Workplace Violence Prevention Toolkit Business Management Daily

Workplace Violence Prevention Toolkit

HR advice, guidelines and policies
to keep your workplace safe

Special Report from www.BusinessManagementDaily.com

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Special thanks to the employment law firm of Ogletree Deakins and its Director of
Client Training Dennis A. Davis, who generously contributed to this toolkit. With offices
in 35 cities, Ogletree Deakins’ Labor and Employment Practice provides counsel to
management in every area of labor and employment law. Learn more about Ogletree
Deakins at www.ogletreedeakins.com.

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Preventing workplace violence

in 5 steps
An effective workplace violence prevention program starts with employee screening and
ends with publicizing a tough anti-violence policy, according to Dennis A. Davis, a
former police SWAT team liaison who now directs client training for the employment
law firm Ogletree Deakins.
Davis says tough economic times could be a catalyst for violence—violence that could
erupt at work. There’s never been a better time to implement a workplace violence
prevention plan with these five elements:

1. Screen applicants
“Your best chance to avoid workplace violence is to avoid letting in a violent person in
the first place,” Davis says.
Ask all applicants for personal as well as professional references. Insist on a face-to-face
interview so managers can gauge an applicant’s temperament. Ask everyone who comes
in contact with the applicant about their impressions.
Then trust your gut. Does this person seem stable?

2. Craft a tough anti-violence policy

You need a policy that stands on its own—not part of some other general policy on
professional behavior or misuse of office equipment. That sends the signal that you’re
serious about preventing workplace violence.
“Most people will go along with your expectations if you’re clear about them,” Davis
says. Having a written policy does that.
Make sure it states you have zero tolerance for any kind of violence—and threats of
violence. You can even expand it to cover off-duty threats that might spill back into the
workplace later. Prohibit weapons on your premises. Require employees to read the
policy and sign a receipt. Ask your vendors to read and enforce the policy when their
employees are on your premises or work site.

3. Establish a crisis management team

A crisis management team consists of six to eight people who function as coaches before
violence erupts and incident managers if it does. Include staffers from the HR, legal and
security functions. There should be a representative from senior management and your
employee assistance program if you have one.
The team should track complaints of violent or intimidating employee behavior. That can
help identify potentially violent employees before they become physically dangerous.

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The crisis management team also functions as your liaison to the police if an incident
occurs.
4. Train front-line supervisors and greeters
“These people are your eyes and ears, your early warning system,” says Davis. They’ll
probably know if someone is about to become violent long before anyone else does.
Instruct supervisors to report every incident. Train receptionists and security how to read
aggressive body language and how to use verbal skills to defuse dangerous situations.
Tell everyone to call 911 if they are in danger or believe a situation is about to become
violent.

5. Publicize your anti-violence program

Use meetings, newsletters, email and the intranet to get the word out that your
organization has a zero-tolerance policy on workplace violence. Be sure everyone knows
how to contact the crisis management team and when to call 911.

8 warning signs of violent

employee behavior
When violence occurs at work, employees may say their violent co-worker “just
snapped.” But, the truth is, people usually don’t snap. They display warning signs long
before they actually act out. The key is to talk to employees early in this “pre-violence”
stage to offer assistance and let them know their behaviors are unacceptable.
Be on the lookout for workers who display any of these eight warning signs of violent
behavior, according to Davis:
1. Fascination with weapons. That’s different than ownership of weapons. (Think
Robert De Niro in Taxi Driver.)
2. Substance abuse. Research shows a big correlation between substance abuse and
violence.
3. Severe stress. Stress is a function of modern society, but people with a propensity
toward violence allow that stress to become an excuse for violence.
4. Violent history. “Once people cross that moral, ethical or professional barrier into
violence,” Davis says, “it’s a lot easier for them to do it the next time.”
5. Decreased or inconsistent productivity. Employees with a tendency toward violence
have a harder time keeping a consistent level of productivity.
6. Social isolation and poor peer relationships. Loners are more likely to act violently
because they don’t have a social network to work out problems.

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7. Poor personal hygiene. These people have moved into the dangerous “I don’t care”
phase.
8. Drastic changes in personality. It’s a myth that you need to watch out for ultra-shy or
ultra-outgoing employees. Davis says, “You need to pay attention to the person who flip-
flops between the two.”

3 keys to managing the aftermath of

workplace violence
by Dennis A. Davis, Ph.D., Ogletree
Deakins Checklist: If violence erupts
Increasingly, companies have to deal Follow this checklist of basic steps
with violence and tragedy in the to help manage the aftermath of a
workplace. In today's work
traumatic situation:
environment, employees are
experiencing trauma at alarming rates. o Remove all employees, customers
These incidents of trauma are most and clients from further harm.
widely known as critical incidents.
o Contact local law enforcement.
Since people experience trauma in
many different ways, critical incidents o Arrange for emergency medical
can be tricky to define. Generally, a care.
critical incident is any violent or o Schedule debriefings as soon as
traumatic event that is far out of the the threat is removed.
norm for an individual or organization
and that is beyond usual occurrence on o Refer employees to EAP/insurance
the job, such as death threats, arson, programs.
suicide, rape, assault with a deadly
o Renew commitment to established
weapon or murder. Critical incidents
overwhelm the normal coping resources security measures.
of the employees. o Have management agree on what
Most companies believe “It will never information is appropriate for
happen to us,” but it can and— general release.
unfortunately—it does. o Present spokesperson as contact to
A critical incident can have far reaching local media.
ramifications for any organization.
o Touch base with personnel several
Some critical incidents cause major
injuries or even death to those involved. days after debriefing to
Often, employees who were not around communicate concern.
when the incident occurred experience

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just as much trauma as those who were present. Some incidents also attract unwanted
media attention and scrutiny to the impacted organization.
Critical incidents can vary in intensity and severity. They can involve one person or
many. Most critical incidents occurring in the workplace, however, have several resulting
elements in common:
 An increase in absenteeism
 An increase in employee turnover
 Loss of productivity
 Business interruptions
 Increased workers’ compensation claims
 Increased insurance premium rates.
However, those results can be influenced. With proper crisis management methods and
post-incident intervention, an organization can recover from and decrease the negative
fallout from an incident.
The following is a basic step-by-step crisis management guide to help you and your
organization get back on track after a critical incident.

Security: Out of harm’s way

First and foremost, be certain that all employees, customers, clients and visitors have
been removed from harm's way. Make sure that local law enforcement has been informed
of the incident. Provide emergency medical care for any injured parties.
If a threat remains, keep all personnel away from the site until it has been cleared by
security or police.
If the incident involves a threat of bodily harm, increase the visibility of security. If your
organization has a security department, increase the number of “rounds” or “walk-
throughs.” If your company does not have a security department, consider bringing in an
outside security firm. Very few things can decrease employee productivity and customer
confidence as much as the perception of being unsafe. Contrary to popular belief,
increased security helps employees and customers feel safe.
Finally, make sure that your security director or a designee maintains contact with local
law enforcement in cases where there is criminal prosecution. Knowing where a suspect
or perpetrator is in the justice system can serve to dissipate fear.
After an incident occurs, it is imperative to reinforce security precautions with all
personnel. Frequently, an organization has adequate physical/site security, but the
measures have been disregarded or disabled by employees—usually as a corner-cutting
convenience. Some examples: The locked security door that is propped open with a chair
while an employee goes to smoke a cigarette, and the receptionist who buzzes in an
employee even though he doesn’t have his identification, because he looks familiar.
With the heightened awareness following a critical incident, your personnel will be more
likely to hear and heed your warnings against these types of security breaches.

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Human resources: Critical incident response debriefings

As soon after the removal of the threat as possible, your HR director should schedule
Critical Incident Stress Debriefings (CISD). CISDs are extremely important to the
recovery of an organization following a critical incident.
They are not therapy sessions, but rather “psycho-educational” meetings. The intent is to
educate employees on what to expect as a result of the trauma. There are three main
phases of a CISD:
1. Information. This is where the employees are given as much information about the
incident as possible. This helps to decrease the number of rumors and myths that follow
many traumatic incidents.
2. Venting and validation. During this phase of the CISD, the participants are
encouraged to share their fears, concerns and other feelings. Once these emotions are
expressed, they are validated. This serves to reduce anxiety in an organization and
minimize the need to talk about the incident when employees should be working.
3. Prediction and preparation. During this final CISD phase, the facilitator helps the
employees understand what to expect next. Example: Who will be questioned during the
police investigation?
Research has suggested that a CISD following a critical/traumatic incident can drastically
reduce the negative impact on employees.
Make sure attendance at the debriefings is voluntary, but encourage all employees to
attend. It is generally a good idea to have separate debriefings for management and
nonmanagement staff, especially if the critical incident in any way involved an issue
between management and the workforce.
During the management debriefing, be sure to make it clear to all managers exactly what
information is to be released to the workforce.
It has been found that the most successful CISDs are those that take place within 72 hours
of an incident. This is partly because this short period of time does not allow
inappropriate coping strategies to set in permanently. If no one in your organization is
qualified to conduct a debriefing, your local mental health association can refer a
facilitator to you.
After the debriefing, be ready to discuss your company’s employee assistance program
(EAP), as well as insurance benefits that may cover counseling. CISDs are meant to fill
an employee’s need for immediate, short-term counseling; however, some of your
personnel may have a more difficult time dealing with the incident and may feel
uncomfortable in the CISD setting. In these instances, additional outside counseling may
be required.
Allow only a limited amount of venting with you directly. Once you become the support
system to the employee, it is hard to change roles. Politely remind them of the counseling
services available through your EAP or insurance program. If your company does not
have an EAP or your insurance carrier does not include a therapy allowance, make sure
you are familiar with counseling centers and social service agencies in your area. Be
prepared to refer to these agencies and have the agency names and numbers available.

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Have your HR director touch base with your employees about two to three days after the
debriefing. An increased presence lets the employees know that the company cares, and
this is a big concern for many.

Public relations: Manage the message

One of the most difficult invasions for most people is to have a microphone thrust in their
face and asked to be instantly prophetic (coherent, intelligible, informed, etc.) following a
critical incident. Don’t allow any of your employees to be put in this situation.
If there is ever an incident in your organization that is of such magnitude that it generates
media interest, it is essential that a company spokesperson be designated. If you have not
already designated this person, do so immediately, before an incident can occur.
Make sure this designee is accessible to the media and well informed. It helps if he or she
has already established credibility with your local media. Remember, a proactive
approach with the media often allows you to convey the appropriate message you want
the public to hear.

Implementing a workplace
violence and weapons policy
Often it is an employee or ex-employee
By the numbers who turns violent. The Society for Human
One in six violent crimes occurs Resource Management reports that 57% of
at work: all workplace violence is directed against
fellow employees by a co-worker, and
 7% of all rapes 17% is an employee against a supervisor.
 8% of all robberies Six percent of the attackers are customers;
 16% of all assaults 4% are boyfriends or girlfriends of
employees; 3% are spouses of employees.
Sources: Department of Justice, Bureau of Justice In many cases, at least some co-workers
Statistics, Bureau of Labor Statistics,
Centers for Disease Control
knew that the person might turn violent.
Still, you can’t predict the behavior of
your employees, clients and all their friends and relatives. You can’t anticipate or plan for
every possible danger. But the law dictates that you, as the employer, have a “duty of
care” to keep all individuals in your workplace safe from dangers you can reasonably
anticipate, both from inside and outside forces. To do that, you need to evaluate potential
dangers and formulate an appropriate action plan.
Weapons in the workplace present an obvious potential for violence. Aside from allowing
designated, trained security personnel to carry them, you should explicitly ban weapons
from the premises. Even in the case of security staff, carefully weigh the risks posed by
the mere presence of their weapons against the potential for them to protect others from

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harm. Some organizations leave no room for doubt by listing categories of prohibited
weapons.

Policy considerations
To reduce the chance of workplace violence—or your liability if it does happen—
establish a program that covers the following:
 Ban weapons, and have a zero-tolerance policy regarding threats in the
workplace.
 Screen carefully by checking references and doing criminal background checks.
 Train supervisors to recognize personality changes and warning signs.
 Defuse disputes. Establish a mediation program to resolve employee disputes
rather than letting them simmer.
 Evaluate your security system at least once a year. Consider whether you might
need silent alarms, ID keys, cameras or even an armed guard.
 Make it a policy that any restraining orders involving employees must be
reported to management, and include this in your employee handbook.
 Train front-line employees. Receptionists and front-desk clerks should be on the
lookout for unusual or unsettling encounters, and have clear instructions on how
to handle and report them to minimize risk to themselves and others. Every
employee should be instructed as to when and how to contact the police.
 Establish procedures for employees to report threats or other violent behavior.
Offer several avenues for reporting: supervisors, security personnel, human
resources, or if there’s imminent danger, everyone nearby.
 Document any threats and your response to them. Your zero-tolerance policy
should dictate dismissal of an employee who makes a threat. If it’s a worker’s
relative or friend who’s being disruptive and dangerous, you are within your legal
rights to terminate the employee, provided you give adequate warning.
 Caution: When an ADA-related disability is involved, you must generally
tolerate a certain level of disability-caused conduct, but you do not have to
tolerate direct, violent threats to the health or safety of others in your workplace.
 Assess how your company handles stress-inducing events. For example, what is
your procedure when a law enforcement officer or process server comes to see an
employee? Confrontations shouldn’t occur in view of other employees. You could
instruct your receptionist to direct the officer to a private part of the office near an
outside door, then quietly ask the employee involved to report to that area.
 Terminate with care. Have someone along as a witness if you have to terminate
a violent employee; consider engaging backup security. Treat the worker with
dignity, and allow a way for the person to depart quietly. Afterward, change the
locks.

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Have a game plan

You should have a plan for what to do in case violence does erupt, starting with
protecting yourself, calling police and warning those in the vicinity. The plan should
include the following steps after the assailant leaves:
 Seek assistance from co-workers and attend to those who are injured.
 If the assailant is an employee, pull his personnel file.
 Designate someone to notify the victims’ families. Be sure all employees have a
current emergency contact on file. Update that information annually.
 Inform a designated media spokesperson.
 Notify your in-house counsel.
 Provide counselors trained in handling post-traumatic stress to talk with all the
employees affected by the incident.
 Ask law enforcement for approval to clean up the site. You don’t want to damage
the integrity of the evidence, but you do want to restore the site ASAP.
 Beware of looters, who might try to take advantage of your situation.
 Begin documentation of the event as soon as possible.

Sample policy #1:

Violence and weapons
The following sample policy was excerpted from The Book of Company Policies,
published by Business Management Daily. To order, call (800) 543-2055 or visit
www.BusinessManagementDaily.com/store.
Please feel free to edit this policy to suit your organization’s purposes.

Purpose
All employees have the right to work in an environment free from physical violence,
threats and intimidation. The Company’s position is that violence is a form of serious
misconduct that undermines the integrity of the employment relationship. No employee
should be subject to unsolicited and physical violence, threats or intimidation. Such
behavior may result in disciplinary action, up to and including dismissal.

Policy
The Company has a strong commitment to its employees to provide a safe, healthy and
secure work environment. The Company also expects its employees to maintain a high

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level of productivity and efficiency. The presence of weapons and the occurrence of
violence in the workplace during working hours or otherwise are inconsistent with these
objectives. While the Company has no intention of intruding into the private lives of its
present or potential employees, it expects all employees to report on the work site without
possessing weapons and to perform their jobs without violence toward any other
individual.

Coverage
All applicants considered for employment [and all current employees] will be required to
sign an acknowledgment that they have received this Policy and understand its contents
and intent. Any applicant or employee who refuses to sign the acknowledgment will be
subject to discipline, up to and including discharge.

Definitions
Crime of Violence or Violence: Includes any degree of murder, voluntary
manslaughter, aggravated rape, rape, mayhem, especially aggravated robbery,
robbery, burglary, aggravated assault, assault, physical or verbal threats and battery.
Weapon: Includes an explosive or an explosive weapon, a device principally
designed, made or adapted for delivering or shooting an explosive weapon, a machine
gun, a short-barrel rifle or shotgun, a handgun, a firearm silencer, a switchblade knife
or any other type of knife, or knuckles, or any other implement for infliction of bodily
injury, serious bodily injury or death that has no common lawful purpose.
On the Work Site: Includes all property owned or occupied by the Company
(including Company job sites) or in a Company vehicle.
Possession: Includes, but is not limited to, the presence of a weapon on the employee,
in his/her motor vehicle, lunch box, locker, tool kit, bag, purse, cabinets, office, etc.

Policy implementation
It is the responsibility of the Plant Manager to ensure that all employees are informed of
and aware of this Policy and legal guidelines. Employees who are victims of or witnesses
to violent incidents should immediately report such conduct to their supervisors or the
Human Resources Manager.

Prohibited activities
The Company specifically prohibits the following and will routinely discipline an
employee, up to and including discharge for any of the following:
 Use, possession or sale of any weapon as described above.
 Storing any weapon in a locker, desk, vehicles, lunch box, tool kit, bag, purse or
other repository on the work site or other Company premises.
 Illegal possession, use or sale of a weapon off Company property that adversely
affects his/her own or other’s safety at work, or indicates a propensity for same.

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 Refusing to submit to an inspection for the presence of a weapon that is requested

by the Company.
 Conviction under any criminal statute for the illegal possession of a weapon or for
committing a violent act against the person or property of another.
 Refusing to sign a statement to comply with the Company’s Policy on Workplace
Violence.
 Refusing to participate in an investigation pertaining to allegations or suspicion
that violence has or is likely to occur, or an investigation pertaining to the
carrying of a weapon by the employee or a co-employee.
 Verbal or physical threats, threatening gestures or statements.
 Fighting.
The Company, in its discretion, may from time to time modify this policy. In the event
the Workplace Violence Policy is revised, a copy of the revised policy will be provided to
each employee, and to the extent that the employee acknowledgment of the Policy may
need to be updated or revised, each employee will be required to sign an updated version.

Reporting
An employee who witnesses an incident of violence or threatening language or conduct
must report the incident to his or her supervisor or Human Resources promptly. No
employee who reports an incident of violence or threatening conduct or participates in an
investigation of such an incident shall be subject to retaliation.

Discipline
An employee who violates this Policy by engaging in violent conduct or bringing a
weapon into the workplace is subject to discipline, up to and including immediate
termination.
An employee who violates this Policy by bringing onto the work site a weapon and
whose employment is not terminated by the Company will be subject to searches from
time to time, for an indefinite period of time not to exceed one (1) year from the date of
the violation.
An employee’s consent to submit to a search is required as a condition of employment
and the employee’s refusal to consent may result in disciplinary action, including
discharge, for a first refusal or any subsequent refusal.

Miscellaneous
The Company has the right to search any areas on Company premises for weapons,
including, but not limited to, lockers, furniture, containers, drawers, equipment or other
facilities, lunch boxes, briefcases, personal bags, personal toolboxes or tool kits, parking
lots, Company vehicles and personal vehicles parked on Company premises.
If an employee is injured while participating in a fight or after instigating a fight, then
entitlement to workers’ compensation benefits may be denied.

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No part of this Policy, nor any procedure therein, is intended to affect the Company’s
right to manage or control its workforce, or be construed as a guarantee or contract of
employment or continued employment.

Nonretaliation
This policy also prohibits retaliation against employees who report incidents of threats,
physical violence, intimidating conduct or weapons possession. Any employee bringing a
harassment complaint or assisting in the investigation of such a complaint will not be
adversely affected in terms and conditions of employment, nor discriminated against or
discharged because of the complaint.

Modification and revision

This policy is subject to modification or revision in part or in its entirety to reflect
changes in conditions subsequent to the effective date of this policy.

Sample policy #2:

Violence and weapons
The following sample policy was developed by Dennis A. Davis, director of client
training for the employment law firm Ogletree Deakins. Used by permission.

1. Prohibited behavior in the workplace

To ensure both safe and efficient operations, XYZ expects and requires all of its
employees, visitors, consultants/contractors and temporary workers to display common
courtesy and engage in safe and appropriate behavior on its premises at all times. The
Company has zero tolerance for any behavior that is considered violent, intimidating,
dangerous and/or threatening. All acts of violence and threats of violence will be taken
seriously. This includes fighting, aggressive horseplay and other behavior that would
cause a reasonable person to be seriously alarmed, upset or frightened. Such prohibited
conduct includes behavior in person, by telephone, mail, e-mail or any other form of
communication.

2. Prohibited weapons
All nonwork-related weapons are prohibited. Weapons of any kind, including, but not
limited to guns, knives, mace, explosives, hazardous devices or substances are prohibited
from Company premises, Company-sponsored events and may not be carried while on
Company business.

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3. Nonwork disputes
The Company encourages employees to manage their nonwork-related disputes in a
respectful manner, outside of work, and off company premises. However, the Company
recognizes that off-duty events can have an impact on the workplace. Therefore,
employees are encouraged to notify Human Resources when such events have the
potential to create a disruption in the workplace. In addition, should these disagreements
reach the workplace, the Company may initiate mitigating actions as warranted, such as
contacting local law enforcement, obtaining restraining orders or any other necessary
means to alleviate the situation.

4. Reporting a violation
Employees should never take any action that might jeopardize their own safety. Any
perceived threat or other knowledge of a violation of this policy should be reported
immediately to Human Resources, Security or your supervisor. In addition, any
suspicious individuals or activities in the workplace should be reported immediately to
Human Resources, Security or your supervisor. If any employees should feel they are in
imminent danger at any time, they are instructed to call 911 for assistance. The identity of
anyone reporting a suspicious incident will be maintained in confidence, as much as is
possible.

5. Discipline
Human Resources will promptly investigate any reports of physical or verbal altercations,
threats of violence or other conduct by employees that threatens the health or safety of
other employees or the public. Human Resources will also investigate any reports of
violations of this policy. All incidents of physical altercations are treated as gross
misconduct and may result in disciplinary action or termination of employment. In some
cases, depending on the severity of the behavior, local law enforcement may be
contacted. Pending the results of its investigation, XYZ may suspend employees who are
involved in physical altercations that result in injuries, create a significant risk of injury
or have a significant adverse impact on productivity, safety or morale.

6. Employee assistance program

Employees are reminded about the availability of the Employee Assistance Program
(EAP). The EAP is available to employees and members of their household who may
need assistance in resolving both work related and nonwork-related issues.

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Memo to Managers:
How your management style can
stop workplace violence
Use this “Memo to Managers” article to educate your supervisors. Paste the content into
an email, company newsletter or other communication. Edit as desired.

Workplace violence has gone far beyond the stereotype of the disgruntled postal worker.
No workplace is immune. In fact, each week, an average of 20 employees are killed and
about 18,000 are assaulted on the job, according to government statistics.
What triggers on-the-job violence? The top reasons: personality conflicts, work-related
stress, family or marital problems, mental illness, firings and drug and alcohol abuse. An
American Management Association survey found that the most violent incidents
occurring on the job involve (in order):
1. Employee and employee 3. Customer and employee
2. Employee and supervisor 4. Employee and spouse/significant other.
Also, lawsuits surrounding workplace violence are rising. Legal action often centers on
negligent-hiring and negligent-supervision issues.
So, what can you do? If you tolerate negative behaviors among the employees you
supervise, or display those behaviors yourself, you can contribute to an unsafe work
environment. That’s why it’s best to:
1. Address misconduct right away. Allowing aggressive or inappropriate conduct
without taking action can foster a workplace in which employees feel harassed or
intimidated. Notify HR with concerns about discipline or potentially explosive situations.
2. Provide clear rationale for decisions. Making employee-related decisions without
employee input or explanation can lead to frustrated employees who don’t feel valued as
anything but “worker bees.”
3. Treat employees fairly and equitably, and apply rules consistently. If you are
inconsistent or unpredictable, your employees will be unsure of your expectations and
become frustrated. Communicate clear standards of performance and behaviors, then set
a good example yourself.
4. Provide feedback throughout the year. Saving up all your critiques for performance
reviews can intensify anger and spark violence.
5. Get to know your employees, but keep it professional. Remember that engaging in
relationships with employees that are too personal or too informal may lead to
misunderstandings, as well as to other employees feeling alienated.

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Workplace violence
prevention resources
National Institute for the Prevention of Workplace Violence
 Tools and resources for preventing workplace violence.
www.workplaceviolence911.com

Federal Bureau of Investigation

 Best-practices workplace violence prevention strategies.
http://www.fbi.gov/stats-services/publications/workplace-violence

National Institute for Occupational Safety & Health

 Downloadable video presentations on preventing violence on the job.
www.cdc.gov/niosh/docs/video/violence.html
 “Workplace Violence Prevention Strategies and Research Needs”
www.cdc.gov/niosh/docs/2006-144

Occupational Safety & Health Administration

 Links to violence-prevention strategies for various kinds of workplaces.
http://www.osha.gov/SLTC/workplaceviolence/
 Resources to help recognize potential workplace violence threats.
www.osha.gov/SLTC/workplaceviolence/recognition.html
 Noting that health care workers are more than four times more likely than other
employees to experience workplace violence, OSHA launched a new website to
help health care providers curtail violence at work.
www.osha.gov/dsg/hospitals/workplace_violence.html

Society for Human Resource Management

 Links to violence prevention articles and resources.
www.shrm.org/hrdisciplines/safetysecurity/pages/violence.aspx

Department of Homeland Security

 Active shooter preparedness.
https://www.dhs.gov/active-shooter-preparedness

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More on preventing workplace

violence from
www.theHRSpecialist.com

You don't have to wait for prosecution: Go ahead and fire

violent worker
Has an employee been arrested for threatening behavior involving a co-worker? You
don’t have to wait for the criminal trial and conviction to discipline the employee. You
don’t even have to reconsider if police drop the charges. What matters is that you have an
honest belief the worker broke company conduct rules—even if you end up being wrong.

Recent case: LaShaunda, a U.S. Postal Service custodian, was romantically involved
with a co-worker. When the co-worker broke it off, LaShaunda became upset. The two
argued in the parking lot and continued their argument down the road.

According to the police, LaShaunda physically assaulted the co-worker and spat on his
car. She then sent him text messages suggesting she was going to kill him. She was
arrested. When her boss found out, LaShaunda was fired.

Eventually, charges were dropped. LaShaunda sued and argued her co-worker should
have been fired, too.

But the court said it didn’t matter that she wasn’t prosecuted or that the co-worker might
have played more than the innocent victim. What mattered was that the supervisor
honestly believed LaShaunda had violated workplace rules against threats and violence.
(McDaniel v. Donahoe, No. 12-CV-054944, ED CA, 2014)

Final note: The workplace isn’t a court of law. You don’t have to have overwhelming
proof of who did what. An honest belief is enough.

4 ways the workplace has become more dangerous

Disgruntled employees, workplace bullies, active shooter situations, illegal drug use, ex-
spouses and dissatisfied clients—all can be found in a random sampling of the two
million people affected by workplace violence in the United States, according to the
Occupational Safety and Health Administration.

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 Workplace Violence Prevention Toolkit Business Management Daily

“Of course, of the millions of reported cases, there are many more that go unreported;
workplace violence includes any act or threat of physical violence, harassment,
intimidation, or other threatening disruptive behavior that occurs at the work site,” says
Timothy Dimoff, one of the nation’s leading voices in personal and corporate security
who has worked with the U.S. Army, the Pro Football Hall of Fame, corporations,
universities and nonprofit groups.

Dimoff, a former award-winning narcotics detective and SWAT team member, reviews
today’s problems and offers a path for conflict resolution and prevention.

• Inadequate use of hiring tools: Know who you’re hiring! “I can’t emphasize this
enough; this is the age of information, yet potential employees often provide falsified or
misleading details,” Dimoff says. “With so many candidates and so much information
available today, employers often overlook useful tools in a hurry-up effort to maintain
productivity with a premature hire.” There are many resources, including drug testing
acknowledgment and consent forms; fully understanding laws, including the Fair Labor
Standards Act, equal employment opportunity guidelines and military leave guidelines;
and simply knowing how to ask revealing questions to applicants.

• Workplace intimidation & cyberbullying: Bullying is not exclusive to the

schoolyard; it can follow adults into the workplace, and even home via email, texts and
social media. “The first and best thing employers can do is prevention, and you do that by
creating a positive and fair company culture,” Dimoff says. “Next, implement a zero
tolerance policy for bullying; encourage employees to document and report bullying, and
take those accusations seriously. Hold occasional staff meetings so that employees are
taught to recognize signs of bullying and everyone is reminded of the zero tolerance
policy.”

• Gun violence: It can happen at what appear to be the most secure places in the world,
and it can happen to the most innocent among us. We hear story after story about
shootings in movie theaters, parking lots and neighborhoods. Train managers to
recognize and attempt to de-escalate the situation, which can include talking to the
potential aggressor in an empathetic, non-judgmental way.

• Violence against women: Homicide is the leading cause of death for women in the
workplace, according to OSHA. Of the 4,547 fatal workplace injuries that occurred in the
United States in 2010, 506 were workplace homicides. Once again, this comes down to a
zero tolerance policy for bullying and sexual harassment, applicable to all workers,
patients, clients, visitors, contractors, and anyone else who may come in contact with
company personnel, such as an ex-spouse. A well-designed on-site security protocol can
significantly reduce the risk of severe violence.

Timothy Dimoff, a Certified Protection Professional (CCP), is founder and president of

SACS Consulting & Investigative Services, Inc. www.sacsconsulting.com.

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 Workplace Violence Prevention Toolkit Business Management Daily

Background check isn’t enough;

tight supervision keeps liability at bay
Your organization can be held liable for “negligent hiring” if an employee commits a
crime and you could have (or should have) prevented it. That’s why it's crucial to run
background checks to screen out risky applicants, particularly those who would have
contact with customers (especially minors).
But don’t think your duty ends after you receive a clean background check. A
background check may save you from negligent-hiring liability, but if supervisors allow
employees to run wild, you could still face liability for negligent supervision.
That’s why it's vital to train employees continually, remind them of the complaint process
and follow up immediately on complaints. That won’t prevent all employee misdeeds, but
it will give you a solid defense against negligent supervision claims.
Recent case: A mental-health facility placed one of its employees, Sam Craft, on leave
after he allegedly sexually assaulted a female patient. The patient sued the facility,
alleging negligent hiring and negligent supervision.
The court tossed out the negligent hiring claim.
Reason: The facility proved it ran a background check on Craft that came back clean.
However, the court did allow the patient’s negligent supervision claim to go to trial,
saying a jury must decide whether the facility failed to supervise its staff. (Vellafane v.
Foundations Behavioral Health, No. 03-1019, ED Pa, 2005)
Final note: Several national employers have recently lost cases involving negligent
hiring. Retail giant Walmart began running criminal record checks on all applicants after
being found responsible for sexual assaults committed by employees.

Specify some offenses as dischargeable,

and follow through
Employers have a legal obligation to provide a safe working environment, and that
includes taking reasonable measures to ensure that violence stays outside the workplace
gate. That’s one reason no employer should tolerate violence or threats against the
company or its employees.
Your employee handbook should include “no violence” and “no threats” clauses,
explaining that verified violence or threats mean immediate dismissal. Designate
someone in HR to handle such incidents consistently and swiftly.
As the following appeals court case shows, you don’t have to worry that a court will
second-guess your decision if you can show you treat all employees who threaten or
commit violence exactly the same.

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 Workplace Violence Prevention Toolkit Business Management Daily

Recent case: Albert Robinson, who is black, was fired when HR learned he had
threatened to kill a co-worker. Robinson sued, alleging race discrimination. But the 11th
Circuit Court of Appeals tossed out his case. It reasoned that making death threats is a
legitimate reason for discharge and can’t be the basis for a race discrimination case unless
there’s proof that someone not belonging to the same protected class got a “get out of jail
free” pass for the same conduct. Robinson had no such proof. (Robinson v. Adventist
Health Systems, No. 06-13828, 11th Cir., 2007)
Final note: Concerned about workplace violence? You have good reason for that
concern, since about 10% of workplace deaths are directly attributable to violence.
OSHA has extensive information on how to make your workplace safe, including specific
information for industries that typically experience more violence than others, including
health care and food service.

Does your violence policy address

concealed-carry laws? It should
With the recent addition of Ohio, 46 states now have laws allowing competent adults to
carry concealed weapons.
The good news: In most states, that right typically doesn’t apply if a private employer
notifies employees and visitors (before they enter the premises) that it bans weapons on
its property. And some states, such as Ohio, grant legal immunity to employers who are
sued after a concealed gun is discharged on their premises.
The bad news: Employment attorneys say nuances in state laws can affect how far your
“no weapons” policy goes. And employers often fail to take advantage of language they
can use.
The most common employer response to these growing laws has been to issue a blanket
policy banning all weapons, concealed or not, from the workplace. But the differing laws
make it necessary to determine whether you can legally prohibit weapons in common
areas, such as parking lots and company vehicles.
What’s your best policy? Take these three steps:
1. Add a no-concealed-weapons ban to your employee handbook. Ask applicants and
employees who have concealed-weapons permits to disclose that fact on applications and
other company forms.
2. Consider additional language prohibiting employees from taking weapons to
customers’ sites.
3. Notify visitors, contractors and vendors that your premises is a gun-free zone. Signs
at entrances do the trick, but so does “no weapons” language on sign-in sheets and visitor
cards.

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 Workplace Violence Prevention Toolkit Business Management Daily

Threats at work: You can punish,

even if weapon turns out to be a toy
You probably have workplace rules that ban weapons in the workplace and don’t allow
employees to come from the parking lot into the building with guns or knives. And that
rule probably spells out that you will terminate an employee who threatens or displays a
weapon at work.
But what if the ‘‘weapon’’ turns out to be a toy? Should you punish the employee on the
basis of what the weapon looked like? That’s the dilemma that one employer faced
recently.
Recent case: Odis Tabor, who identifies himself as biracial, had a history of getting into
confrontations at work with other employees. In fact, he had been disciplined at least
once for getting into a screaming match with another employee, an argument that
involved name-calling based on Tabor’s mixed racial heritage.18
The final straw came during a meeting in which several employees claimed they saw
Tabor brandish a knife. Tabor was fired for violating a no-weapons policy. He sued,
alleging racial bias and also argued that the alleged weapon was merely a plastic toy that
belonged to his son.
The court didn’t buy that as an excuse. It pointed out that a bank robber who uses a toy
gun would still terrify the tellers and would still face armed robbery charges. It saw no
difference between that and the toy knife in this case. (Tabor v. Freightliner, No. 1:08-
CV-34, MD NC, 2009)

Echoes of Virginia Tech:

‘Copycat comments’ lead to firings around U.S.
“If I get one more write-up, if you think they
had a problem in Virginia, it’ll be worse here.”
When an employee of Suffolk County (N.Y.) Community College spewed that reference
to the 2007 Virginia Tech massacre during an argument with his supervisor, the
supervisor quickly called police. Police charged the man with harassment and criminal
possession of a weapon after he admitted owning a bolt-action shotgun. And the man was
fired.
That wasn’t an isolated incident. In the weeks following the tragic shooting at Virginia
Tech, employers tried to figure out how to deal with “copycat comments” from
employees.
Example: A SeaWorld employee in Florida told co-workers he idolized the Virginia Tech
shooter and that he wanted to “do what happened at Virginia Tech here at SeaWorld.”
His employer promptly fired him and called police. The 20-year-old employee later said
he was joking.

20
 Workplace Violence Prevention Toolkit Business Management Daily

Advice: In today’s environment, you can’t shrug off threats like that as “jokes.” It pays to
take such comments seriously. Encourage employees to come forward with concerns
about comments made by employees. And respond decisively when employees make
threatening comments or when they act erratically.

21
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10 Secrets to an Effective Performance Review: Examples and tips on

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© 2016 Business Management Daily www.BusinessManagementDaily.com

FMLA Intermittent Leave: 5 guidelines to managing intermittent leave and
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© 2016 Business Management Daily www.BusinessManagementDaily.com

Workplace Violence Prevention Toolkit: HR advice, guidelines and policies
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