Workplace Violence

Safety Through Prevention

Setting A Policy

Open your eyes and you’ll see it,

Open your ears and you’ll hear it!
10/08

David R. Thomas M.S.

Johns Hopkins University
 Goal of Workplace Violence
Training
 Develop an understanding of domestic violence
and its impact on the workplace
 Develop policies in the workplace that address
domestic violence
 Develop a coordinated response to domestic
violence in the workplace
 Develop employees’ awareness and skill in
recognizing, responding to, and supporting
employees who are victims of domestic violence
 Definitions
 Workplace violence is any; physical
assault, threatening behavior, or verbal
abuse occurring in the work setting

 A work setting is any location either

permanent or temporary where an employee
performs any work related duty
 Definition Cont’d
 This includes, but is not limited to, the
buildings, the campus, vehicles and any
area under the supervision of the entity.
 Workplace Violence Includes:
 Beatings
 Stabbings  Threats or obscene
phone calls
 Suicides
 Intimidation
 Shootings  Harassment of any
 Rapes nature
 Near-suicides  Being followed,
sworn or shouted at
 Psychological
traumas
 Types of Workplace Violence
Violence by:
- Strangers
- Co-Workers
- Personal Relations
Categories and Analyses of Threats
 Threat from strangers

 Threat from business associates

 Threat from co-workers

 Threat from domestic relations

 Understanding The Problem
Domestic Violence in MD

 Domestic violence related crimes

 Every 5 days
 1 in 4 women
Will it effect the workplace?
 Understanding The Problem
 26, 544 women
 One-fourth, or 6,636 women
 6000 state employees

Will it effect the workplace?

 Domestic Violence Overview

 Clarifying what domestic violence is:

 And what domestic violence is not:

It is exerted through physical, psychological

and/or economic means.
 “Relationship” defined
In the context of discussing domestic
violence, intimate relationships are ones in
which heterosexual or homosexual partners
are involved and which have, or had, a
sexual relationship or emotional
relationship.
 Relationship Abuse
 A disagreement?
 An anger management problem?
 A relationship with “ups and downs?”
 Pattern of violent behaviors
 Utilized in intimate relationships
 May result in injury and/or death
 Includes verbal, sexual, and economic
control over another person
 Domestic Violence
Who are the victims of domestic violence?
 There is no typical victim
 Approximately 3.3 million children a year
witness violence against their mothers
 In one study, 23.8% of shelter victims
reported observing animal cruelty by their
abusers
 Do Women Abuse Men?
Women do use violence in intimate
relationships.
They both initiate violence and use violence
in self-defense.
Women do controlling things in relationships
and can be abusive to their partners.
 Women’s Use Of Violence
Yet, when we look at and study women’s violence
in intimate relationships we find that women do
not typically accompany their violence with
intimidation, rape, and coercion, even in abusive
relationships.
Violence is not an effective tool for most women.
While women use violence, they use it in very
different ways.
 Profile of Domestic Violence
Victims
Domestic violence crosses ethnic, racial, age,
national origin, religious and socioeconomic
lines.
 Approx. 4 million American women
experience a serious assault by an intimate
during an average 12 month period
 25-50% of all marriages experience
violence in the relationship
 Profile of Domestic Violence
Victims
 65% of intimate homicide victims physically
separated from their abuser
 25-50% of pregnant women are battered
 Up to 50% of all homeless women and children
are fleeing domestic violence
 An average of 28% of high school and college
students experience dating violence
 27% of domestic violence victims are children
Effects of Domestic Violence on
Children
Patterns of violent behavior are passed from one
generation to the next.
Approximately 30% of boys who witness violence in
the home grow up to abuse.
Sons witnessing their fathers’ violence have a
1,000% higher rate of wife abuse.
The majority of abused women who use shelter
services bring their children.
72% brought children with them with 21%
accompanied by three or more kids
 Understanding Domestic
Violence
THE CYCLE OF VIOLENCE

Tension Building Phase

Serious Battering Phase

Honeymoon Phase
Domestic Abuse Intervention Project
 WHY DO VICTIMS STAY?
 Threats  Love
 Fear  Children
 Stalking Victim  Religion
 Retaliation  Preservation Of Family
 No Place To Go/Hide  Hope
 Economic Dependency  Denial
 Lack Of Resources  Shame
 Lack of Support  Guilt
 No Relationship Role
Models
 Remember

“In an abnormal situation, it is

normal to respond in abnormal
ways!”
Victor Frankl
Concentration Camp Survivor
 VICTIMS
 The weight of multiple harms
 Cumulative effect
 Leaving is a process not an event
 Their safety is at greatest risk when they
try to leave or “participate” in criminal
justice process
 They leave in greater numbers than
“unhappy spouses”
 They don’t pick batterers.. batterers pick
them!
 Abuse And The Excuse

 Mental illness
 Loss of control
 Anger problem
 Alcohol/substance abuse
 Why Abuse?
The claim: Anger is the problem
The fact: 5 to 7% of batterers
cannot control their anger

The claim: I just lost control

The fact: 5 to 10% have poor
impulse control
 Perpetrators Believe:
 Entitled to control their partner
 Partner is obligated to obey them
 They get what they want through violence
 They are moral people even if they use
violence
 Will not suffer significant adverse physical,
legal, economic or personal consequences
 Myths or Facts About
Domestic Violence?
 Domestic violence effects only a small
proportion of the population
 Battering is only a momentary loss of
control
 Victims of domestic violence like to be
beaten
 Victims of domestic violence have
psychological disorders
 Myths or Facts
 Low self-esteem causes victims to be involved
in abusive relationships
 Victims of domestic violence never leave their
abusers, or if they do, they just get involved in
other abusive relationships
 Perpetrators abuse their partners or spouses
because of alcohol or drug abuse
 Perpetrators of DV abuse their partners
because they are under a lot of stress
 Myths or Facts
 Law enforcement and judicial responses,
such as arresting perpetrators or issuing
civil protective orders, are useless
 Children are not effected when one parent
abuses the other
 Domestic violence is irrelevant to parental
fitness
 Why a workplace issue?

If a domestic violence victim leaves their

abuser, where do you think the abuser
would have more difficulty locating them,
at a new residence or at work?
 National Benchmark Survey
2005
The Impact of DV on the American Workplace
 “Very important issues” ranking
 “Very aware”
 Experienced impact of DV on the
workplace.
 Identified self as victims
 Socio-economic status
Domestic Violence Report, Vol. 11, No. 4, April/May 2006
 Is Workplace Violence Really a
Problem?
Look at the facts:
 Domestic Violence cost big business $5-8
Billion annually
 74% of employed battered women are
harassed at work
 56% are late at least five times per month
 28% leave early at least five times per
month
Economic Impact of
Workplace Violence
Cost
 500,000 employees 1,175,100 lose
work days each year
 Lost wages: $55 million annually
 Lost productivity, legal expenses,
property damage, diminished public
image, increased security:
$BILLIONS $
 Domestic Violence & The
Workplace
 54% miss at least three full days of work a
month
 24-30% of domestic violence victims lost their
jobs
 Workplace violence has tripled in the last decade
 Among workplace violence victims who took
some type of protective action more that 80%
believed it helped the situation
Statistics on Workplace Violence
 Homicide is the second leading cause
of death in the workplace
 In 1997, there were 856 homicides in
America’s workplaces
 Assaults and threats of violence
number almost 2 million a year
Statistics
 Most common form of violence was
simple assaults: 1.5 million a year
 Aggravated assaults: 396,000
 Rapes and sexual assaults: 51,000
 Robberies: 84,000
 Homicides: nearly 1,000
 Assaults and Homicides

1600000
1400000
1200000
simple assaults
1000000 aggravated assaults
800000 rapes, sexual assaults
600000 robberies
homicides
400000
200000
0
 National Benchmark Survey
 64% “Significantly Impacted”
 26% “Somewhat Impacted”
How?
 Distracted
 Fear of Discovery
 Harassment @ work by intimate
 Lateness
 Fear of unexpected visits by intimate
 Inability to complete assignments
 Job loss & Problems with boss
 National Benchmark Survey
Impact on Co-Workers
 27% - Extremely to somewhat frequently
had to do victim’s work
 31% - Strongly to somewhat obliged to
cover for the victim
 25% - Resented co-worker due to the effect
of the situation on the workplace
 38% - extremely to somewhat concerned
for their personal safety
 Victims Work Experience
 25% written up/fired
 61% employers unaware
 85% abuse affected job
 85% utilized health care system
 25% stalked at work
 7% never returned to work
(Survey Report by Violence Free Families committee on Workplace
Violence, August, 2002, Springfield Missouri)
 Predictability
Violence doesn’t usually just happen,
like the weather, it’s predictable.

80% of workplace violence is

domestic violence related.
 Predictability
Corporate America
 “Violence can’t happen here”
 Employee Pool
 Society
 Predictability
 Sexual harassment training
 Senior executives were included.
 Domestic/workplace violence education.

This must be committed to by workplace

executives;
for if they are committed,
change will occur.
 Predictability
Two documents a perpetrator will walk
around with before an incident are the
Grievance Procedure Manual and the
Corporate Personnel Manual.
These individuals will read these documents
and take them literally.
They will know it as well as anyone. These
are red flags.
 Predictability
Many times it is Management v. Union,
perpetrators use the union to protect them.
 Polaroid
 63 years
 Close Knit Community
 Disgruntled Worker
 Multiple Injuries
 History of domestic violence
 Numerous run-ins with management
 Polaroid
 Employee Fired
 Questions Addressed:
1. Has Polaroid ever responded this way to
workplace violence?
2. Has an employee of Polaroid ever been fired for
workplace violence?
3. Has the company ever documented any incidents
of workplace violence?
4. Were there ever any incidents of workplace
violence by this employee?
5. Were these incidents documented?
 Polaroid
How do you think the court ruled?

What did Polaroid learn?

What changes did they make?

 National Benchmark Survey
Employer Readiness
 31% - no programs, support of help
 23% - given access to counseling and assistance
 18% - provided information and referral to DV
programs
 18% - provided flexible leave and other benefits
 12% - assisted in contacting authorities
 12% - provided security
 How Do You Prepare?
Three things that you should look at are
1. The personnel manual
2. The grievance procedure
3. The company news letter/paper
They will tell you about the company
culture, about what’s happening, what’s
expected, and how far employees may go.
 Preparation
Check to see:
 How many policies deal with workplace
violence?
 How responsive is the company to acts of
violence?
 Does the company allow you to fire
someone on the spot for assault?
 Preparation
 Take away options and choices
It is their goal to control options and choices.

 Isolation of management

The same thing that a perpetrator does at

home, he does at work.
 Preparation
As anger goes up the ability to think
declines.

The companies grievance procedure tells the

perpetrator who to deal with.
 Preparation
It is very important to remember that
violence does not just happen.

Individuals perpetuating workplace violence

want validation not help!
 Management's Role
Part of management's role is to create a safe
work environment.
This duty is dictated by the Occupational
Safety and Health Act (OSHA)
Respondeat Superior dictates that principals
(employers) are liable for the actions of
their agents (employees).
 Management’s Role
To put it simply:
“If the employer knows -- or should have
known -- of information indicating that a
person is a risk for committing violence,
the employer is responsible for any violent
acts that that person commits.”
What does that mean to employers?
 Liability
Respondeat Superior Liability
 Vicarious liability
 Acts unconnected to job duties
Direct Employee Negligence
 Negligent hiring or retention
1. Did the employer know (or should have known)
of propensity for violence
2. Acts need not to have been done within scope of
employment
 Liability
 Failure to act after proper notice
 Failure to warn an identifiable victim
Premise Liability
 General duty
 Reasonable steps
 Key Legal Issues
 The Effect of Worker’s Compensation
 The Effect of the Americans with
Disabilities Act and State Disability
Discrimination Laws
 Relationship to Privacy Laws
 Remedies Available Where an Employee is
Assaulted
 Court Cases
 Liability
What are the most recent results of actions
filed against employers who fail to meet this
standard?
Jury Verdicts on average:
Cases resulting in death $2.2 million
Cases involving rape/sexual assault $1.8 m
Cases involving assault $1.2 million
OSHA Guidelines
 OSHA Guidelines
 Not a new standard or regulation
 Advisory in nature and informational in
content
 Intended for use by employers who are
seeking to provide a safe and healthful
workplace through effective workplace
violence programs
 OSHA Guidelines
Based on OSHA’s Safety and Health
Program Management Guidelines
published in 1989
OSHA GENERAL DUTY CLAUSE:
SECTION 5(a)(1)
Each employer shall furnish to each of his
employees employment and a place of
employment which are free from recognized
hazards that are causing or likely to cause
death or serious physical harm.
This includes the prevention and control of
the hazard of workplace violence
OSHA General Duty Clause (cont’d)

OSHA will rely on Section 5 (a)(1) of the

OSH Act for enforcement authority
 Management’s Role
As a manager/supervisor it is incumbent upon you
to first educate yourself on domestic violence.
If you don’t have the answers,
at least know where to direct someone to get the
right answers.
When someone approaches you in crisis they need
help right then;
24 hours later may be too late.
 Management’s Role
Prepare yourself by:
 Knowing about resources in the community
 Keep up-to-date materials on hand and
around the work environment
 Let employees know you are available to
talk about DV concerns
 Management’s Role
Creating the safe work environment:
 Make management’s stand on DV clear
 Display educational materials throughout the
office
Informational materials include but are not
limited to:
 Pamphlets, Anti DV Posters
 Educational materials left discretely in
restrooms and lounges
 Educational department wide emails
 Management’s Role
In short,
management must make it clear to both
victim’s and perpetrator’s that
you will respond to DV in non-
judgmental ways.
 Management’s Role
At what point should a manager/supervisor
become involved without over stepping
his/her bounds?

The bottom line is:

If it effects the workplace,
a manager/supervisor needs to
address it.
 Workplace Violence
Prevention Program Elements

Management Commitment and

Employee Involvement
Training and Education
Recordkeeping and Evaluation
of Program
 Management Commitment
and Employee Involvement
 Complementary and essential
 Management commitment provides the
motivating force to deal effectively with
workplace violence
 Employee involvement and feedback-
enable workers to develop and express
their commitment to safety and health
 Management Commitment
 System of accountability for involved
managers, and employees
 Create and disseminate a clear policy of
zero tolerance for workplace violence
 Encourage employees to promptly report
incidents and suggest ways to reduce or
eliminate risk
 Ensure no reprisals are taken against
employees who report incidents
Management Commitment (cont’d)
 Outline a comprehensive plan for
maintaining security in the workplace
 Assign responsibility and authority for
program to individuals with appropriate
training and skills
 Affirm management commitment to
worker supportive environment
 Set up company briefings as part of the
initial effort to address safety issues
Talking to an Employee Who is
in a Domestic Violence Situation
You may not know what to say…..

You may feel that you don’t know the

employee well enough…..

You may have even previously approached

the individual and received a denial…..
Talking to an Employee Who is
in a Domestic Violence Situation
These are legitimate concerns.

Most victims deeply appreciate support from

their supervisors, even if they don’t say so.

Hearing your concern may make it easier for

her/him to escape the abuse.
Talking to an Employee Who is
in a Domestic Violence Situation
Victim’s may not disclose at your first
approach.

They may be too afraid or to embarrassed.

However,
your concern sends a message that you are
available to help when ready.
Talking to an Employee in a
Domestic Violence Situation
Upon disclosure you should communicate five
important messages to the employee:
 You are concerned for her/him and will
support them
 You will make every effort to keep the
information confidential
 You will assist in obtaining the appropriate
resources
Talking to an Employee in a
Domestic Violence Situation
 You are available to work with your
employee to increase his/her safety while at
work and to help balance work and personal
needs
 The employee will not be disciplined or
penalized in the workplace solely for being
a victim of domestic violence
 Signs an Employee is Being
Abused
 Repeated physical injuries
 Isolation
 Emotional distress
 Despondence or Depression
 Distraction
 Personal phone calls
 Absenteeism
 Signs of abuse
 Makeup
 Clothing
 Court Appearances
 Change of address
 Non-participation
Assessing the Situation: Possible
Pre-Indicator Red Flags
 Status of relationship
 Order of protection
 Arrest
 Alcohol/Drug
 Victim’s fear
 Weapons
 Suicide/Homicide
 Red Flags
 Children
 Symbolic violence
 Threats
 Strangulation
 Access
 Past physical violence
 Past relationship history
 Abuser’s personal situation
Employee Involvement
 Understand and comply with the workplace
violence prevention program and other safety
and security measures
 Participate in employee complaints or
suggestion procedures covering safety and
security concerns
 Prompt and accurate reporting of violent
incidents
 Supervising a Victim of
Domestic Violence
Methods of Employer Assistance
 Temporary changes in employee’s work
schedule or workstation
 Creative use of applicable leave policies
 Screen employees calls/emails or change
their number/address
 Security escorts to and from building
 Supervising a Victim of
Domestic Violence
 Ask the employee how they think you can
help them be safe at work
 Refer the employee to the local DV
provider
 If a protection order exist encourage
employee to give you a copy
 Supervising a Victim of
Domestic Violence
 Encourage employee to let you know in
advance if she/he can’t meet a deadline or
can’t handle a specific job function
 If your workplace has an employee
assistance program, encourage the
employee to get into contact with them
 Supervising a Perpetrator of
Domestic Violence
 Self disclosure
 Joking, harassing phone calls/faxes or
emails; threatening physical violence
Analysis of Worksite Violence Indicators
 ANY COMBINATION OF THESE INDICATORS MAY BE
CAUSE FOR REPORTING TO DESIGNATED
AUTHORITIES FOR FURTHER ACTION:
1) Past history of violent or threatening behavior
2) Co-worker’s reasonable fear of an employee
3) Statements of personal stress or desperation
4) Evidence of chemical dependency
5) An obsession with weapons/inappropriate statements of
weapons
6) Observed or perceived threatening behavior
7) Routine violations of department policy or rules
8) Sexual and other harassment of co-workers
9) Destructive behavior
10) Obsessed with retaliating against workplace for discipline
11) Showing little involvement with co-workers; a “loner”
12) Resistance or over-reaction to changes in agency policies
13) Significant changes in behavior or beliefs
14) Deteriorating physical appearance
15) Statements of excessive interest in publicized violent acts
16) Exhibiting behavior that may be described or perceived as
“paranoid”
 Supervising a Perpetrator of
Domestic Violence
Things to consider:
 Document any threats and/or violence in the
workplace. If necessary contact the police and
keep your supervisor apprised of the situation
 If the employee is utilizing work time or
resources, such as workplace phones, facsimile
machines or email to harass threaten or intimidate
another person, the employee should be subject to
disciplinary actions
 Supervising a Perpetrator of
Domestic Violence
 If situation at home is affecting his/her work
performance, make an appointment to meet with
the employee and discuss the problem (without
being accusatory)
 Before meeting with the employee, consider
whether you feel the employee could become
hostile or violent when criticized for poor work
performance. You may want to have another
supervisor present for the meeting
 Supervising a Perpetrator of
Domestic Violence
 You may want to also consider including
security personnel and/or the police if the
situation appears to be explosive
 If abuse is disclosed let them know that you
are concerned but that you can’t condone
the violence/behavior.
 Encourage them to contact the local DV
provider for help
 Guidelines for Discussing
Performance
 Clearly identify the performance problems
observed
 Tell the employee you understand that sometimes
“personal issues” can interfere with good
performance
 Where clear signs of abuse exist, gently
encourage the employee to discuss the problem
 Suggest ways to improve performance in writing
complete with suspense date’s
 Administrative and
Work Practice Controls
 State clearly to
clients/employees/others; violence will
not be tolerated or permitted
 Establish liaison with local police and
state prosecutors
 Require employees to report all
assaults and threats
 Set up trained response teams to
respond to emergencies
 Security Responses/Options
 Quick identification and reporting
 Clear instructions
 Lock doors
 Check-in
 Isolate public access areas
 Security guards
 Safe room
 Electronic access control
 Security Responses
 Local law enforcement
 Protocols
 Alert law enforcement
 Information flow
 Pre-arranged code
 Coordinated response plan
 Post-Incident Response

Provide comprehensive treatment for

victimized employees and employees who
may be traumatized by witnessing a
workplace violence incident
 Post-Incident Response
 Trauma-crisis counseling
 Critical incident stress debriefing
 Employee assistance programs to
assist victims
Training and Education
 Ensure that all staff
are aware of
Workplace
Violence potential security
Program
hazards and ways
of protecting
themselves
 Training and Education

Training program should involve all

employees, including supervisors and
managers
 Training and Education
 Workplace violence  Ways to prevent
prevention policy volatile situations
 Risk factors that  Standard response
cause or contribute action plan for
to assaults violent situations
 Early recognition of  Location and
escalating behavior operation of safety
or warning signs devices
 Setting up Your Policy
Questions to be Addressed
1. Appropriate questioning
2. Unwillingness to consent
3. Roles must be defined
4. Coordinator
5. Confronting the accused
6. What disciplinary action should be taken
7. Retaliation
8. Non-punitive supervision
 Setting up Your Policy
9. Notification
10. Defamation
11. Commitment
12. Invasion of privacy
13. Consultations
14. Increased security
15. Security
16. Employment decisions
 Setting up Your Policy
17. Guidelines
18. Documentation
19. Making Contacts
 Recordkeeping and Evaluation
 Recordkeeping and evaluation of the
violence prevention program are
necessary too determine overall
effectiveness and Identify deficiencies
or changes that should be made
 Recordkeeping
 OSHA Log of Injury and Illness (OSHA 200)
 Medical reports of work injuries assaults
 Incidents of abuse, verbal attacks, or aggressive
behavior
 Information on employees with history of violence
 Minutes of safety meetings, records of hazard
analyses, and corrective actions
 Records of all training programs
 Evaluation
 Establish uniform violence reporting
system and regular review of reports
 Review reports of minutes from staff
meetings on safety issues
 Analyze trends and rates in illness/injury
or fatalities caused by violence
 Measure improvement based on
lowering frequency and severity of
workplace violence
 Sources of Assistance
 OSHA Consultation Program
 OSHA Internet Site www.osha.gov
 NIOSH
 Public Safety Officials
 Trade Associations
 Unions and Insurers
 Human Resource and Employee
Assistance Professionals
David R. Thomas
410-516-9872
DRT@jhu.edu