Workplace Violence for Public Employees

1. Workplace Violence forPublic Employees

2. Why do you need this course? On June7,2006 New York State enacted Article2 Section 27-b of the NYS Labor Law entitled The Workplace Violence Prevention Act for Public Employees. This law requires public employers to develop and implement a Workplace Violence Prevention Plan. Employers with 20 or more employees must develop their plan in writing. Schools covered under the school safety plan requirements of the education law are exempt from this requirement.

3. What is Workplace Violence? 12 NYCRR Part 800.6 defines workplace violence as “Any physical assault, threatening behavior, verbal abuse occurring where the public employee performs any work related duty in the course of his or her employment. Various high profile cases affecting NYS public sector included: • The death of four Watkins Glen social service who were murdered by a client whose check was being garnished for non payment of child support • The murder of a Buffalo Mental health intensive case manager by a patient during a home visit • The stabbing of a state public relations officer in her office by a citizen who was enraged by certain state policies/

4. High profile events like these represent a tiny fraction of workplace incidents. The majority of incidents in the public sector include assaults, verbal and non verbal threats from customers, patients, clients, co-workers and inmates. • For first responders the offender may very well be the person or people they were called upon to assist, • It is very important that those who are establishing Workplace Violence prevention Plans understand the different types of violence and the varying types of responses they require.

5. Typology of Workplace Violence • The typology of workplace violence was developed by California OSHA and it describes the relationship between the perpetrator and the target of the violence.

6. Definition • Workplace violence is any physical assault, threatening behavior or verbal abuse in the work setting • A workplace may be any location either permanent or temporary where an employee performs any work related duty. • Workplaces include but are not limited to the buildings, surrounding perimeters, including parking lots, field locations travelling to and from assignments. • For the Fire/ EMS service crew cabs on apparatus, on alarm locations (fire location, highway incidents, victim/aided home, etc.).

7. Types of Violence • Beatings • Stabbings • Shootings • Rapes • Psychological Abuse • Cyber Attacks • Threats – Obscene Phone calls • Intimidation, Stalking, Harassment of any nature

8. Typology of Workplace Violence • Type 1 Criminal Intent • Violent acts by criminals who have no other connection with the workplace but enter to commit a robbery or other crime. • Such violence accounts for the vast majority (nearly 80%) of workplace homicides. The motive is usually theft. • In many cases, the criminal is carrying a gun or other weapon, increasing the likelihood that the victim will be killed or seriously wounded. • An example of a Type 1 Workplace Incident is the hostage taking and robbery committed at a New York State Department of Motor Vehicles License and Violations Center

9. Typology of Workplace Violence • Type 2 Customer/client/patient • Violence directed at employees by customers, clients, patients, students, inmates or any others whom the public employer provides a service to. • This is the predominant type of violence in an institution type setting to healthcare, social services and EMS providers. • Type 2 includes violence directed at employees by customers, clients, patients, students, inmates or any others for whom an organization provides services for. • Such violence can be very unpredictable. • It may be triggered by an argument, anger at the quality of service, denial of service, delays or some or precipitating event.

10. Typology of Workplace Violence • Type 3 Co-Worker • Violence against coworkers, supervisors, or managers by a present or former employee or member of your organization. • Often predicated by internal/external pressures, long hours, membership requirements which may increase stress and interfere with an individual’s ability to cope.

11. Typology of Workplace Violence • Type 4 - Personal • Violence in the workplace by someone who doesn’t work there, but has a personal relationship with an employee. This refers to domestic violence situations and is usually perpetrated by an acquaintance or family member while the employee is at work. • Visiting spouses, friends at stations, FD sponsored activities i.e. fund raisers, conventions

12. Extent of the Problem • Job related homicides were the 3rd leading cause for all workers • The #1 cause of occupational death for all female workers • The #2 cause of occupational death for male workers • Regardless of the type of workplace violence, the chances for prevention improve with increased awareness of potential warning signs and rapid response to a potential problem.

13. Extent of the problem • No one can predict human behavior, and there is no specific “profile” of a potentially dangerous individual. However, studies indicate that incidents of violence are usually preceded by patterns of behavior or other activities that may serve as warning signs. • While there are no fail safe measures to ensure that violence will never occur, early action and intervention can serve to defuse a potentially dangerous situation and minimize risk of violence.

14. Warning Signs • Increased use of alcohol and or illegal drugs • Unexplained increase in absenteeism • Noticeable change in appearance • Depression/ Withdrawal • Resistance and overreaction to changes in policy • Repeated violations of company policies • Severe mood swings • Noticeably unstable, emotional responses • Explosive outburst of anger or rage w/o provocation

15. Warning Signs • Suicidal comments • Behavior which is suspect of paranoia • Increasingly talks of problems at home • Escalation of domestic problems in the workplace • Talk of previous incidents of violence • Empathy with individuals committing violence • Increase in unsolicited comments about firearms, other dangerous weapons and violent crimes

16. What is required by the law • Every public employer should perform a risk assessment and evaluate their workplace to determine the presence of risk factors or situations that might place employees at risk.

17. What is a risk assessment • A risk assessment is an inspection or examination of the workplace to find existing or potential hazards (Risk Factors) for workplace violence. • This can include: • Looking at previous incidents: try to identify patterns or trends which occurred in your workplace • Survey members at all levels regarding violent incidents (reported and unreported). • Review your occupational injury and illness logs, also incident reports to identify injuries resulting from violence.

18. Risk factors for FD/PD and EMS • Contact with the public • Working alone in small numbers and in remote locations • Civil Disturbance or other crime scenes • Dispatcher working alone • Working off shift and/or odd hours

19. Risk factors • Prevalence of handguns and other weapons among the public, employees, or clients. • Solo work , often in remote locations • High crime settings with no backup or means of obtaining assistance such as communication devices or alarm systems. • Lack of training in recognizing and managing escaltaing hostile behavior and aggressive behavior.

20. Domestic violence • Domestic violence is a pattern of coercive tactics which can include physical, psychological, sexual, economical and emotional abuse perpetrated by one person against an adult intimate partner with the goal of establishing and maintaining power over the victim. • Some abusive partners may try to stop women from working by calling them frequently during the day or coming to their place of employment unannounced. • Research indicates that about50% of battered women who are employed are harassed at work by their abusive partners.

21. Privacy policy for DV in the workplace • Anti-Violence policies work best when there is also a general policy of confidentiality letting the victim know that the confidentiality will be maintained to the extent possible and underscore safety and respect for privacy. • De - Stigmatize domestic violence to increase reporting Custody disputes, divorce, separation and other incidents.

22. Policies and procedures • Establish best security practices • Define goals and structure of security program • Educate personnel • Establish security culture • Maintain compliance with any regulations • Informational materials/signage • Partnership with local resources

23. Prevention • The best prevention strategy is to maintain an environment that minimizes negative feelings, such as isolation, resentment and hostility among employees. • Although no workplace can be perceived as perfect by every employee, management can help create a professional, healthy and caring work environment.

24. Prevention Tips • Promote sincere, open and timely communication among managers, employees and members. • Offer opportunities for development in your profession • Foster family friendly work environment • Maintain mechanisms for complaints and concerns and allow them top be expressed in a nonjudgmental forum that includes timely feedback to initiator. • Promote “Quality of Life” issues such as pleasant facilities and job satisfaction. • Maintain impartial and consistent discipline for employees who exhibit improper conduct and poor performance.

25. Prevention and security • Maintaining a secure and physically safe workplace is part of any good strategy for preventing workplace violence. • Security can include but is not limited to: • Employee photo identification cards • Onsite guard service • Guard force assistance in registering and directing visitors in larger facilities • Employees should notify the appropriate security officer or designated police about suspicious persons on property • Additional law enforcement assistance is available through local police departments for emergency situations

26. Reporting procedures • Report violent acts or threats of violence to your immediate supervisor. • Information regarding a threat of a harmful act, where you reasonably believe that the circumstances may lead to a harmful act, should be reported immediately. • All reports of incidents involving workplace violence will be taken seriously and dealt with appropriately. • Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal penalties, civil litigation, or all of the above.

27. Confidentiality policy • Managers and supervisors should preserve the confidentiality of employee complaints • Share information only with those who have a need to know in order to carry out official business. • Protect incident reports, related information and the privacy of persons involved, just as in other sensitive and confidential matters. • However, there is an exception when there is evidence of a direct threat or potential harm to self or others.

28. Employee assistance plan (EAP) • There are many avenues and types of support services available to prevent workplace violence. • Some forms of prevention include: • Stress management programs • Enhanced communication between management and employee • Health professionals

29. Education component • Education and communication are also critical components of any prevention strategy. • In addition to workplace violence training such as this course, educational offerings on the following topics may be useful: • Communication • Conflict resolution • Anger management • Stress reduction

30. Warning sign levels • Warning signs of violent behavior may be classified into three levels. • Not everyone exhibiting warning signs will become violent. However, no warning sign should be completely ignored. Any one or combination of warning signs, at any level, may indicate a potentially violent situation. • Level 1: Intimidation • Level 2: Escalation • Level 3: Further Escalation

31. Level 1 intimidation • In Level 1, the person exhibits behaviors that are: • Discourteous and or disrespectful • Uncooperative • Verbally abusive

32. Level 1 Employee Responses • Observe and document the behavior in question. • Report his or her concerns to the supervisor to seek help in assessing and responding to the situation. • One technique for addressing the situation in a respectful manner and establishing limits with the offending coworker is the ise of “I” statements, such as” • “I don’t like shouting, please lower your voice.” • “I don’t like it when you point your finger at me.” • “I want to have a good working relationship with you.”

33. Level 1 supervisor responses • The supervisor should meet with the offending employee to discuss the concerns. • If the offending employee is the reporting employee’s immediate supervisor, the employee should notify the next level of supervision. • If the offending person is not an employee, the supervisor of the employee reporting the incident is still the appropriate individual to receive the information and provide initial response

34. Level 2 escalation • Argue with customer, vendors, coworkers or management. • Refuse to obey agency policies or procedures. • Sabotage equipment or steal property for revenge. • Verbalize wishes to hurt coworkers or management. • Stalk, harass or show undue focus on another person. • Make indirect or direct threats to coworkers or management (in person, in writing, by phone, etc.) • View themselves as victimized by management and talk about getting even.

35. Level 2 employee responses • Call 911, if warranted • Secure the safety of self and others, if necessary • Immediately contact the supervisor • Document the observed behavior in question

36. Level 2 supervisor responses • The supervisor should consult with officials, such as functional area experts, for help in assessing/responding to the situation. • Avoid an audience, Remain calm, speak slowly, softly and clearly. • Ask the employee to sit, to see if he or she is able to follow directions • Ask questions about the complaint, such as: • What can I do to help you regain control? • What do you hope to gain by committing violence? • Why do you believe you need to be violent to achieve your goal?

37. Level 3 further escalation • Level 3 usually results in some form of emergency response. IN such cases, the person displays intense anger resulting in: • Suicidal threats • Physical fights or assaults of coworker(s) or manager(s) • Damage or destruction of property • Concealment or use of a weapon to harm others • Display of extreme rage or physically aggressive acts, throwing or striking objects, shaking fists, verbally cursing at others, pounding on desks, punching walls or angrily jumping up and down

38. Level 3 responses • Call 911 or other appropriate emergency contact for your facility. • Secure your personal safety first – leave the area if safety is at risk. • Remain calm and contact your supervisor. • Contact others who may be in danger. • Keep emergency numbers for employees up to date and accessible. • Cooperate with law enforcement personnel when they have responded to the situation. Be prepared to provide a description of the violent of threatening individual, details of what was observed and the exact location of the incident.

39. Violence intervention techniques • When an employee exhibits signs of violence and the situation is not life threatening, defuse the anger by using the following techniques: • Meet with the employee in private to discuss the inappropriate behavior. Build trust by listening and treating the employee with respect. • Do not argue, get defensive or be sarcastic. • Take all threats or acts of violence seriously. • Counsel the employee about the misconduct and how it affects the work of other employees, with a specific warning on future disciplinary action if behavior continues

40. Defusing strategies • Adrenal Cocktail – Do not escalate • Stay calm, confident • Speak slowly and clearly • Lower your voice • Listen • Create some space • Adopt a no-threatening body posture (open) • Reduce eye contact and keep both hands visible • Avoid audiences when possible

41. Verbal de-Escaltion • Verbal de-escalation tactics that are non physical skills used to prevent a potentially dangerous situation from escalating into a physical confrontation or injury

42. De-escalation techniques • Reasoning with an angry person is not possible. • The first and only objective in de-escalation is to reduce the level of agitation so that discussion becomes possible. • De-Escalation techniques are inherently abnormal. • They go against our natural “fight or flight” reaction. • To be effective, we must remain calm and centered. • We need to be professionally detached. • THIS SKILL REQUIRES PRACTICE

43. Verbal and non verbal techniques • Distract the other person • Re- Focus the person • Give choices • Listen and emphasize • Set limits • Control your breathing, voice, body language and vocabulary

44. Should violence occur • Sometimes, despite everyone’s best efforts to defuse a situation, actual violence occurs. • If this happens, remain calm and do not put yourself or any staff member in a position to be injured. • Call the appropriate officials for assistance. • Once danger has passed, take appropriate disciplinary action.

45. Disciplinary action for extreme misconduct • In cases of extreme misconduct, the supervisor should meet with the employee and advise him or her that the conduct is unacceptable and access to the premise has been restricted until further notice. • The employee is escorted from the building by security, and keys and ID are confiscated. • The employee is place on leave until it is decided what, if any, action will be taken against the employee. • An investigation is conducted to determine whether further action is warranted, such as suspension or removal, or some lesser action as appropriate.

46. Disciplinary Action for less extreme misconduct • For less extreme misconduct, a first offense should result in counseling between the supervisor and employee, as well as a verbal or written warning, • In case of a second non-extreme offense, a letter of reprimand should be placed in the employee’s Official Personnel Folder. • A third offense should result in a proposed suspension or proposed removal, as determined appropriate.

47. Managing consequences of violence • Tend to medical and psychological needs • Report incident to law enforcement • Secure work area • Notify families of individuals affected

48. Recovering from violence incidents • Short and long term trauma • Fear of returning to work • Changes in relationships with coworkers and family • Feelings of incompetence, guilt or powerlessness • Fear of criticism by leaders or supervisors

49. Debriefing and after action reports • If violence in the workplace occurs, provide the necessary psychological support for staff, patients, members, etc • Provide a debriefing session • Write up incident using corrective action format so the organization can learn lessons from the event • Identify areas of improvement.

50. References • FEMA Courses: • IS 106.11 Workplace Violence Awareness Training • IS- 906 Workplace Security Awareness • New York State Department of Labor