Unexpected Violence in the Workplace – The New Reality! Raymond C. Ferrara, CPP, CFE, MBCI, CBM, M.S.Ed Objectives Raise awareness List prevention strategies Look at legal issues Identify documentation requirements. Convert your new expertise into action Statistics Approximately 2 million people in the United States are victims of workplace violence each year In an average week in United States workplaces, one employee is killed and at least 25 are seriously injured in violent assaults by current or former coworkers Workplace violence accounts for nearly 16% of all workrelated fatal occupational injuries. The Department of Labor’s Bureau of Labor Statistics lists homicide as one of the top four leading causes of death within the workplace Homicide is the 2nd leading cause of job-related deaths for women Statistics Approximately 68 percent of employers have written policies addressing workplace violence Approximately 79 percent of employers regulate and/or prevent weapons on company premises Workplace violence costs a lot more to worry about than attorney fees U.S. businesses about $4.2 billion annually American companies pay over 1,700,000 sick days annually due to lost time resulting directly from workplace violence Healthcare Stats The healthcare sector leads all other industries, with 45% of all nonfatal assaults against workers resulting in lost work days in the US. (BLS, 2006) In 2009 there were 2,050 assaults and violent acts reported by RNs requiring an average of 4 days away from work (BLS, Private Industry, State and Local Government, 2011) What is Workplace Violence? Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the work setting. According to the FBI, “WPV includes: Homicide, physical assault, domestic violence, stalking, threats, harassment, bullying, emotional abuse, intimidation, and other forms of conduct that create anxiety, fear, and a climate of distrust in the workplace. What is Workplace Violence? Cont’d… A workplace may be any location either permanent or temporary where an Associate performs any work-related duty. This includes, but is not limited to, the building and the surrounding perimeters, including the parking lots, field location, customers’ job sites, and traveling to and from work assignments. According to SHRM Workplace violence: Assaults and other violent acts or threats that occur in or are related to the workplace and entail a substantial risk of physical or emotional harm to individuals or damage to company resources or capabilities. Workplace violence may involve employees, clients and vendors of the affected organization as well as those who do not have a relationship with the organization but who may know the intended victims. Types of WPV and Preventative Strategies Type I: Violent acts by criminals who have no connection with the workplace, but enter to commit robbery or another crime Most Common Victims: Bank runs, second/third shift workers Preventative Strategies: Emphasis on physical security measures, special employer policies, and Associate training (Physical Security Assessment, camera, panic alarms, hold-up procedures) Types of WPV and Preventative Strategies Type II: Violence directed at Associates/employees by customers or vendors Most Common Victims: Counter sales, showroom consultants, and drivers Preventative Strategies: Policy, procedures, awareness training Types of WPV and Preventative Strategies Type III: Violence against coworkers, supervisors, or managers by a present or former associate/employee Most Common Victims: Any Associate/employee Preventative Strategies: Policy, procedures, training, assessment, behaviors observable Types of WPV and Preventative Strategies Type IV: Violence committed in the workplace by someone who does not work there, but has a personal relationship with an associate/employee Most Common Victims: An abusive spouse or domestic partner Any Associate/employee Preventative Strategies: Policy, procedures, training, security department awareness Other Types of WPV: Property-Directed Associate damaging company property or reputation Terroristic violence against a targeted company and its associates Gang-related violence Examples of WPV Making false, malicious or unfounded statements against coworkers, supervisors, or subordinates which tend to damage their reputations or undermine their authority Inappropriate remarks, such as making delusional statements Fascination with guns or other weapons, bringing weapons into the workplace Examples of WPV Verbal harassment; abusive or offensive language, gestures or other discourteous conduct towards supervisors, fellow Associates, or customers Disorderly conduct, such as shouting, throwing or pushing objects, punching walls, and slamming doors Examples of WPV Verbal threats to inflict bodily harm; including vague or covert threats Attempting to cause physical harm; striking, pushing and other aggressive physical acts against another person Actual Threats Do not minimize actual statements or threats made by the individual Take them at their word or action and respond appropriately. Contact your Human Resources or Security Department, if you have one. If serious, contact law enforcement immediately. Document the threat. Potential Results of WPV Workplace violence damages… Trust Community Sense of security Every Associate/employee has a right to feel safe and secure while on the job Violence in the Workplace Homicides Physical Assaults High Risk of Harm Verbal Threats Intimidation & Harassment Hassles & High Maintenance Low Risk of Harm Continuum of Workplace Violence Homicide Assaults Threats Verbal abuse Legal Duties and Obligations OSHA General Duty clause, Workers’ Comp and Civil Rights laws require: 1. The employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard. 2. Employers responsible for job-related injuries. 3. Protection from harassment, threats, and violence. Legal Duties and Obligations If NO action is taken to avert preventable violence, the victim may sue the employer under such claims as negligence, workers’ comp, and OSHA. Legal Duties and Obligations Zero Incidents Trumps Zero Tolerance But if action is taken to avert preventable violence, the accused may sue the employer for such claims as discrimination, invasion of privacy, false imprisonment, wrongful discharge, defamation. Interdisciplinary Response to WPV There needs to be written policies that address threats, violence, harassment, drug and alcohol use, and weapons. Physical Security Surveys Threat Assessment Teams (HR, Risk, Legal, Security Safety, Facilities Management) Outside resources (Operational Psychologists, Executive Protection Specialists) Trained Threat Management Teams Threat Assessment Evaluating Current Prevention and Intervention Practices Does your organization have protocols in place to manage workplace emergencies? Does your organization identify clear lines of workplace behavior? Does your workplace encourage employees to report circumstances of concern? Are employees aware and trained about policies or programs related to workplace violence? Evaluating Current Prevention and Intervention Practices Does your organization have the following: Anti-harassment and discrimination policy? Substance abuse policy? Code of business conduct/ethics policy? Electronic communication policy? Inspection policy establishing employer’s right to access employee’s workplace computer, desk, locker, other items and premises as may be necessary and appropriate during an investigation? WPV Threat Assessment Survey Recommendations for Workplace Violence Prevention Programs For a sample threat assessment survey, go to www.osha.gov/Publications/osha3153.pdf or www.osha.gov/Publications/osha3148.pdf Physical Security Assessment According to ASIS, a physical security risk assessment could include the following items: Documenting law enforcement, fire department and hospital locations and contact information. Documenting contacts for security staff in nearby facilities. Documenting other building tenants. Securing all building entrances after hours, and arming alarm systems. Physical Security Assessment Securing dock/shipping areas at all times. Making sure all entrances, parking lots and grounds are well-lit. Securing doors and windows so they cannot be easily opened or removed. Actively monitoring video cameras during business hours and ensuring that cameras cover all entrances, exits and parking areas. Physical Security Assessment Functioning adequate access control system Implementing commercial-grade security locks Doing an inventory of electronic key cards, to ensure they are returned by exiting employees, and deactivating cards immediately after workers leave the organization or lose their card Tracking and auditing employees’ keys Risk Factors and Early Warning Signs Moral righteousness (“I’ve been wronged”) Can’t (or won’t) take criticism; does nothing wrong Homicidal or suicidal comments or threats Holds a grudge, especially against management Expresses desperation over work or family Has history of violent behavior (on or off job) Fascinated with incidents of workplace violence Intimidating and/or harassing behavior More Risk Factors and Early Warning Signs Carrying or displaying work tools as weapons Threats of harm (direct or veiled) Paranoia (“They’re out to get me”) Excessive drug or alcohol use Experiencing legal problems Ignores co-worker safety Outbursts of anger What’s your “gut” telling you? Sample Threat Management Process Non-emergency Threat Risk Screening Fact finding verification Confirm the statements leading to the threat Current and former supervisors Background check refresh HR files Threat Risk Screening Motivating factors for the action or statements What was communicated – Hunter or Howler Violence interest, weapons, group affiliation Has the individual engaged in planning an act Conducted site surveillance, target harassing, breaching, stalking History of mental illness or substance abuse Threat Risk Screening Has the individual exhibited symptom: Paranoia, delusional ideas Extreme agitation Suicidal tendencies Acted out on beliefs Threat Risk Screening Does the individual blame others or exhibit a strong sense of entitlement, defensiveness, intolerance of others Is the individual experiencing strong life stressors Financial, divorce, custody disputes, loss of status, death in the family (human factors) Threat Risk Screening What is the individual’s known history Conflict Violence Criminal conduct (domestic or substance abuse) Threat Risk Screening Does the individual have critical emotional anchors (family) Has the individual expressed genuine remorse Has the individual responded positively to defusing efforts Has the individual engaged in problem solving and sought professional treatment Threat Assessment Knowledge Resources Lone Worker Safety “Someone who works by themselves without close or direct supervision.” “Lone working should carry no more risk than normal working, but managers must recognize that risks to lone workers are greater because there is a reduced level of immediate support available.” Lone Worker Safety Lone Worker Safety Situational Awareness: is the ability to identify, process, and comprehend the critical elements of information immediately confronting you. More simply, it’s knowing what is going on around you. Are you prepared to respond to these critical pieces of information? Lone Worker Safety Eliminate lone working if possible Implement control measures to reduce risk Train staff members in methods of safe lone working Monitor the situation to ensure the risk reduction methods work The Receptionist Identify and resolve security vulnerabilities in the front desk and reception area Develop procedures and policies to maintain a secure front desk area and facility Recognize at-risk and threatening behaviors of irate customers and visitors The Receptionist Identify common tactics that distract front desk personnel from dangerous, criminal actions De-escalate hostile individuals and manage hostile encounters Interact with aggressive customers and visitors Domestic Violence in the Workplace Harassing Phone calls Stalking Unauthorized entry Protective Orders No Trespassing notice Criminal records research Domestic Violence Active Shooter Myths & Realities Myths No one knew Never saw it coming He just snapped Realities Erratic or abnormal behavior is a warning sign of possible future violence. Warnings can be through comments, feelings, or thoughts. There are flags along the path to violence. 1986 Patrick Sherrill The Faces of Active Shooters 2012 James E. Holmes 2013 Aaron Alexis 2012 Adam Lanza 1966 Charles Whitman Killed 14 Killed 14 Wounded 6 Wounded 32 2003 Doug Williams Killed 12 Wounded 58 Killed 12 Wounded 8 2013 Christopher Dorner 2011 Killed 27 Wounded 2 2013 John Zawahri 1991 George Hennard Jared Lee Loughner Killed 6 Wounded 9 1999 Dylan Klebold Killed 4 Wounded 3 Killed 4 Injured 5 Killed 6 2007 Seung-Hui Cho Wounded 12 2009 Nidal Malik Hasan Wounded 20 2007 Robert A. Hawkins 2001 Eric Harris Killed 23 William D. Baker Killed 32 Killed 13 Wounded 32 Wounded 25 Killed 13 Killed 5 Killed 9 Wounded 21 Wounded 4 Wounded 4 Active Shooter Response Seek secure area Calm, reassure, and quiet others Report the incident Treat the injured Law enforcement response: Objective is to neutralize threat Evacuation Follow-up medical care, interview, counseling Investigation Active Shooter Training Run – Hide – Fight http://www.readyhoustontx.gov/videos.html Practical Advice Support victims of WPV and domestic violence Don’t punish them Adopt and practice fair and consistent disciplinary procedures for violators Build a workplace climate of trust and respect At the first sign of WPV, have your established protocol ready. CONTACT YOUR THREAT MANAGEMENT TEAM. If necessary, contact law enforcement. Understanding Employer Contributions to WPV Understaffing Poorly defined job responsibilities Downsizing and re-organization Poor labor-management relations Negative management styles Arbitrary orders, micro-managing, public reprimands, inconsistent discipline Inadequate security Lack of Associate counseling Lax safety standards – high injury rate Not addressing Associate grievances Hiring Practices 1. What your Risk/Human Resources Department can do to assist: 2. Pre-employment screening Review histories of drug or alcohol abuse Past work conflicts Criminal convictions What you should do: The Interview Defensive hostile attitude? Frequent job changes? Blames others for problems? Managers’ Responsibilities Demonstrate the workplace culture and climate Do not tolerate horseplay, bullying, intimidation, lack of trust Prevent high levels of stress, frustration, and anger Prevent poor communication Team approach for response Employees Should Understand: Policy and procedure Risk factors and warning signs Prevention and defusing techniques Cultural diversity Action and assistance plans Personal protection Medical care, counseling, workers’ comp, legal assistance, PTSD, Corporate Chaplain Program, EAP Buddy system, night escort Reporting and record keeping Employees Should Understand: A safe way to anonymously report a crime, or potential crime, without fear of reprisal Response Recommendations Remember the “Three R’s”: Red Flags Resources Recovery RRR Response Recommendations First “R”: Red Flags Recognize a potential problem for what it is – a potential problem! You don’t need to be a a work prevention expert to figure it out. That’s why you’ve got… Response Recommendations Second “R”: Resources “Who ya gonna call?” Human Resources Security Legal Employment Practices Employee Assistance Program Counselors Social Service agencies Law enforcement Response Recommendations Third “R”: Recovery Once we identify the problem (red flag) and consult with the right people (resources), it’s time to “fix it and make it better” (recovery). To Prevent WPV --- Go LOCO Go LOCO Listen to employees Observe employees Compare notes with colleagues Obtain help Now That We’ve Just Traveled Down the Road Leading to the Prevention of Workplace Violence… Let’s Revisit our Objectives 1. 2. 3. 4. Raised awareness Listed prevention strategies Looked at legal issues Identified documentation requirements NOW, it’s time for YOU to… Convert your new expertise into action! Resources http://peaceatwork.org/ http://www.workplaceviolence911.com/ https://www.osha.gov/SLTC/workplaceviolence/index.html Resources http://www.atapworldwide.org/ http://workplaceviolencenews.com/ Healthcare Resources http://www.cdc.gov/niosh/topics/violence/training_nurses.html http://nursingworld.org/workplaceviolence https://www.osha.gov/SLTC/healthcarefacilities/violence.html Healthcare Resources https://www.osha.gov/SLTC/etools/hospital/hazards/work placeviolence/viol.html https://www.asisonline.org/ http://www.iahss.org/ Why this is important Pelham, Alabama That’s It! Raymond C. Ferrara, CPP, CFE, MBCI, CBM, M.S.Ed