insignificant.
  7. 7. 7 Resolve your issue, before it becomes an issue.
  8. 8. 8 Just do your job <
  9. 9. 9 Introduction: • Workplace Violence in corporate America has been a growing problem in the workplace since the late 1980’s. The issue of workplace violence became a subject of media attention after the series of U.S. Post Office murders that occurred throughout the 1980’s and early 1990’s.
  10. 10. 10 Introduction: • This présentation today will détail the causes, effect, prior cases, and prévention tips to guide you and your company in dealing with and preventing tradgedies in the work-place.
  11. 11. 11 The Corporate Mission: The intent of this presentation is to establish a Zero Tolerance Standard with respect to acts of intimidation, threats of violence, or acts of violence relating to the workplace (violence which stems from an employment relationship) at your company. It is intended as a guide for employees, supervisors, and managers and has been prepared to aid in the recognition and response to employee workplace violence.
  12. 12. 12 The Corporate Mission: A safe and secure workplace is essential to carrying out the corporate mission and vision of the company and it’s employees. All should be committed to working together to create and maintain a workplace that is as free as possible from forms of harassing and threatening behaviors.
  13. 13. 13 The Corporate Mission: Although there is workplace violence in all facets of the American workplace, especially for public servants and the retail sector, this training presentation is specifically designed toward the corporate office environment.. However, the information contained herein, can be useful to all.
  14. 14. 14 I am suppose to be free from violence when at the workplace. It is suppose to be a safe place, a calm & professional refuge from the real world that can be so ugly. Right?
  15. 15. 15 Not Exactly. Workplace Violence. The Specifics:
  16. 16. 16 What is Workplace Violence? Any physical assault, threatening behavior or verbal abuse occurring in the workplace by employees or third parties. It includes, but is not limited to, beating, stabbing, suicide, shooting, rape, attempted suicide, psychological trauma such as threats, obscene phone calls, an intimidating presence, and harassment of any nature such as stalking, shouting or swearing.
  17. 17. 17 The 4 Categories of Workplace Violence: • TYPE 1: Violent acts by criminals who have no other connection with the work-place, but enter to commit robbery or another crime • TYPE 2: Violence directed at employees by customers, clients, patients, students, or others to whom service is provided
  18. 18. 18 The 4 Categories of Workplace Violence: • TYPE 3: Violence against coworkers, supervisors, or managers by a present or former employee • TYPE 4: Violence committed in the workplace by someone who doesn’t work there, but has a personal relationship with an employee—an abusive spouse or domestic partner
  19. 19. 19 Prohibited Actions: Prohibited conduct includes, but is not limited to: • injuring another person physically; • engaging in behavior that creates a reasonable fear of injury to another person; • engaging in behavior that subjects another individual to extreme emotional distress;
  20. 20. 20 Prohibited Actions: • possessing, brandishing, or using a weapon that is not required by the individual’s position while on state premises or engaged in state business; • intentionally damaging property; • threatening to injure an individual or to damage property; • committing injurious acts motivated by, or related to, domestic violence or sexual harassment; and
  21. 21. 21 Workplace Violence: The definitions can vary…
  22. 22. 22 Definition of Workplace Violence: Surprisingly, there is much debate amongst Security Mgt, Human Resources, Safety and Workplace Violence Prevention experts on a specific definition of workplace violence. For example, the academic community tends to favor the use of the term aggression instead of violence, however, for the most part the business community still uses the term violence.
  23. 23. 23 Definition of Workplace Violence: According to the National Institute for Occupational Safety and Health (NIOSH) Workplace Violence is any physical assault, threatening behavior or verbal abuse occurring in the work setting. It includes, but is not limited to beatings, stabbing, suicides, shootings, rapes, near suicides, psychological traumas such as threats, obscene phone calls, an intimidating presence, and harassment of any nature such as being followed, sworn at or shouted at.
  24. 24. 24 Definition of Workplace Violence: The law enforcement community defines Workplace Violence as the commission of proscribed criminal acts or coercive behavior which occurs in the work setting. It includes but is not limited to homicides, forcible sex offenses, kidnaping, assault, robbery, menacing, reckless endangerment, harassment and disorderly conduct.
  25. 25. 25 Definition of Workplace Violence: The term coercive behavior is intended to convey the sense that workplace violence may take many forms in addition to the use of force. The aggressor may use berating language, physical or verbal threats or damage personal property.
  26. 26. 26 ASIS International’s Workplace Violence Guidelines state that Workplace violence encompasses a broad range of behaviors along a continuum, from behaviors of concern to threatening behavior to acts causing physical injury or death. At the “low” end of the continuum lie disruptive, psychologically aggressive, or emotionally abusive behaviors that generate anxiety or create a climate of distrust and impact employee productivity and morale.
  27. 27. 27 Definition of Workplace Violence: Moving along the continuum are any words or other actions that are reasonably perceived to be intimidating, frightening, or threatening to the employee and that cause reasonable concern for workplace safety— including direct or veiled threats, stalking, or aggressive harassment.
  28. 28. 28 Workplace Violence: By the numbers:
  29. 29. 29 Workplace Violence: By the numbers: Over the first 10 years of the 21st century, 2000- 2009, an average of 590 work-related homicides have occurred each year in the United States.
  30. 30. 30 Workplace Violence: Based on a study conducted by the Bureau of Labor Statistics in 2005 approximately 5% of all businesses in the US experienced an incident of workplace violence. The study also reported that while 5 percent of all establishments, including State and local governments, had a violent incident, 50% of organizations with more than 1,000 employees experienced and incident.
  31. 31. 31 Workplace Violence: By the numbers:
  32. 32. 32 Workplace Violence:
  33. 33. 33 The CDC (Center for Disease Control) official statistics:
  34. 34. 34 Workplace Violence: By the numbers: The magnitude of workplace violence in the United States is measured with fatal and nonfatal statistics from several sources. The Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) reported 14,770 workplace homicide victims between 1992 and 2012.
  35. 35. 35 Workplace Violence: By the numbers: Averaging over 700 homicides per year, the largest number of homicides in one year (1080) occurred in 1994, while the lowest number (468) occurred in 2011.
  36. 36. 36 Workplace Violence: By the numbers: From 2003 to 2012 over half of the workplace homicides occurred within three occupation classifications: Sales and related occupations (28%), protective service occupations (17%), and transportation and material moving occupations (13%).
  37. 37. 37 Data collected by the Consumer Product Safety Commissions’ National Electronic Injury Surveillance System (NEISS) that is collected in collaboration with NIOSH (NEISS-Work Supplement) estimated more than 137,000 workers were treated in emergency departments for nonfatal assaults in 2009.
  38. 38. 38 The Bureau of Justice Statistics’ National Crime Victimization Survey (NCVS) estimated the number of nonfatal violent crimes occurring against persons 16 or older while they were at work in 2009 at 572,000.
  39. 39. 39 These statistics were compiled and reported by the CDC based on official stats provided to by various federal agencies tasked with tracking such data.
  40. 40. 40 Workplace Violence: By the numbers: Since 2004, there have been "significant increases” in reports of assault, rape and homicide, with the greatest number of reports in the last three years. In addition, Security Mgt. Magazine reported that workplace violence was identified as one of the top five concerns of corporate and industrial security managers.
  41. 41. 41 Workplace Violence percolates and….
  42. 42. 42 Workplace Violence can explode anywhere at anytime <
  43. 43. 43 Background:
  44. 44. 44 Workplace Violence- Background & History: Specifics: Workplace violence began generating concern among public and private sector organizations in the United States in the 1988- 1990 years, and the awareness has increased steadily. While perceived as a threat to employees, no statistical information existed to allow the proactive development of prevention programs and policies.
  45. 45. 45 Background & History: At that time, statistics maintained by governmental agencies such as OSHA and state-level programs tracked employees that were injured or killed in the workplace, but “provided no break down of deaths or injuries that were caused by current or former employees”.
  46. 46. 46 Workplace Violence- Background & History: • In September 1993, the Chicago- based National Safe Workplace Institute released a study pegging the cost of workplace violence at $4.2 billion annually. They estimated that in 1992, over 111,000 violent incidents were committed in work environments, resulting in 750 deaths. In recent years this number has grown.
  47. 47. 47 Workplace Violence- Background & History: In 1994 the Workplace Violence Research Institute conducted a study. The institute interviewed more than 600 professionals in various professions affected by workplace violence. The incidents were divided into one of five categories: fatalities, rapes, aggravated assaults, threats, and acts of harassment. The results of the project showed that workplace violence actually resulted in a $36 billion annual loss.
  48. 48. 48 Workplace Violence- Incidents
  49. 49. 49 Workplace Violence-Incidents New Jersey- On April 10th , 2002, a police officer in Dover Township, New Jersey allegedly gunned down and killed 5 of his neighbors, drove to the residence of the police chief, with whom he had worked for years and wounded him. He fled and committed suicide. Miami Beach- On April 19th , 2002, a fired temporary worker returned to a Miami Beach, Florida construction site and shot his former supervisor in the chest with a spear gun.
  50. 50. 50 Workplace Violence-Incidents Amtrak- In 1987, an Amtrak railroad employee shot and seriously wounded his supervisor. Amtrak had failed to discipline the employee for a previous action that indicated violent tendencies. Detroit- On September 26th , 2001, at a Detroit auto parts plant, a man chased his former girlfriend through her workplace killing her then turned the gun on himself.
  51. 51. 51 Workplace Violence-Incidents South Bend- On March 22nd , 2002, fearing impending termination, a worker at an aviation parts manufacturing plant in South Bend, Indiana shot 3 employees to death, wounded another 4 employees and later committed suicide. North Carolina- On April 5th , 2002, at a worldwide telecommunications firm in Raleigh, North Carolina, a disgruntled employee, allegedly made threats to fly his airplane into his workplace. He was fired and arrested for terrorist threats.
  52. 52. 52 The Causes of Workplace Violence:
  53. 53. 53 The Causes of Workplace Violence: There are many causes of workplace violence including economic, societal, psychological, and organizations issues. The economic causes are an over-stressed population, downsizing or re-organizing departments, massive layoffs, growth of technology, recession, massive mergers, post modernism and unemployment.
  54. 54. 54 The Causes of Workplace Violence: Many people have the opinion that the societal causes of workplace violence are many; a changing society, violence on television and in the movies, music, violence as an accepted means of problem solving, not to mention the accessibility of handguns. Physiological causes of workplace violence may also be the result of employees who have experienced emotional, physical, or sexual abuse from adult or childhood.
  55. 55. 55 The Causes of Workplace Violence: The root causes of workplace violence are at the center of the controversy surrounding this issue. Many individuals in management positions believe disagreeable workers are to blame for workplace violence.
  56. 56. 56 The Causes of Workplace Violence: The occasional disgruntled employee who snaps and lashes out at co-workers or employers is presented as the norm. This dismissive perception can prove to be a dangerous
  57. 57. 57 How could life in the corporate workplace go so terribly wrong that things could come to this? How?
  58. 58. 58 Here is a summary of the principle causes of workplace violence:
  59. 59. 59 Causes:  Understaffing- where workers are forced to work alone or with inadequate support from co-workers and or managers.  Training- Failure to train workers to recognize and defuse potentially violent situations.  Prepardness- Failure to create and enact emergency procedures to address potentially violent situations
  60. 60. 60 Causes:  Safety- Failure to emphasize safety measures in the workplace, including designing the workplace to minimize potentially violent situations.  Presumption- The most prevalent however, is the continuation of the employee attitude and assumption that violence will never happen in their place of employment.
  61. 61. 61 Causes: What is generally the most common reason for workplace violence? It is usually because the person has been…
  62. 62. 62
  63. 63. 63 FIRED sometimes tragically leads to this:
  64. 64. 64 Who is at Risk? Potential for violence can exist in any workplace; some however, are at a greater risk due to the people they may encounter. Employees in the service industry and workers who handle large sums of money are more often at risk for violence.
  65. 65. 65 Who is at Risk? The greatest risk of violence comes to those who are in the health care field. These workers who come in direct contact with patients on a daily basis are at the greatest risk for violence in the workplace.
  66. 66. 66 The Behavior of One: • Increased use of alcohol and/or illegal drugs • Unexplained increase in absenteeism • Noticeable decrease in attention to appearance and hygiene
  67. 67. 67 The Behavior of One: • Depression and withdrawal • Explosive outbursts of anger or rage without provocation
  68. 68. 68 The Behavior of One: • Threatens or verbally abuses co- workers and supervisors • Repeated comments that indicate suicidal tendencies • Frequent, vague physical complaints • Noticeably unstable emotional responses • Behavior that is suspect of paranoia
  69. 69. 69 The Behavior of One: • Preoccupation with previous incidents of violence • Increased mood swings • Resistance and over-reaction to changes in procedures • Increase of unsolicited comments about firearms and other dangerous weapons
  70. 70. 70 The Behavior of One: • Empathy with individuals committing violence • Repeated violations of company policies • Fascination with violent and/or sexually explicit movies or publications
  71. 71. 71 The Workplace Violence Spectrum
  72. 72. 72 Workplace Violence in the National Spotlight:
  73. 73. 73 Domestic Violence spills into the corporate workplace...
  74. 74. 74 Largo, Florida- February 2013
  75. 75. 75 The Fred Sumner Incident: A man distraught because he suspected his wife was having an affair walked into a glass-walled office complex and began firing a semiautomatic handgun, ending by shooting himself in the abdomen, police said. Gunman Fred Michael Sumner, a 52-year- old Largo resident, survived and was airlifted to a local hospital for treatment after the outburst at his wife's workplace. No one else was injured, police said.
  76. 76. 76 The Fred Sumner Incident: The incident sent fear and confusion rippling through the multiple businesses that occupy Bayview Pavilion, a three-story office building at 15550 Lightwave Drive, Largo. At least 5 thick plate glass windows were shattered by the gunfire, but no injuries or direct threats to employees were made by Sumner. The suspect then turned the gun on himself.
  77. 77. 77 The Edgewater Technologies Massacre- Mucko McDermott
  78. 78. 78 The Edgewater Technology Massacre- Mucko McDermott Michael “Mucko” McDermott, a 42-year-old software engineer, used an AK-47 assault rifle and a 12-gauge shotgun to kill seven of his co-workers at Edgewater Technology Inc. in Wakefield, MA. On Dec. 26th , 2000. Prosecutors have said he was angry over a government demand that the company withdraw back taxes from his paychecks.
  79. 79. 79 The Edgewater Technology Massacre- Mucko McDermott McDermott went to Edgewater Technology on Christmas Day 2000 and left behind a stash of weapons: A Russian AK-47 semiautomatic rifle with an attached 60-round, large capacity feeding device; a 12- gauge pump-action shotgun; a . 32-caliber pistol; a bolt action rifle and a bag filled with ammunition boxes.
  80. 80. 80 The Edgewater Technology Massacre- Mucko McDermott The next day, at about 11:10 a.m., he took out the shotgun and the AK-47, and began a rampage that claimed the lives of seven co- workers as listed: Janice Hagerty, 46 Cheryl Troy, 50 Craig Wood, 29 Jennifer Bragg Capobianco, 29 Louis Javelle, 58 Paul Marceau, 36 Rose Manfredi, 48
  81. 81. 81 Mucko McDermott shortly after being apprehended.. Dec. 2000
  82. 82. 82 Workplace Violence strikes the nation’s Capital
  83. 83. 83 The Washington Navy Yard Massacre- 2013
  84. 84. 84 The Washington Navy Yard Massacre- 2013 The Washington Navy Yard shooting occurred on September 16, 2013, when lone gunman Aaron Alexis fatally shot twelve people and injured three others in a mass shooting at the headquarters of the Naval Sea Systems Command (NAVSEA) inside the Washington Navy Yard in Southeast Washington, D.C. The attack, which took place in the Navy Yard's Building 197, began around 8:20 a.m. and ended when Alexis was killed by police around 9:20 a.m.
  85. 85. 85 The Washington Navy Yard Massacre On Monday, September 16, Alexis left his hotel and arrived at the Navy Yard in a rented Toyota Prius at around 7:53 a.m., using a valid pass to enter the Yard. He entered Building 197 at 8:08 a.m. through the main entrance, carrying the disassembled shotgun (the barrel and stock of which had been sawed off) in a bag on his shoulder, and went to the fourth floor, where he conducted work during the prior week.
  86. 86. 86 The Washington Navy Yard Massacre- 2013 He assembled the shotgun inside a bathroom, then emerged with the gun, crossed a hallway into the building's 4 West area, which is a cubicle area near the atrium, and began shooting at 8:16 a.m. Four people were hit; three of them died, while the fourth, a young woman, survived wounds to the head and hand. At 8:17 a.m., approximately one minute and 30 seconds after the first shots were fired, the first calls to 911 were made.
  87. 87. 87 The Washington Navy Yard Massacre- 2013 By 8:20 a.m., Alexis had shot and killed eight people on the fourth floor, and he made his way to the third floor, where he fatally shot two more people within the next two minutes. He also fired at several people on at least five separate occasions, wounding one woman in the shoulder as she ran up a stairwell. After firing several shots on the third floor, Alexis went to the first floor.
  88. 88. 88 The Washington Navy Yard Massacre- 2013 While on the first floor, Alexis moved around randomly before turning around and heading towards the front entrance. There, he fired at Richard Ridgell, the security officer stationed there, through a set of windows, killing him and taking his Beretta 9mm pistol afterwards. Ridgell, a former Maryland state trooper, had earlier been informed by two police officers to remain at his post and try to stop the gunman if he attempted to leave the building.
  89. 89. 89 The Washington Navy Yard Massacre- 2013 Alexis then fired his shotgun at a second security guard and a Navy military police officer at the first- floor atrium, missing both; the security guard fired back and Alexis fled down a hallway. Shortly afterwards, Alexis fired at two police officers and a Naval Criminal Investigative Service agent in another hallway before fleeing again. 8:34 a.m., Alexis went towards the west side of the building, where he encountered two men standing at a corner of the building. He tried to fire at them with his shotgun, but realized he was out of ammunition and switched to the stolen Beretta, shooting and killing one of the men.
  90. 90. 90 The Washington Navy Yard Massacre- 2013 At approximately 8:55 a.m., Alexis went to the third floor via stairwell and concealed himself inside a bank of cubicles. At 9:12 a.m., two officers and two NCIS agents entered the cubicle area, whereupon Alexis opened fire on them, hitting one of the officers, Scott Williams, in both legs. The other officer and the NCIS agents dragged Williams out of the area and alerted other officers to Alexis' presence.
  91. 91. 91 The Washington Navy Yard Massacre- 2013 At 9:15 a.m., D.C. Police Emergency Response Team officer Dorian DeSantis and U.S. Park Police officers Andrew Wong and Carl Hiott entered the cubicle area and searched the individual banks. Eventually, Alexis jumped out from one of the desks and fired at DeSantis from approximately five feet away, shooting him once in his tactical vest, and the three officers returned fire. DeSantis was uninjured by the gunshot. At 9:25 a.m., Alexis was fatally shot in the head by DeSantis during the gunfight.
  92. 92. 92 The Washington Navy Yard Massacre- 2013 The media reported that Alexis had filed a police report in Newport, Rhode Island on August 2, 2013, in which he claimed to be the victim of harassment and that he was hearing voices in his head. According to an FBI official after the shooting, Alexis was under "the delusional belief that he was being controlled or influenced by extremely low frequency electromagnetic waves.
  93. 93. 93 The Washington Navy Yard Massacre- 2013 On August 4, 2013, naval police were called to Alexis' hotel at Naval Station Newport and found that he had "taken apart his bed, believing someone was hiding under it, and observed that Alexis had taped a microphone to the ceiling to record the voices of people that were following him".
  94. 94. 94 The Washington Navy Yard Massacre- 2013 In March of 2008, Alexis obtained a secret clearance from an HP subcontractor (via government approval), from USIS, tasked with conducting his background investigation. The USIS contractor failed to note or detect that Alexis was arrested in 2004 in Seattle, Washington, for malicious mischief, after shooting out the tires of another man's vehicle in what he later described as the result of an anger-fueled "blackout"
  95. 95. 95 The Washington Navy Yard Massacre- 2013 On his clearance application, Alexis said he had never been charged with a felony, and that he had not been arrested in the last seven years; the personnel report said Alexis had given these answers because the 2004 charge had been dismissed. This security clearance investigation conducted by USIS, is the same contractor that had also vetted Edward Snowden.
  96. 96. 96 The Washington Navy Yard Massacre- 2013 On September 25, 2013, Hewlett Packard company fired the subcontractor computer firm “The Experts”, which employed Aaron Alexis, over "its failure to respond appropriately" to the Washington Navy Yard shooter's mental health issues, which were clearly evident. Over 170 law enforcement personnel responded to the tragic workplace violence incident.
  97. 97. 97 The Washington Navy Yard Massacre- 2013 In June 2013 the office of Senator Claire McCaskill stated that USIS was "under active criminal investigation". A statement from USIS stated that it was unaware that it was under criminal investigation. It added that "USIS complied with that subpoena and has cooperated fully with the government's civil investigative efforts". USIS, as the government's No. 1 provider of background checks for the United States, earned $253 million in awards this year alone.
  98. 98. 98 The Washington Navy Yard Massacre- 2013
  99. 99. 99 The Washington Navy Yard Massacre- 2013
  100. 100. 100 The Washington Navy Yard Massacre- 2013
  101. 101. 101 The Xerox Murders- 1999
  102. 102. 102 Byran Koji Uyesugi
  103. 103. 103 The Xerox Masascre, Honolulu The Xerox murders was an incident of mass murder that occurred on November 2, 1999, in a Xerox building in Honolulu, Hawaii. Service technician Byran Koji Uyesugi shot at eight people; seven fatally (six co-workers and his supervisor) and one more fired upon during escape. This was the worst mass murder in the history of the state of Hawaii. The incident shook the conscious of the United States public people.
  104. 104. 104 The Xerox Masascre, Honolulu The case also heightened awareness of workplace violence in Hawaii and elsewhere in the United States.
  105. 105. 105 Byran Koji Uyesugi- The Warning Signs: • Uyesugi's troubles apparently began soon after he was transferred to another workgroup. He began making unfounded accusations of harassment and product tampering against fellow repairmen, who had great difficulty placating his anger. Former co-workers who knew him reported the other members of his team allegedly ostracized him, making him feel isolated and
  106. 106. 106 Byran Koji Uyesugi- The Warning Signs: • His anger was such that he reportedly made threats against other fellow co-workers' lives. In 1993, he was ordered to undergo psychiatric evaluation and anger management courses after he kicked in and damaged an elevator door.
  107. 107. 107 Byran Koji Uyesugi- The Warning Signs: • Uyesugi was arrested for third degree criminal property damage. Four co-workers told Dr. Michael Welner, Chairman of The Forensic Panel and renowned forensic psychiatrist who interviewed Uyesugi prior to trial, stated that as early as 1995, Uyesugi was openly speaking of carrying out a mass shooting at the workplace were he ever to be fired from
  108. 108. 108 Byran Koji Uyesugi- The Warning Signs: • He also felt that his co-workers were engaged in patterns of harassment, back stabbing behavior, and spreading of rumors. He refused re- training and thus on November 2nd , 1999, carried out his diabolical rampage.
  109. 109. 109 Byran Koji Uyesugi- The Warning Signs: • The huge question here is, why was Uyesugi not terminated long ago, before 1999? He had kicked in an employer’s elevator door, even arrested for it, and made open threats against fellow employees lives. Serious issues going back 6 years to 1993? Employer liability here?
  110. 110. 110 Byran Koji Uyesugi- The Warning Signs: YES. In 2005, Xerox and the hospital that examined Uyesugi settled a lawsuit brought by the families of the shooting victims, who felt that both had ignored clear signs of Uyesugi's mental instability.
  111. 111. 111 The Lonnie Gilchrist Incident: Boston, Massachusetts
  112. 112. 112 Workplace Violence explodes on the national scene. The Lonnie Gilchrist Incident: • On April 7, 1988, Lonnie Gilchrist, a Boston Merrill Lynch stockbroker, shot his Regional Vice President, George Cook. Gilchrist shot Cook three times with a .22-caliber pistol as the executive sat behind his desk. As Cook crawled toward his door crying for help, witnesses said, Gilchrist shot him twice more. Gilchrist had been terminated the day before due to insubordinate & aggressive behavior.
  113. 113. 113 COMMONWEALTH vs. LONNIE L. GILCHRIST: Official court documents- 413 Mass. 216 • Between 10:30 and 11:30 A.M. on April 7, 1988, the defendant, who had been employed as a stockbroker at the Boston offices of Merrill Lynch, entered the office of George Cook, a vice president of Merrill Lynch, and shot him with a pistol five times, at least once when Cook was on the floor pleading for mercy.
  114. 114. 114 COMMONWEALTH vs. LONNIE L. GILCHRIST: Official court documents- 413 Mass. 216 • The defendant then chased Cook, who had managed to get to his feet and run from his office, down the hall, in full view of the employees at Merrill Lynch, striking the back of Cook's head three times with the butt of the gun and kicking him. Cook died after being taken to Massachusetts General Hospital.
  115. 115. 115 Culpability. Who takes it?: The clear and undeniable pattern here in most of these examples of workplace violence, is that the perpetrator without question, exhibited obvious signs of isolation, mental illness, or at the very least, mental imbalance. And those warning signs were ignored, brushed off as eccentric, or not dealt with properly due to unrealistic company protocols and or policies. Employees like Mucko McDermott and Byran Koji Uyesugi should have been released long before these tragic incidents ever had a chance to happen. That lack of training, that lack of leadership, cost people their lives <
  116. 116. 116 A look at major incidents at U.S. workplace shootings in the last decade:
  117. 117. 117 Workplace violence- WOMEN
  118. 118. 118 Workplace violence is not just exclusive to men. Women can explode just as well. Workplace Violence in America
  119. 119. 119 Workplace violence by women?
  120. 120. 120 Barre City, Vermont, August 8th, 2015
  121. 121. 121 Workplace violence by women? An employee of the Dept. for Children and Families was shot twice and killed in Barre, Vermont on a Friday afternoon, allegedly by a mother who had recently lost custody of her 9 year old child. Lara Sobel was shot as she left work at Barre City Place, where DCF has offices, state & local police said by a 270-caliber, bolt- action Remington rifle. The killer had been waiting for her to leave.
  122. 122. 122 Workplace violence by women? Vermont Police arrested Jody Herring in connection with the shooting. Herring reportedly lost custody of her 9-year-old child in July. Three more people found dead in a Berlin, Vermont farm home the following day, are closely related to suspect, Jody Herring.
  123. 123. 123 Workplace violence by women? Aggravated murder charges were filed against Jody Herring, age 40, of South Barre, for the shooting deaths of her cousins Rhonda and Regina Herring and their mother, Julie Ann Falzarano. The murders appear related to the DCF dispute. The murder weapon was allegedly stolen from her ex-boyfriend’s home.
  124. 124. 124 Jody Herring was "very calm and laughing" after killing Lara Sobel, according to prosecutors’ court papers filed by arresting
  125. 125. 125 Jody Herring in custody….
  126. 126. 126 L A R A S O B E L
  127. 127. 127 W H Y ? ?
  128. 128. 128 Workplace violence by women of any industry, is more common than you might think. Although the biology between a man and a woman are very much different, the emotions are not. That is what primarily drives workplace violence, emotions. Emotions about job performance, emotions about how your treated and judged by superiors, colleague relationships, and personal relationships outside of work.
  129. 129. 129 Although women tend to be more restrained & logical with regard to violent loss of control due to emotion in the corporate workplace, they are still human and can become equally violent, but, with much lesser frequency. The difference is, the homicide rate is quite substantially, lower from that of men. Workplace violence amongst women as the perpetrators is documented via the media outlets very widely, but it usually is physical assaults.
  130. 130. 130 “That is what primarily drives workplace violence, emotions”.
  131. 131. 131 Is this a threat?
  132. 132. 132 Legal Issues and Liability: ~ The Cost and Consequence ~
  133. 133. 133 OSHA mandate Act of 1970, section 5(a)(1)
  134. 134. 134 Do you have documentation that all employees understand Workplace Violence policies?
  135. 135. 135 Legal Issues and Liability: • American employers hold liability in all areas of business, both civilly and criminally. Under the theory of the respondent superior, an employer is vicariously liable for any actions committed by its employees within the scope of their job/employment. That is to say the employer can be held liable even if they did nothing wrong.
  136. 136. 136 Legal Issues and Liability: • The employer is liable for actions of the employee when the employee is working, even if the employee is acting against company policy. • (Respondent Superior: an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the "Master-Servant Rule“)
  137. 137. 137 Legal Issues and Liability: Most importantly, employers can be held liable on the grounds of negligent hiring or negligent retention of an employee who has a known propensity for violence. Employers can and are being held liable for the willful misconduct of their employees, even if the employees’ actions occur outside the scope or place of employment. This form of liability is defined by the legal theories of negligent hiring and retention.
  138. 138. 138 Legal Issues and Liability: While these theories are not necessarily new, what is worthy of notice is the increase in negligent hiring and retention claims. Beginning in the 1980’s, negligent hiring and retention claims have been on a rapid rise and very costly judgments result.
  139. 139. 139 Negligent Hiring
  140. 140. 140 Negligent Hiring: The doctrine of negligent hiring was developed from the “fellow servant rule,” which imposed on employers the obligation to hire and retain employees who would not pose a danger to other employees. The co- worker injured as a result of violence could recover damages due to the employer’s breach of duty in hiring the violent offender.
  141. 141. 141 Negligent Hiring: Unlike the doctrine of respondeat superior, which is based on vicarious liability-holding another entity responsible for the torts of others-the doctrine of negligent hiring holds the employer directly liable for negligence. In addition, the latter doctrine can be extended to include acts outside the scope of employment.
  142. 142. 142 Negligent hiring is defined as the hiring of an employee the employer knew or should have known was unfit or unsuitable to the workplace environment due to a history of or predisposition for violent behavior.
  143. 143. 143 In essences, the legal theory is that the employer was negligent or failed to conduct a proper and adequate pre-employment screening, therefore, alerting behaviors and information of the employee’s propensity for violence were not ascertained, which created a risk of ham to foreseeable victims.
  144. 144. 144 Negligent Hiring: Negligent hiring cases have had legal verdicts of up to $40 million (Source: Gurtin vs. Nurse Connection, et. al., 2002) and the average settlement of a negligent hiring lawsuit is nearly $900.000 (Source: Human Resources Management, 2008).
  145. 145. 145 Negligent Retention: Similar to the doctrine of negligent hiring, the doctrine of negligent retention holds an employer directly liable for retaining an employee or not taking steps to insure the safety of third parties after the employer becomes aware of, or should have become aware of the employee’s unsuitable behavior or propensity for violence.
  146. 146. 146 Negligent Retention: In essence, the legal argument is advanced that the employee’s behavior put the employer on notice, or should have, that the employee was not suitable to the work environment or posed a threat.
  147. 147. 147 Legal Issues and Liability: According to a study by Liability Consultant’s, a consulting firm specializing in premises liability, the average settlement in these workplace violence cases is now over $1.6 million. Such sensational monetary judgments are sure to attract attention among potential plaintiffs and the lawyers eager to try their cases. As awareness continues to increase, it could be argued that this type of litigation will gain more and more momentum.
  148. 148. 148 Legal Issues and Liability: More than ever, employers need to clearly understand what negligent hiring and retention is, what responsibilities employers have to create a safe environment through employee selection, and what actions are necessary to reduce the risk of liability and loss.
  149. 149. 149 Solutions, Prevention, & Safety Tips
  150. 150. 150 Workplace Violence Prevention Tips:
  151. 151. 151 What should I do if 2 co-workers begin fighting in the office?
  152. 152. 152 Prevention & Safety Tips: It is imperative that you know that not all incidents of workplace violence require an immediate 911 or Security notification. Obviously any event that involves the use of a weapon, i.e. a gun, knife, blunt or sharp object would most certainly demand a 911 call. Any situation where one employee is attacking another with intent to injure or kill them.
  153. 153. 153 Prevention & Safety Tips: However, in a situation where 2 or more employees are having a heated dispute, or are threatening each other does not require an emergency response. If you witness such behavior, you should report it to your supervisor immediately. Even if 2 employees start fighting each other, you REPORT it to your superiors and let them size up the situation and take the necessary actions to defuse the matter.
  154. 154. 154 Prevention & Safety Tips: NEVER attempt to break up a fight on your own as you could be injured yourself. Allow the Mgt. staff who are responsible for the dept. to take the prescribed actions to remedy the situation.
  155. 155. 155 Workplace Violence Prevention Tips:
  156. 156. 156 Workplace Violence Prevention Tips: AWARENESS + ACTION = PREVENTION!
  157. 157. 157 Workplace Violence “The prevention of workplace violence is everybody’s business” Gene Rugala, F.B.I. (Retired) “If you see something or sense something, say something” (Center for Personal Protection and Safety)
  158. 158. 158 Workplace Violence Prevention Tips:
  159. 159. 159 Workplace Violence Prevention Tips: One of the greatest shortfalls in critical incident workplace violence policies is that they fail to establish a notification standard with their tenants. Property management needs to be notified when their building tenants anticipate a hostile termination, or when an internal workplace violence incident has resulted in suspension of one of their employees. Managers should also keep a log of all reported workplace violence incidents.
  160. 160. 160 Security Personnel can be utilized and instrumental with workplace violence
  161. 161. 161 Workplace Violence Prevention Tips: Another consideration management must face is to what extent their security personnel should commit to workplace violence issues. If you have designated your security personnel to a role no greater than that of a greeter at the information desk, then they should not be put in a confrontational situation; they simply haven't been trained to handle these types of situations.
  162. 162. 162 Workplace Violence Prevention Tips: Property Managers and or building owners must mandate additional professional training for these types of situations.
  163. 163. 163 Workplace Violence Prevention Tips: Very few terminations are done spontaneously. Consider having your tenant hire their own security personnel for these situations; committing your own security personnel may leave your building vulnerable because they have left their post(s) or patrol duties.
  164. 164. 164 Workplace Violence Prevention Tips: As with any termination, be sure any common building keys or swipe cards are confiscated or taken out of the access system.
  165. 165. 165 Workplace Violence Prevention Tips: • Provide a safe workplace, including written policies, employee training, proper staffing and follow-up of any serious incidents.
  166. 166. 166 DOCUMENT DOCUMENT DOCUMENT All incidents of abnormal behaviors!
  167. 167. 167 Workplace Violence Prevention Tips: • Implement a comprehensive policy for preventing and managing workplace violence that establishes clear expectations of employee behavior and a course of action for employees and managers to take when incidents of violence occur. The policy/policies should include confidential reporting, freedom from reprisals and disciplinary action for violations.
  168. 168. 168 Workplace Violence Prevention Tips: Provide safety education for employees so they know what conduct is not acceptable, what to do if they witness or are subjected to workplace violence, and how to protect themselves.
  169. 169. 169 Safety Tip: Identify at-risk employees and take the preventative measures needed before they do indeed ‘snap’.
  170. 170. 170 Identify at-risk employees: Sometimes the indicators are right in front of you
  171. 171. 171 Identify at-risk employees: Identify, contain, and confront the problem before he explodes
  172. 172. 172 Managers and or subordinates should not take the practice of ’pointing’.That only agitates the existing problem.
  173. 173. 173 Reprimands & Termination Tips:
  174. 174. 174 There is a wrong way and a right way to go about this.
  175. 175. 175 If you elect to be callous and you are unable to be forthcoming with an employee about to be terminated, then things can get out of control and potentially violent.
  176. 176. 176 Don’t Make These 5 Mistakes When Firing an Employee
  177. 177. 177 Firing an employee is right at the top of most managers’ “Hated Responsibilities” list. Whether the termination is a result of budget cutbacks or the employee’s repeat poor performance, telling someone that they’re out of a job – especially in a poor economy – is nerve wracking and heartbreaking. On top of the normal guilt that occurs, there’s also the realistic concern that the employee could flip out and become dangerous.
  178. 178. 178 There isn’t a trick of the trade that’s going to make firing someone easy, but by avoiding these common mistakes, you can at least make the process more bearable for both you and the employee.
  179. 179. 179 1. Using in-appropriate data: • Managers sometimes use and refer to data when deciding to layoff an employee. However, this data’s intended use may have been solely to help the employee and the company develop over time. If data is meant to be used in one way, but is then also used to justify a termination, the employee may have a case against the employer due to misrepresentation.
  180. 180. 180 1. Using in-appropriate data: • Before an employer makes the decision to fire an employee, and certainly before the situation is discussed with the employee, it’s important to look at all relevant data and form a clear, concise and reasonable reason for the termination.
  181. 181. 181 1. Using in-appropriate data: • If the numbers you’re looking at aren’t something the employee knows about, or has the ability to control, you could be making a bad decision for the company and the employee, both.
  182. 182. 182 2. Basing termination one bad review: Instead of looking at the big picture, some employers immediately fire an employee after their first poor performance review. There are two downfalls to doing this: first, the employee can say that they were wrongfully terminated and second, the employer has now gotten rid of an otherwise beneficial employee, which means extra cost will be spent filling that position.
  183. 183. 183 2. Basing termination one bad review: It’s important for management to look over the employee’s history, not just their recent performance.
  184. 184. 184 2. Basing termination one bad review: On boarding new employees is expensive and difficult for company culture to handle. It’s important, therefore, to work out a plan that accounts for more than one strike, coupled with corrective measures, depending in the severity of the issues. Most employees want to do a good job, if given the chance to fix their mistakes.
  185. 185. 185 3. Saying too much or saying too little: When firing an employee, knowing how much to say is a delicate balancing act. Some managers err on the side of not saying much at all – in the end, the news delivered is the same, right? Staying tight lipped shows a lack of empathy, though, which just makes the blow to the employee that much harder to handle. Saying too much isn’t good either. Once someone finds out that they’re being let go, their brain goes into survival mode, which makes it hard to understand and retain complicated information, like details about the company’s financial position.
  186. 186. 186 3. Saying too much or saying too little: As a manager, it’s also good to stay away from, “This is so hard on me,” statements. Yes, it’s difficult to deliver the news, but it’s not nearly as difficult as it is to be on the receiving end.
  187. 187. 187 4. Failure to explain the security process: • As if getting fired isn’t enough, most companies have a policy that the terminated employee has to be escorted out of the building by security. It’s humiliating enough to pack up your desk as your co-workers look on, but now you’ll be watched like a hawk by a building security officer. While managers aren’t expected to lift this policy in order to protect the employee’s feelings, it should be explained that it’s common practice to have security present and that it’s in no way personal. This exit strategy must be explained.
  188. 188. 188 4. Failure to explain the security process: • If you can’t explain the security process because you don’t have one, don’t wait until you’ve terminated an employee to figure out how to manage their keys, IDs, account logins and passwords.
  189. 189. 189 5. Keeping information private from other staff members: • A certain amount of information regarding the terminated employee should become public knowledge within the company, or at least within the immediate department. If the decision isn’t addressed and explained, remaining employees may start to worry for their own job. This can seriously increase anxiety and decrease morale.
  190. 190. 190 5. Keeping information private from other staff members: • While it’s rarely a good idea to discuss the specifics of an employee’s termination, you should always be open about the process and be sure employees know it’s for the good of everyone involved.
  191. 191. 191 Reprimands & Termination Tip: Reprimand- Termination: It is important that during any official reprimand or termination of an employee, that HR specialists, managers, dept. heads, and supervisors take special precautions on how to deal with disciplining an employee, especially one who has displayed acts of aggression in the past. The environment is critical.
  192. 192. 192  Reprimand- Termination When engaged in the process of reprimanding or terminating an employee, execute the following: 1. Greet the employee with sincerity and perhaps even extend a handshake. Make the initial appearance as comfortable as possible. 2. Insure that you are firm in your delivery as to why the employee is being disciplined and stick to the facts. Do not allow the employee to dictate the session or deviate.
  193. 193. 193  Reprimand- Termination 3. Never allow yourself to be intimidated or manipulated. Do not act hostile toward the employee or allow yourself to be easily offended. Control the meeting, show utmost respect to the employee, but be firm in the reasons why there being reprimanded or fired.
  194. 194. 194 Workplace Violence Follow Up: Secure the workplace. Where appropriate to the business, install video surveillance, extra lighting, and alarm systems and minimize access by outsiders through identification badges, electronic keys, and security personnel.
  195. 195. 195 Prevention Tips: Learn how to recognize, detect, avoid, or diffuse potentially violent situations by attending personal safety training programs. Alert supervisors to any concerns about safety or security and report all incidents immediately in writing. Avoid traveling alone into unfamiliar locations or situations whenever possible.
  196. 196. 196 Workplace Violence Prevention Tips: • Nothing can guarantee that an employee will not become a victim of workplace violence. Even the best policies put into place to avoid such incidents, cant inoculate us from such behavior. However, it is hoped that the information and prevention tips outlined here can help greatly reduce the odds.
  197. 197. 197 What we dont want in the workplace:
  198. 198. 198 It is much better to release rather than to stress
  199. 199. 199 What We Do Want Is:
  200. 200. 200 The workplace objective: A violence free zone
  201. 201. 201 Assisting employees after a critical & traumatic event
  202. 202. 202 As a manager or supervisor, you play an important role in providing support to employees following a critical incident. During this time, your staff may experience a variety of changes in productivity and conduct. Employees will need emotional support and understanding, while you focus on maintaining stable work performance. How you respond to these demands is vital.
  203. 203. 203 ~ A Safe and Happy Workplace ~
  204. 204. 204 ~ A Safe and Happy Workplace ~ Employees matter. Employees are important. Know how to treat, develop, inspire, and respect your employees~
  205. 205. 205 Workplace Violence Thank you for attending today’s presentation on Workplace Violence in America Richard Garrity

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