What is an effective way to deal with the growing threat of workplace violence?
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ADMINISTRATIVE CONTROLS Administrative controls are likely the most cost-efficient measures that employers can take to reduce the risk of a violent incident. Beginning with the hiring process, pre-employment screening allows employers to evaluate a potential employee in several areas. Thorough background checks, drug and alcohol testing, and follow-up with past employers can reveal information about a person’s behavior before they ever enter the establishment. However, it has become more difficult to gain useful information from previous employers as more organizations choose to provide nothing more than dates of employment for past workers. After a person becomes an employee, it is important for the employer to regularly evaluate behavior. Coworkers are the employer’s best source of information about someone’s behavior. Often it takes an accumulation of events for people to report inappropriate behavior, but by then it may be too late. According to researchers, employers must ensure that they provide employees with training on warning signs of workplace violence and encourage reporting by maintaining an effective channel for employees to voice their concerns. Another way for employers to monitor employees without breaching privacy is through their use of company resources. Telephone communication, emails, copies, faxes, and internet usage can be valuable observational tools that do not violate employees’ rights. These resources, when owned and provided by the company, belong to the business and can be monitored freely. It should be noted, however, that electronics monitoring can have the unwanted effect of being perceived as an invasion of employee privacy. An employer may find that an employee has a new or preexisting mental health issue that has the potential to affect their work or lead to violence. These types of issues must be addressed properly to avoid violating an employee’s rights. Mental health concerns may be protected by the Americans with Disabilities Act and must be handled accordingly. Although mental health should be treated with care, the employer cannot ignore perceived threats or future problems. Possibly the riskiest situation an employer might face is a disgruntled employee. Following a disagreement between coworkers or with a superior, disciplinary action, or termination, employees are likely to be very stressed or dissatisfied with the company or its employees. Other “trigger events” that can cause an unwanted reaction from an employee may include performance reviews, downsizing, or minor changes from the norm. Any conversation concerning these matters should be done in a manner that follows company policy and shows the employee that the decision is not up for debate. Employees should be treated with respect, told why the decision was made, and encouraged to use avenues at their disposal to express their concerns. Human resources or labor unions can be helpful in these situations. If an employee is terminated, more complete action should be taken. The employer should immediately confiscate and deactivate the employee’s company identification; block the person’s access to company resources such as computers, intranet, and email; and notify site security that the person is no longer allowed on the premises. ENGINEERING CONTROLS Engineering controls for workplace violence prevention are tangible solutions that can prevent a dangerous person—an employee, former employee, or member of the public who could be attempting to harm others—or object from entering a work site. The following measures are suggestions that many security companies include in their workplace security plan proposals. Employers should evaluate each of the following controls for feasibility. Securing entry into the building. Doors, walls, locks, fences, guards, and lighting are all examples of physical controls to reduce dangerous individuals’ access to employees. Establishing predetermined entrances where employees, customers, and visitors are expected to enter and exit the site is an effective control. Other doors around the building or work site should remain locked and designated for emergency uses only. This method will allow for easier tracking of who is in the building at what times and will ensure that unauthorized personnel are not allowed into secured areas. Even a receptionist with a sign-in sheet can deter an act of violence. If the workplace includes outdoor elements such as workstations, pathways, break areas, or patios, the employer may choose to install fencing. A fence will create controlled-access areas for authorized personnel. These efforts instill a sense of security for employees while preventing potential threats to the property.
Violence – both in and outside the workplace – comes in many forms. According to the Occupational Safety and Health Administration (OSHA), workplace violence consists of violent acts and/or the threat of violence that are intended to intimidate or cause injury or death to others at the workplace. Such acts can range from threats and verbal abuse to physical assaults and even homicide. Harassment and bullying are also considered forms of workplace violence by many employers. Domestic violence on the part of outside parties with a relationship to employees can also become a threat to the workplace. Show
Although the Occupational Safety and Health Act does not have specific requirements for addressing workplace violence, it does require employers to provide a workplace that is “free from recognized hazards that are causing or are likely to cause death or serious harm.” In addition, many states require employers to implement workplace violence prevention programs, including training, reporting, and more. Common-law principles may also create a duty of care for employers to protect against workplace violence. Employers can be held liable under the theories of premises liability (the duty to keep people on your property safe from known threats) or respondeat superior (the vicarious liability of an employer for acts of employees that occur within the scope and course of their employment). Employers can also be held liable for negligent hiring or retention of employees if the employer knew or should have known of the potential of violence. This necessitates that employers conduct and respond appropriately to background screens at hiring and also respond appropriately to threats or acts of violence that develop in the workplace. Finally, workplace violence that is targeted at a protected class of employees (i.e. due to race, color, religion, disability, gender, or veteran status) can give rise to claims of discrimination and harassment. Such incidents may also lead to an investigation and action by the Equal Employment Opportunity Commission, or in the case of federal contractors, the Office of Federal Contractor Compliance Programs (OFCCP). For all of these reasons, it is implicit upon employers to take reasonable steps to address and prevent violence in the workplace. Risk factors and warning signs of workplace violenceThe first step to preventing workplace violence is understanding the risk factors and warning signs. Particular factors may increase the risk of violence in the workplace. These include working conditions that involve:
Employees typically display common indicators of potentially violent behavior long before they “snap” and harm others. Early recognition of these behaviors can help employers intervene before the situation becomes critical. Common warning signs of actual or potential workplace violence may include any of the below.
Best practices for preventing workplace violence1. Assess the workplace for potential hazards.The first step in addressing workplace violence is to conduct an assessment for potential vulnerabilities. This includes analyzing the physical environment, location, and administrative practices (like scheduling and operations) that can contribute to potential incidents of violence. 2. Have appropriate policies and training in place.Policies and practices should be designed to address vulnerabilities revealed by the needs assessment. Employer policies should also address measures to be taken in the aftermath of a workplace violence incident. This may include reporting protocols, reporting incidents to the police if needed, informing victims of their legal right to prosecute the perpetrator, and providing employees with prompt medical evaluation and treatment. Other steps may include providing post-incident counseling to affected employees and debriefing the incident with supervisors and management to inform future training and policy decisions. Finally, a policy does no good unless it is actually used. So be sure your policies are consistently enforced. In addition, employees and supervisors alike should be trained regularly on your company’s workplace violence policies and procedures. 3. Conduct pre-employment screening.Review your pre-employment screening practices, with a focus on finding and paying attention to “red flags” during the screening phase. Pre-employment screening practices can sometimes be designed to reveal if a candidate has behavioral tendencies that might lead to workplace violence or harassment. Criminal background checks and checking references from former employers, if done with care, can also help reveal problematic behaviors. 4. Carefully consider termination and post-termination practices.Proceed with caution and treat anyone you are terminating with as much dignity and consideration as possible. An exit interview can give employees a healthy and controlled opportunity to voice complaints, frustrations, and concerns. Providing severance pay and/or not contesting a claim for unemployment benefits can also serve to minimize animus and, consequently, threats of violence. From a logistics standpoint, consider conducting terminations at the end of the day when other employees have left. Rather than have them return to their office to retrieve belongings, bring or arrange to ship them to the employee. Make sure you get back all company property, keys, and any badges or similar items prior to them leaving. If you are not comfortable escorting them out or having someone else escort them out, consider other alternatives to ensure that they leave the premises peacefully. If you believe that the employee poses an even bigger threat, alert the authorities and consider stepping up security measures. 5. Promptly investigate and address incidents of harassment.Harassment, if left unchecked, can and often does lead to violence. (And it’s not always the harasser, but sometimes the victim that resorts to violence.) Importantly, EEO and OFCCP rules prohibit harassment directed at persons belonging to a protected class. As such, employers are obligated to investigate complaints of harassment directed at employees in legally protected classes. Such incidents often result in a discrimination complaint and investigation. In its investigation, the OFCCP will look to see if the company has anti-harassment policies. It will also look to see if the company followed that policy, taking an interest in whether the company periodically monitors compliance and promptly and appropriately addresses specific incidents. Addressing workplace violence starts with HRWhile preventing workplace violence requires collaboration from all stakeholders, the HR department is often in the position to first learn of and address workplace challenges that can lead to acts of violence. That’s why your HR Department is a critical starting point for employers committed to taking a proactive and effective stand against workplace violence. Federal contractors should particularly consider affirmative action obligations that may overlap with workplace safety obligations (like preventing workplace violence). Taking a holistic approach will help you stay compliant with federal contracting obligations and reduce the threat of violence in the workplace— a win on all accounts.
To learn more, don’t miss our complimentary webinar Workplace Violence. If you need help with your AAP compliance efforts, HR Unlimited Inc. can help! Our comprehensive affirmative action services assist you in all phases of affirmative action compliance. Contact us today to learn more about the many benefits of our Affirmative Action Partnership! CONTACT US By Ahmed Younies / 5.31.2021 / No Comments aapaap complianceaffirmative actioncompensationcriminal background checksdiscriminationdiversityeeoEEOCequal employment opportunityflsaharassmentHiringHRhrcihuman resourcesinclusionOFCCPOFCCP complianceOFCCP trainingoshapre-employment screeningwork terminationworkplace bullyingworkplace discriminationworkplace policiesworkplace safetyworkplace securityworkplace trainingworkplace violence What are the steps has to be taken to reduce workplace violence?How to Prevent Workplace Violence. Perform background checks on new employees. ... . Create a workplace policy on violence and harassment. ... . Employee training and action plan. ... . Recognize the warning signs. ... . Provide a clear and safe way for employees to report warning signs. ... . Use preventative measures.. What is the best way to proactively manage workplace violence?Managers must effectively communicate a zero-tolerance policy for violence and encourage employees to report any possible or observed incidents.
What is the first step in managing workplace violence?The first step in preventing workplace violence is conducting a risk assessment. If the assessment shows that there is a risk of violence, the employer must develop and implement a workplace violence prevention program.
What are the five steps to managing violence and aggression?Five steps to defuse occupational violence. Recognise that you are experiencing occupational violence as this allows you to immediately choose your response. ... . Stay calm. ... . Listen and Clarify. ... . Time out. ... . Document and report.. |
