How to Prevent, Prepare, and Respond to Workplace Violence

How to Prevent, Prepare, and Respond to Workplace Violence

N. Victoria Holladay, Esq

FordHarrison LLP

Moderator

Becky RossMarketing Manager

Office: (303) 228-8753

[email protected]

Presenter

N. Victoria Holladay, Esq.PartnerFordHarrison LLPOffice: (901)[email protected]

If you have questions during the presentation, please submit them using the “Questions” feature

Questions will be answered at the end of the webinar

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©2012 FordHarrison LLP, All rights reserved.

WORKPLACE VIOLENCESUPERVISORS’ PRACTICAL PREPARATION

AND RESPONSE

KPA WEBINARJuly 26, 2012

by N. Victoria Holladay, Esq.

FordHarrison LLP795 Ridge Lake Boulevard, Suite 300

Memphis, Tennessee 38120901.291.1500

[email protected]


TYPES OF WORKPLACE VIOLENCE

Researchers have divided workplace violence into four categories:



Type I:

• Perpetrator has no relationship to employer; • usually commits a crime during violent act;• has a deadly weapon;• constitutes 85% of all workplace homicides.



Type II:

• Perpetrator has legitimate relationship with business;

• becomes violent during that relationship;

• violence may occur in normal duties of employee;

• Perpetrator includes customers, clients, patients, students, etc.



Type III:

• Perpetrator, a present or former employee, attacks/threatens another employee related to workplace disputes or interpersonal issues.

• constitutes 7% of all workplace homicides.



Type IV:

• Perpetrator has personal relationship with victim; not with the employer;

• assaults or threatens victim, usually domestic violence;

• violence can affect both male and female workers.


PROFILE OF A VIOLENT EMPLOYEE

Major Factors• Difficult to predict• Past violence is No. 1 predictor of future violence

Other factors • Talks or boasts of prior violent acts• Violent reaction or over-reaction to workplace

change, perceived insults or threats• Blames others• Repeated company policy violations• Change in domestic situation



Other factors (cont’d)• Drug/alcohol abuse• Change in appearance, conduct, health or hygiene• Threatens others at present or past workplace• Difficulty in forming bonds with others and strained

workplace relationships• Belief employer treating them unfairly • Volatile, impulsive, little emotional control • Excessive tardiness or absences• Increased need for supervision• Inconsistency in performance



Other factors (cont’d)

• Violation of safety procedures• Fascination with weapons• Depression


Real Life Examples• Terminated employee returned to plant, walked

through the front door and shot four employees, killing three

• Result– Civil: $7.9 million verdict against employer for

negligence – Criminal: Shooter received death penalty



Moral of the Story

Overall impact/cost to business in reacting after an incident staggering vs. the cost of focusing on preventing incident.



TYPICAL PROBLEM AREAS

Inadequate Preparation• Weak or non-existent workplace violence policy• Inadequate employee background screening,

supervision, and discipline• Inadequate training on violence prevention at all

levels– First line supervisors are eyes and ears– Often behavioral warning signs but supervisors

do not know how to deal with them


TYPICAL PROBLEM AREAS

• Failure to take immediate action against those who have threatened or committed acts of violence

• Failure To Report

– Unaware of value of reporting

– Fear of retaliation/being blamed


PREVENTATIVE MEASURES

Maintain Careful Hiring Procedures• Consider Using:

– Reference Checks– Criminal Background Checks– Drug/Alcohol Screening

Atmosphere of respect and communication• Encourage feedback from management and

employees• Feelings of isolation/belief management does not care

can precipitate workplace violence



Establish Security Procedures• Review workplace layouts, designs, and security

systems• Develop contingency plan to deal with actual

workplace violence• Limit access to work sites

Zero-Tolerance Violence Policy• Disseminated in written form• Discussed by management and employees



Zero-Tolerance Violence Policy• Should include the following considerations:

– No physical violence tolerated on site– No verbal abuse or threatening/intimidating behavior– No firearm/weapon in workplace– No use of illegal substances/alcohol on site – No destruction of employer/co-worker property– No person convicted of violent crime may be employed – Must report threats and violence– Confidential Hotline/800 number


Train Supervisors In Crisis Intervention • Know what behavior to look for; when to report

certain behavior; and treat every threat seriously• Use people skills

– Rigid, authoritarian management styles contribute to violence

– Violent workers have said not the action taken, but how the action was taken



Document Problems• Report all potential/actual incidents to senior

management• Immediate response helps diffuse problem• Document all incidents and management’s response• Review conduct and written response with employee



DISCIPLINE AND DISCHARGE OF VIOLENT EMPLOYEES

Holding A Disciplinary Meeting• Pre-plan

– Decide how matter will be conveyed Avoid lengthy discussions with unhappy

employee– Ensure unobstructed access to exit

• Who Should Attend– Use neutral manager if hostility exists

between employee and manager/human resources– Have two managers present



• Who Should Attend (cont’d)

– More senior manager should deliver message

– Limit other attendees to avoid humiliation

• The Approach

– Concise and direct

– Do not debate/rationalize

– Never blame on other management or co-workers

– Compassionate but firm

– Do not refer to disability/potential disability


• The Approach (cont’d)– Refer only to conduct at issue– If employee blames it on disability/potential

disability, consider whether leave for treatment is appropriate

– If discharge: Let employee discuss his side; require calmness May refer to outplacement counseling No contact beyond termination meeting Do not send employee to another location –

allows time for hostility to build Explain how job references handled



• Logistics– End of shift – If suspect violence may occur, notify

security/police to be close by– Escort employee out (only if done with all

terminated employees)– Take keys, entrance card, I.D. from employee– Immediately lockout employee’s computer access– Ensure security or facility entrance guard knows

not to allow employee on site again



CONFRONTING VIOLENCE AND MANAGING EMPLOYEE TRAUMA

Levels of Employee Violence• Level One: Early Warning Signs

– Observation of erratic/unusual behavior that may be precursor to violence See other factors in profile of violent employee

– Document in detail/report to observer’s supervisor– Contact crisis management team– Supervisor should meet with employee

immediately; discuss in non-confrontational manner


• Level Two: Escalation

– Situation appears violent and is getting worse See other factors in profile of violent employee

– Document in detail

– Contact supervisor, Crisis Management Team, Law Enforcement, Security

– Contact those in danger attempt to secure their safety warn them of escalating situation



– In event of unavoidable confrontation with the violent employee: call for assistance, if possible attempt to set boundaries for behavior avoid an audience remain calm ask person to sit down find out if he can follow directions ask questions to discern the person’s complaint try to get her to focus on a less aggressive

action



– In event of unavoidable confrontation with the violent employee: (cont’d) once situation has been diffused meet with

employee in a secure environment

• Level 3: The Emergency– the person frequently displays intense anger

resulting in: recurrent threats recurrent physical confrontations destruction of property



• Level 3: The Emergency (cont’d)– the person frequently displays intense anger

resulting in: use of weapons to harm others commission of murder, rape, and/or arson other unlawful policy-prohibited conduct

– Secure personal safety call security call 911 contact Crisis Management Team



– Secure personal safety cooperate fully with law enforcement personnel if personally confronted, use procedures in

Level 2



Handling the Aftermath of Employee Violence• How Traumas Affect Employees

– Stage One “Shock Stage” (denial, disbelief or numbness)

– Stage Two “Impact Stage” intense emotions (anger, sorrow,

guilt) lasting few days to few months– Stage Three

“Reconciliation Stage” – employee tries to make sense of the event



• Considerations for Management

– Be sensitive

– Observe the different stages

– Be tolerant of temporarily reduced productivity

– Do not joke or trivialize the event

– Offer support



• Provide a debriefing– Consider use of grief counselors– Discuss event with employees (small groups)– Allow them to comment fully– Reassure them that incident addressed fully by

law enforcement or management– Remind employees of the EAP

• Review preventing violence training program/management plan

• Re-train managers and employees on preventing violence training program



• Handle Media Appropriately– Control information provided – Appoint one contact person with expertise – Consult legal counsel



Questions?

Thank You

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How to Prevent, Prepare, and Respond to Workplace Violence

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