This document provides information on workplace violence prevention and domestic violence. It defines workplace violence and discusses how domestic violence can impact the workplace. Statistics are presented showing domestic violence costs businesses billions annually due to issues like absenteeism and decreased productivity. The document outlines OSHA guidelines for preventing workplace violence and discusses an employer's legal responsibilities to provide a safe work environment. It emphasizes that violence is often predictable and stresses the importance of management being prepared through policies, training and providing resources to help victims of domestic violence.
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Workplace Safety Preventing Violence
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. 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.
4. 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
5. Definition Cont’d
♦ This includes, but is not limited to, the
buildings, the campus, vehicles and any
area under the supervision of the entity.
6. 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
7. Types of Workplace Violence
Violence by:
- Strangers
- Co-Workers
- Personal Relations
8. Categories and Analyses of Threats
♦ Threat from strangers
♦ Threat from business associates
♦ Threat from co-workers
♦ Threat from domestic relations
9. Understanding The Problem
Domestic Violence in MD
♦ Domestic violence related crimes
♦ Every 5 days
♦ 1 in 4 women
Will it effect the workplace?
10. Understanding The Problem
♦ 26, 544 women
♦ One-fourth, or 6,636 women
♦ 6000 state employees
Will it effect the workplace?
11. Domestic Violence Overview
♦ Clarifying what domestic violence is:
♦ And what domestic violence is not:
It is exerted through physical, psychological
and/or economic means.
12. “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.
13. 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
14. 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
15. 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.
16. 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.
17. 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
18. 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
19. 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
22. 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
23. Remember
“In an abnormal situation, it is
normal to respond in abnormal
ways!”
Victor Frankl
Concentration Camp Survivor
24.
25. 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!
26. Abuse And The Excuse
♦ Mental illness
♦ Loss of control
♦ Anger problem
♦ Alcohol/substance abuse
27. 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
28. 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
29.
30. 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
31. 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
32. 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
33. 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?
34.
35. 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
36. 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
37. 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 $
38. 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
39. 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
40. 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
42. 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
43. 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
44. 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)
48. 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.
49. 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.
51. Polaroid
♦ 63 years
♦ Close Knit Community
♦ Disgruntled Worker
♦ Multiple Injuries
♦ History of domestic violence
♦ Numerous run-ins with management
52. 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?
53. Polaroid
How do you think the court ruled?
What did Polaroid learn?
What changes did they make?
54. 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
55. 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.
56. 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?
57. 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.
58. Preparation
As anger goes up the ability to think
declines.
The companies grievance procedure tells the
perpetrator who to deal with.
59. Preparation
It is very important to remember that
violence does not just happen.
Individuals perpetuating workplace violence
want validation not help!
60. 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).
61. 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?
62. 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
63. Liability
♦ Failure to act after proper notice
♦ Failure to warn an identifiable victim
Premise Liability
♦ General duty
♦ Reasonable steps
64. 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
65. 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
67. 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
68. OSHA Guidelines
Based on OSHA’s Safety and Health
Program Management Guidelines
published in 1989
69. 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
70. OSHA General Duty Clause (cont’d)
OSHA will rely on Section 5 (a)(1) of the
OSH Act for enforcement authority
71. 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.
72. 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
73. 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
75. 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.
76. Workplace Violence
Prevention Program Elements
♦Management Commitment and
Employee Involvement
♦Training and Education
♦Recordkeeping and Evaluation
of Program
77. 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
78. 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
79. 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
80. 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…..
81. 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.
82. 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.
83. 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
84. 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
85. Signs an Employee is Being
Abused
♦ Repeated physical injuries
♦ Isolation
♦ Emotional distress
♦ Despondence or Depression
♦ Distraction
♦ Personal phone calls
♦ Absenteeism
86. Signs of abuse
♦ Makeup
♦ Clothing
♦ Court Appearances
♦ Change of address
♦ Non-participation
87. Assessing the Situation: Possible
Pre-Indicator Red Flags
♦ Status of relationship
♦ Order of protection
♦ Arrest
♦ Alcohol/Drug
♦ Victim’s fear
♦ Weapons
♦ Suicide/Homicide
88. Red Flags
♦ Children
♦ Symbolic violence
♦ Threats
♦ Strangulation
♦ Access
♦ Past physical violence
♦ Past relationship history
♦ Abuser’s personal situation
89. 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
90. 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
91. 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
92. 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
93. Supervising a Perpetrator of
Domestic Violence
♦ Self disclosure
♦ Joking, harassing phone calls/faxes or
emails; threatening physical violence
94. 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
95. 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”
96. 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
97. 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
98. 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
99. 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
100. 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
101. Security Responses/Options
♦ Quick identification and reporting
♦ Clear instructions
♦ Lock doors
♦ Check-in
♦ Isolate public access areas
♦ Security guards
♦ Safe room
♦ Electronic access control
102. Security Responses
♦ Local law enforcement
♦ Protocols
♦ Alert law enforcement
♦ Information flow
♦ Pre-arranged code
♦ Coordinated response plan
105. Training and Education
♦ Ensure that all staff
Workplace
Violence
Program
are aware of
potential security
hazards and ways
of protecting
themselves
107. 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
108. 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
109. Setting up Your Policy
9.
10.
11.
12.
13.
14.
15.
16.
Notification
Defamation
Commitment
Invasion of privacy
Consultations
Increased security
Security
Employment decisions
110. Setting up Your Policy
17. Guidelines
18. Documentation
19. Making Contacts
111. 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
112. 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
113. 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
114. Sources of Assistance
♦ OSHA Consultation Program
♦ OSHA Internet Site www.osha.gov
♦ NIOSH
♦ Public Safety Officials
♦ Trade Associations
♦ Unions and Insurers
♦ Human Resource and Employee
Assistance Professionals
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?
Why?
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
I HOPE YOU CAN SEE DV IS ABSOLUTELY RELEVANT TO PARENTAL FITNESS
QUESTIONS
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
Warn
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.
DO SCENARIO’S AS TIME PERMITS
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
PLAIN & SIMPLE
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