Violence in the Workplace

1
Violence in the Workplace

• Charles S. Plumb William H.
  Spitler
• cplumb_at_dsda.com
  wspitler_at_dsda.com
• Doerner, Saunders, Daniel and Anderson, L.L.P.

320 S. Boston Avenue Suite 500 Tulsa, Oklahoma
74103 [phone]
One Leadership Square 211 North Robinson, Suite
501 Oklahoma City, Oklahoma 73102 [phone]
2
What is Happening in the Workplace

• The frequency and severity of violence occurring
  in the workplace are escalating.
• The most common violent workplace crime is
  assault.
• Nearly 1,000 homicides occur in the workplace
  annually.
• Homicide is the 1 cause of workplace deaths for
  females and the 2 cause of workplace deaths for
  males.
• For nonfatal violence at work, 40 of the victims
  knew the perpetrator.

3
Most Frequently Cited Causes of Workplace Violence

• Personality Conflicts 62
• Work Related Stress 27
• Family/Marital Problems 27
• Emotional Problems/Mental Illness 25
• Firings 16
• Drug and Alcohol Abuse 16

4
What is an Employers Potential Liability?

• Acts of violence committed by Employees and
  directed at Non-employees.
• Acts of violence committed by a Non-employee and
  directed at an Employee.
• Acts of violence committed by an Employee and
  directed at a Co-employee.

5
Potential Employer Liability

• Workers Compensation
• Occupational Safety and Health Act (OSHA)
• Negligence

6
Potential Employer Liability (cont.)

• Negligent Hiring, Supervision or Retention.
• What kind of background check was conducted?
• Were there any earlier charges or complaints
  brought to the employers attention?
• Did the employer take reasonable steps to prevent
  a workplace confrontation?
• Respondeat Superior
• Harassment (sexual or otherwise)

7
Assessing and Preventing Violence in the Workplace

• Prehire Procedure.
• Preview applications and resumés for
  inconsistencies.
• Check professional and personal references and
• Conduct a personal interview.
• Consider conducting background checks.
• Advise all applicants their employment will be
  conditioned upon successfully passing a drug and
  alcohol test.

8
Assessing and Preventing Violence in the
Workplace (cont.)

• Workplace Violence Policy
• A zero-tolerance workplace violence policy.
• The policy should apply to all people present on
  the premises.
• The policy must ban all weapons from the
  employers premises.
• Violation of the policy including a failure to
  report acts of violence and potential violence -
  may lead to discipline, up to and including
  termination.

9
Assessing and Preventing Violence in the
Workplace (cont.)

• Harassment Policy
• A policy absolutely prohibiting any forms of
  harassment sexual or otherwise.
• Violation of the policy may be ground for
  discipline.

10
Assessing and Preventing Violence in the
Workplace (cont.)

• Search and Surveillance Policy
• Employees and other people on your premises that
  they, their belongings, work areas, vehicles and
  the like are subject to search and surveillance.
• A deterrent for bringing items into the workplace
  which increase the chances of violence.
• A mechanism to address and defuse the potential
  for violence.

11
Assessing and Preventing Violence in the
Workplace (cont.)

• E-mail and Internet Usage Policy
• Any information received, transmitted and/or
  stored is the property of the employer.
• Employees should have no expectation of privacy.
• The employer will be monitoring and retrieving
  electronic communication.
• Any objectionable usage including offensive or
  threatening is prohibited and may result in
  discipline.
• Employee Assistance Programs (EAP)
• The availability of professional counseling
  service through an EAP.

12
Assessing and Preventing Violence in the
Workplace (cont.)

• Assessment of Your Facilities Safety and
  Security
• A review of the worksites to assess the potential
  for violence.
• Identify possible measures to limit such
  potential.
• Conducted by employees familiar with your
  facilities.
• Security consultants.
• Local law enforcement agencies.
• A physical inspection of your facilities by the
  violence assessment team is essential.

13
Assessing and Preventing Violence in the
Workplace (cont.)

• Employee Awareness
• Educate employees regarding the issues of
  workplace violence and related policies.
• Review with the workforce an employers violence,
  harassment and search/surveillance policies.
• Encourage the timely reporting of real and
  potential acts of violence or harassment.
• Solicit from your workforce rank and file
  concerns or suggestions regarding workplace
  violence.
• Remind employees of the availability of EAP
  counseling resources.

14
Assessing and Preventing Violence in the
Workplace (cont.)

• Supervisory training.
• Teach supervisors to watch for warning signs of
  potential acts of violence.
• An extensive review of the violence-related
  policies, particularly the supervisors role in
  identifying potential acts of violence and
  responding to reports of violence or harassment.

15
Some Closing Thoughts

• Recognize some situations have an increased risk
  of workplace violence.
• Have a mandatory vacation policy and enforce it.
• Maintain a process for employees to vent and
  complain identify particular flashpoints before
  they erupt.
• Develop an ongoing relationship with an EAP
  provider and be proactive in making it available
  to employees.
• Prepare this means increasing employee
  awareness, holding supervisory training and
  conducting assessment of your workplace for
  violence potential and measure to limit violence.