Preventing Violence in the Workplace National Crime Prevention Council 2007 A portion of this presentation is provided by Tom Carney North Miami Beach Police Department for the Florida Crime Prevention Association 16901 NE 19th Avenue North Miami, FL 33162 Business Health Services 1-800-765-EAPS www.bhsonline.com 2 National Crime Prevention Council Goal of This Presentation Participants will learn about workplace violence, including legal issues, prevention, intervention, and response. 3 National Crime Prevention Council Presentation Objectives Define workplace violence Review The Occupational Safety and Health Act of 1970 Discuss the primary elements of a workplace violence prevention program and policy Discuss pre-employment screening Learn about negligent hiring and retention 4 National Crime Prevention Council Presentation Objectives (continued) Identify the characteristics of employee disenchantment Review stalking and workplace violence Learn ways to prevent workplace violence during termination Discuss the elements of crime prevention through environmental design Examine the various aspects of physical security 5 National Crime Prevention Council It is estimated that nearly 25 percent of all workplace violence goes unreported. Source: Business Health Services 6 National Crime Prevention Council Definition of Workplace Violence Any act against an employee that creates a hostile work environment and negatively affects the employee, either physically or psychologically 7 National Crime Prevention Council Four Types of Workplace Violence The person who came to commit the crime • Has no relationship to the workplace • Is the recipient of a service • Has an employment relationship with a current or former employee • Has a personal relationship with a current or former employee Source: Workplace Violence: Issues in Response, U.S. DOJ, FBI 8 National Crime Prevention Council Why Be Concerned About Violence in the Workplace? It makes sound business sense Avoid exposure to litigation Safety of employees 9 National Crime Prevention Council Financial Impact of Workplace Violence on American Businesses Each year almost 1 million individuals become victims of violent crime while working. About 500,000 victims of violent crime in the workplace lose an estimated 1.8 million work days each year. The average cost to Amercian businesses each year is estimated to be $36 billion dollars. Source: Bureau of Justice Statistics 10 National Crime Prevention Council Legal Issues Involved in Workplace Violence Lawsuits Often lawsuits involve Negligent hiring Negligent retention Negligent supervision Inadequate security 11 National Crime Prevention Council Training Is the Key 12 National Crime Prevention Council The Occupational Safety and Health Act of 1970 13 National Crime Prevention Council OSHA Guidelines Not mandatory Implementation reduces citations for violations of the General Duty Clause 14 National Crime Prevention Council Management Commitment Toward Employees Zero-tolerance policy Allocate sufficient resources Develop a system of accountability Provide medical and psychological counseling Study trends and security measures Implement training and educational programs 15 National Crime Prevention Council Excerpt From the National Crime Prevention Council’s Workplace Violence Guidelines “The National Crime Prevention Council maintains a zero-tolerance policy …” “Violation of this policy may result in disciplinary action, up to and including termination from employment. Additionally, violations of this policy will also be reported to the appropriate authorities when warranted and therefore may be subject to civil and/or criminal charges or penalties.” 16 National Crime Prevention Council Excerpt From the National Crime Prevention Council’s Workplace Violence Guidelines (continued) “All NCPC associates should immediately report to management or Human Resources any threatening behavior that they witnessed, were subjected to, or of which they have knowledge. Human resources will investigate any suspected incident of violent or threatening behavior and take appropriate action. No associate shall be subject to retaliation or retribution of any kind for reporting a suspected incident of workplace violence.” 17 National Crime Prevention Council Primary Elements of an Effective Workplace Violence Prevention Program Planning Policies Training Physical Security 18 National Crime Prevention Council Basics of Planning Threat assessment team Assess current conditions Establish and implement policies Employee Assistance Program 19 National Crime Prevention Council Basics of Planning (continued) Develop a training program Prepare a crisis response plan Test and improve the program on a regular basis 20 National Crime Prevention Council Basics of Policy Periodic updates to policies Review by legal counsel and insurance carrier Review and update procedures to implement policies Training on Policies and Procedures Emphasize new and amended policies 21 National Crime Prevention Council Basics of Training Review workplace violence policies Implement and/or discuss your Employee Assistance Program Practice effective pre-employment screening methods Train management and employees 22 National Crime Prevention Council Basics of Training (continued) Effective termination and layoff practices Recognize and report potential workplace violence problems Review crisis response plan 23 National Crime Prevention Council Basics of Physical Security Conduct a threat assessment Incorporate Crime Prevention Through Environmental Design (CPTED) strategies 24 National Crime Prevention Council Pre-Employment Screening and Hiring 25 National Crime Prevention Council Pre-Employment Screening Check references Developed sources 26 National Crime Prevention Council Hiring and Retention Look for warning signs What is negligent hiring? What are foreseeable circumstances? What are propensities? 27 National Crime Prevention Council Hiring and Retention (continued) Current wisdom—give the barest of facts when contacted for job references versus “Affirmative duty” to disclose negative information 28 National Crime Prevention Council Factors Leading to Workplace Violence Employee Disenchantment Absenteeism Turnover Three Levels of Violence Aggressive Behavior 29 National Crime Prevention Council Employee Disenchantment Disenchanted employee is another term for disgruntled employee. This person may not be happy with his or her supervisor or with the job itself, or may be unhappy because of personal circumstances that have carried over to the workplace. A person who is disenchanted in the workplace could show the propensity toward workplace violence. 30 National Crime Prevention Council Employee Disenchantment (continued) Employee disenchantment can result from Confusion Lack of trust Office politics Meaningless job Employee not knowing if he or she is succeeding in his or her job performance Boss takes credit for employee’s work 31 National Crime Prevention Council Absenteeism Reasons for chronic absenteeism include Conflict with management style Working conditions Employees’ relationships with one another Personal problems 75% of all absenteeism is relationship-based 32 National Crime Prevention Council The Three Levels of Violence 33 National Crime Prevention Council Levels of Violence: Level One The employee Refuses to cooperate with immediate supervisor Spreads rumors and gossip Consistently argues with co-workers or management Is belligerent toward customers Swears at others Makes unwanted sexual comments 34 National Crime Prevention Council Levels of Violence: Level Two The employee Refuses to obey company policy Sabotages equipment and steals property Verbalizes wishes to hurt co-worker(s) or management Writes sexually violent notes Sees self as victimized by management 35 National Crime Prevention Council Levels of Violence: Level Three The employee Has suicidal thoughts Has physical fights on the job Uses weapons Commits violent acts/crimes 36 National Crime Prevention Council Aggressive Behavior in the Workplace 37 National Crime Prevention Council Aggressive Workplace Behavior Involves Fear Intimidation Alarm Emotional Distress Anger Capitulation Punishment Anxiety 38 National Crime Prevention Council Examples of Aggressive Workplace Behavior Include Harassment (telephone, written, face-to-face) Stalking Threats Inappropriate communications Trespassing or returning to the workplace after being told to leave 39 National Crime Prevention Council Examples of Aggressive Workplace Behavior (continued) Occupying or entering victim’s dwelling and/or vehicle Falsely impersonating with an intent to harass Making unwanted purchases in the victim’s name 40 National Crime Prevention Council How to Handle a Potentially Violent Situation 41 National Crime Prevention Council Handling Violent Situations Familiarize yourself with your company’s policies and emergency procedures Report any physical or verbal threats Never touch the violent person Use a calm, nonconfrontational approach Take all threats seriously Familiarize yourself with the resources available Seek immediate assistance if the situation escalates 42 National Crime Prevention Council If It’s an Emergency Situation Call 911 and building security personnel if you have them Make sure to make the call using a phone that is out of the sight and hearing of the violent person If you can, stay on the line until the police arrive Do not intervene physically Get yourself and others to a safe place as soon as possible 43 National Crime Prevention Council Examples of Violence in the Workplace Domestic Violence, Stalking, and Workplace Violence 44 National Crime Prevention Council Domestic Violence is emotional abuse, physical abuse, or sexual abuse between people who have, at some time, had an intimate or family relationship. Source: www.findcounseling.com 45 National Crime Prevention Council Domestic Violence Examples of Emotional Abuse Emotional abuse is when an abuser Continuously criticizes, calls names, or shouts Insults or drives friends or family away Humiliates a person in private or public Keeps a person from working, controls the money, or makes all the decisions Refuses to work or to share money Takes the car keys or money Regularly threatens to leave or tells a person to leave Threatens to kidnap the children when angry Manipulates with lies and contradictions 46 National Crime Prevention Council Domestic Violence Examples of Physical Abuse Physical abuse is when an abuser Pushes, shoves, kicks, or chokes Holds a person down to keep them from leaving Hits, slaps, or bites Throws objects Locks a person out of the house Abandons a person in dangerous places Refuses to help when a person is sick, injured, or pregnant Forces a person off the road or drives recklessly Threatens to hurt a person with a weapon 47 National Crime Prevention Council Domestic Violence Examples of Sexual Abuse Sexual abuse is when an abuser Minimizes the importance of a person’s feelings about sex Criticizes a person sexually Insists on unwanted or uncomfortable touching Withholds sex and affection Forces sex after physical abuse or when a person is sick Rapes a person Is jealously angry, assumes a person will have sex with anyone Insists that a person dresses in a more sexual way than they want to 48 National Crime Prevention Council Stalking There are two broad categories of stalking. Unwanted pursuit by a stranger Unwanted pursuit by someone the victim knows 49 National Crime Prevention Council Signs of Possible Victimization Frequent or unplanned leave Change in job performance Unexplained bruises or injuries Sudden change of address Depression 50 Eating disorders Self neglect Panic attacks Anxiety Drug and alcohol dependence National Crime Prevention Council Employer Reaction and Support Confirmation that the threat exists Foster a supportive workplace climate Thoughtfully encourage co-worker disclosure Staff training 51 National Crime Prevention Council Employer Reaction and Support (continued) Evaluate the threat Create an intervention plan Notify and involve law enforcement Keep in close contact with the victim 52 National Crime Prevention Council Employer Reaction and Support (continued) Make referrals Learn whether court orders have been obtained Allow for time off for victim Review and modify work spaces Be mindful of privacy Notify other employees as appropriate 53 National Crime Prevention Council Employee Assistance Program Services Can provide information on traumatic events to the employer and its employees Can provide counseling services to victim Can assist in analyzing the situation and developing strategies 54 National Crime Prevention Council Ways to Prevent Workplace Violence When Terminating an Employee 55 National Crime Prevention Council Performance Appraisals Always give honest and direct performance measurements Explain, discuss, and document poor performance Provide training to strengthen problem areas 56 National Crime Prevention Council Unsatisfactory Performance Address unsatisfactory performance as it occurs Be honest Choose retraining and internal placement if possible 57 National Crime Prevention Council During the Termination Process Carefully review the employee’s personnel background. There is rarely a good time to be let go. 58 National Crime Prevention Council During the Termination Process Prepare and Plan Who will conduct the exit interview? Who should witness the meeting? How will the remaining staff be told? What about the employee’s personal possessions? Will anyone in the company react emotionally? Will there be an extra workload? 59 National Crime Prevention Council During the Termination Meeting Provide a written script Role play beforehand Keep it brief 60 National Crime Prevention Council During the Termination Meeting (continued) Design and choose a specific place Do not use your office Consider Closed Circuit Television (CCTV) and a panic button Have an exit predetermined Ensure security is available if necessary 61 National Crime Prevention Council After the Termination Meeting Collect keys Severance pay Continue medical benefits and other assistance programs Separation agreement Be respectful in front of other employees 62 National Crime Prevention Council After the Termination Meeting (continued) Allow employee to retrieve personal effects Answer follow-up questions promptly Resist the urge to return threats Offer support; disarm anger by listening and showing empathy 63 National Crime Prevention Council Safety Tips in the Workplace 64 National Crime Prevention Council Safety Tips in the Workplace Keep your purse, wallet, keys, or other valuables with you at all times or locked in a drawer or closet. Check the identity of any strangers who are in your office. Don’t stay late if you’ll be alone in the office. Report any broken or flickering lights, dimly lit corridors, broken windows, and doors that don’t lock properly. 65 National Crime Prevention Council Safety Tips in the Workplace (continued) If you notice signs of potential violence in a fellow employee, report this to the appropriate person. Immediately report any incidents of sexual harassment to your supervisor and/or human resources department. If the company does not supply an emergency kit, keep your own emergency supplies. Avoid using out-of-the-way corridors and stairwells when you’re alone. 66 National Crime Prevention Council Physical Security 67 National Crime Prevention Council Physical Security Exterior Access Control Property border Parking lot Entrance doors Gates, fencing, guards, CCTV, alarm system 68 National Crime Prevention Council Physical Security (continued) Interior Access Control Main entrance Main lobby High security areas Locked doors, enclosed counters, bulletproof glass, CCTV, guards, cash handling procedures, etc. 69 National Crime Prevention Council Physical Security (continued) Be Prepared Emergency plan(s) Code word(s) Safe rooms Electronic door access card Key control Unmarked parking spaces 70 National Crime Prevention Council Preventing Violence in the Workplace: For Businesses Crime Prevention Through Environmental Design (CPTED) 71 National Crime Prevention Council CPTED: Access Control A space should give some natural indication of where people are and are not allowed to go. Don’t just depend on locks and guards. Make security part of the layout. 72 National Crime Prevention Council An Example of Access Control 73 National Crime Prevention Council CPTED: Natural Surveillance Criminals don’t want to be seen. Placing physical features, activities, and people in ways that maximize the ability to see what’s going on, discourages crime. 74 National Crime Prevention Council An Example of Natural Surveillance 75 National Crime Prevention Council CPTED: Territorial Reinforcement People protect territory they feel is their own and respect others’ territory. Fences, pavement treatments, art, signs, good maintenance, and landscaping are some physical ways to express ownership. 76 National Crime Prevention Council An Example of Territorial Reinforcement 77 National Crime Prevention Council CPTED: Activity Support Encouraging legitimate activity in public spaces helps discourage crime. Outside lunch areas or places to relax during breaks provide visible deterrents to potential criminals and support territoriality by employees. 78 National Crime Prevention Council An Example of Activity Support 79 National Crime Prevention Council CPTED: Maintenance Proper maintenance of landscaping, lighting treatment, and other features can facilitate the principles of CPTED. 80 National Crime Prevention Council An Example of Maintenance 81 National Crime Prevention Council Questions or Comments? 82 National Crime Prevention Council Resources 83 National Crime Prevention Council Resources: Websites Occupational Safety and Health Act www.osha.gov Workplace Solutions www.wps.org National Center for Victims of Crime www.ncvc.org Free Management Library www.managementhelp.org/emp_well/violence.htm 84 National Crime Prevention Council Resources: Documents Workplace Violence Prevention and Response Guidelines, ASIS International, September 2005 www.asisonline.org/guidelines/guidelineswpvfinal.pdf USDA Handbook on Workplace Violence Prevention and Response, U.S. Department of Agriculture, 1998 www.usda.gov/news/pubs/violence/wpv.htm Workplace Violence Issues in Response, National Center for the Analysis of Violent Crime, Critical Incident Response Group, Federal Bureau of Investigation, 2002 www.fbi.gov/publications/violence.pdf 85 National Crime Prevention Council Resources: Publications Office of Personnel Management, Dealing with Workplace Violence, A Guide for Agency Planners, February 1998. Defense Personnel Security Research Center, Private Sector Liaison Committee of the International Association of Chiefs of Police, Combating Workplace Violence, Guidelines for Employees and Law Enforcement, July 1994. Kenneth Wolf et al, Helping the Employee Recover From the Trauma of Workplace Violence, EAP Digest, March 4, 1994. Department of the Air Force, Violence in the Workplace Intervention Handbook, December 1995. 86 National Crime Prevention Council The National Crime Prevention Council 2345 Crystal Drive Fifth Floor Arlington, VA 22202 202-466-6272 FAX 202-296-1356 www.ncpc.org Used with permission from Tom Carney, North Miami Beach Police Department and Business Health Services 87 National Crime Prevention Council Presenter Contact Information 88 National Crime Prevention Council