Weitere ähnliche Inhalte Ähnlich wie How to Prevent, Prepare, and Respond to Workplace Violence (20) Mehr von KPADealerWebinars (20) Kürzlich hochgeladen (20) How to Prevent, Prepare, and Respond to Workplace Violence1. How to Prevent, Prepare, and
Respond to Workplace Violence
N. Victoria Holladay, Esq
FordHarrison LLP
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5. ©2012 FordHarrison LLP, All rights reserved.
WORKPLACE VIOLENCE
SUPERVISORS’ PRACTICAL PREPARATION
AND RESPONSE
KPA WEBINAR
July 26, 2012
by N. Victoria Holladay, Esq.
FordHarrison LLP
795 Ridge Lake Boulevard, Suite 300
Memphis, Tennessee 38120
901.291.1500
vholladay@fordharrison.com
www.fordharrison.com
6. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
Researchers have divided workplace violence into
four categories:
7. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
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.
8. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
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.
9. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
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.
10. ©2012 FordHarrison LLP, All rights reserved.
TYPES OF WORKPLACE VIOLENCE
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.
11. ©2012 FordHarrison LLP, All rights reserved.
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
12. ©2012 FordHarrison LLP, All rights reserved.
PROFILE OF A VIOLENT EMPLOYEE
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
13. ©2012 FordHarrison LLP, All rights reserved.
PROFILE OF A VIOLENT EMPLOYEE
Other factors (cont’d)
• Violation of safety procedures
• Fascination with weapons
• Depression
14. ©2012 FordHarrison LLP, All rights reserved.
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
PROFILE OF A VIOLENT EMPLOYEE
15. ©2012 FordHarrison LLP, All rights reserved.
Moral of the Story
Overall impact/cost to business in reacting after an
incident staggering vs. the cost of focusing on
preventing incident.
PROFILE OF A VIOLENT EMPLOYEE
16. ©2012 FordHarrison LLP, All rights reserved.
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
17. ©2012 FordHarrison LLP, All rights reserved.
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
18. ©2012 FordHarrison LLP, All rights reserved.
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
19. ©2012 FordHarrison LLP, All rights reserved.
PREVENTATIVE MEASURES
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
20. ©2012 FordHarrison LLP, All rights reserved.
PREVENTATIVE MEASURES
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
21. ©2012 FordHarrison LLP, All rights reserved.
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
PREVENTATIVE MEASURES
22. ©2012 FordHarrison LLP, All rights reserved.
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
PREVENTATIVE MEASURES
23. ©2012 FordHarrison LLP, All rights reserved.
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
24. ©2012 FordHarrison LLP, All rights reserved.
DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES
• 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
25. ©2012 FordHarrison LLP, All rights reserved.
• 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
DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES
26. ©2012 FordHarrison LLP, All rights reserved.
• 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
DISCIPLINE AND DISCHARGE OF
VIOLENT EMPLOYEES
27. ©2012 FordHarrison LLP, All rights reserved.
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
28. ©2012 FordHarrison LLP, All rights reserved.
• 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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
29. ©2012 FordHarrison LLP, All rights reserved.
– 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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
30. ©2012 FordHarrison LLP, All rights reserved.
– 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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
31. ©2012 FordHarrison LLP, All rights reserved.
• 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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
32. ©2012 FordHarrison LLP, All rights reserved.
– Secure personal safety
cooperate fully with law enforcement personnel
if personally confronted, use procedures in
Level 2
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
33. ©2012 FordHarrison LLP, All rights reserved.
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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
34. ©2012 FordHarrison LLP, All rights reserved.
• Considerations for Management
– Be sensitive
– Observe the different stages
– Be tolerant of temporarily reduced productivity
– Do not joke or trivialize the event
– Offer support
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
35. ©2012 FordHarrison LLP, All rights reserved.
• 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
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
36. ©2012 FordHarrison LLP, All rights reserved.
• Handle Media Appropriately
– Control information provided
– Appoint one contact person with expertise
– Consult legal counsel
CONFRONTING VIOLENCE AND
MANAGING EMPLOYEE TRAUMA
38. Contact Information
– KPA CONFIDENTIAL –
The recorded webinar and presentation slides
will be emailed to you today.
www.kpaonline.com
Becky Ross
bross@kpaonline.com
866-356-1735
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