OSHA’s Workplace Violence Policy

2. OSHA’s Workplace ViolencePolicy WITC - 4th Annual Safety Day New Richmond, WI April 11, 2013 Mary Bauer CSP, CIH Compliance Assistance Specialist Eau Claire, WI 54701

3. Bios & Contacts • Mary Bauer – Eau Claire Area OSHA Office Compliance Assistance Specialist (CAS) 1310 West Clairemont Ave Eau Claire, WI 54701 715-832-9019 bauer.mary@dol.gov • Compliance Officer for 20 Years • CAS for 7 Years • All in Eau Claire Area Office • CIH: Certified Industrial Hygienist • CSP: Certified Safety Professional

4. Today’s Topics: • Is there a Workplace Violence (WPV) problem? • What are the 4 types or sources of WPV? • What does OSHA require? • What are some resources?

5. True or False: Violence is the leading cause of death on the job. • False! • The leading cause of death on the job is vehicle accidents. • Violence is the SECOND leading cause…in the nation.

7. True or False: Homicide is the leading cause of death for women in the workplace. • TRUE!

8. What Is Workplace Violence?(Note the subjective nature of 2-4 ….BULLYING?) • Physical Assault - Sexual (Rapes) • Threatening Behavior • Verbal Abuse • Harassment

9. Kraft: Philly, PA Hiller had been suspended the evening of Sept. 9, 2010, the night of the shootings, after making violent, profanity-laced threats against co-workers. But she returned from her car minutes later with a loaded .357 Magnum

10. August 8, 2012-Milw, WI • Wisconsin Supervisor Killed During Meeting with Worker • A Milwaukee, Wis., plant supervisor was gunned down while meeting with a disgruntled employee who then killed himself, but police said they don’t yet know what specifically sparked the shooting. • George Hites, 58, of Milwaukee, was shot multiple times about 6 p.m. on Aug. 2 at Trans-Coil International, the Milwaukee Journal Sentinel reported. He was pronounced dead at a hospital. • The shooter — identified as 23-year-old ThaivXiong of Milwaukee — was found inside the plant with a gunshot wound to the head. A handgun was recovered at the scene.

11. Minneapolis, MN …was late to work 35 days in a row in August and September. A week before the incident, the company's quality control manager sent Engeldinger a letter calling his constant tardiness was a problem that needed to be "rectified immediately." It was the most recent in a string of warnings he received. who killed six people

12. WI Salon Shooting • Four dead in Wisconsin salon shooting, including gunman October, 2012 • Seventeen days ago, Radcliffe Haughton allegedly slashed his wife's tires outside a suburban Milwaukee salon. • Three days ago, the 45-year-old man was issued a restraining order mandating that he stay away from her for the next four years.

13. Recommendations • Some of Mr. Plansky’s recommendations include: • -Implement workplace violence program whereby employees are trained to act as “eyes and ears” and report any suspicions to human resources or designated superior • -Introduce an anonymous hotline for tips from employees • -Before firing an employee, prepare with background research: Is he or she combative? Have a license to carry fire arms? Going through personal distress? Have a history of mental illness? • -When firing an employee, coordinate termination of key card and IT access; do not let the employee return to desk to collect personal belongings • -When firing an employee, offer support such as career or resume counseling. Avoid firing an employee on a Friday because he or she will spend all weekend “stewing” without support • -When firing an employee, offer severance that is paid out over a period of time – such as six months – to encourage good behavior while giving the employee time to cool down

14. 4 Categories of WPV • Strangers Committing Robbery/Criminal • Customers, Clients, or Patients • Employees and Supervisors (Internal) • Domestic Partners or Relatives of Employees

15. OSHA’s Directive

16. Inspections • Complaints, Referrals, Fatality/Catastrophic • Known Risk Factors • Delivery of Goods “Bearer of Bad News” • Working Alone • High Crime Areas • Industry/Employer High Risk Identification • Night Retail Service Industry • Healthcare • Feasible Abatement Method

17. Inspection Information • Hazard or Risk Assessment • Controls in Place • Previous Incidences: • Injuries on Log • Police Reports • Worker Training • Disciplinary Action Taken • Employee Interviews

18. General Duty Clause • Section 5(a)(1) of the Occupational Safety and Health Act provides "...that each employer shall furnish...employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

19. 5(a)(1) Elements Employee Exposure Serious Hazard Knowledge Abatement Method Recognition

20. Expectations? • Develop a Comprehensive Written Plan • Implement Engineering Controls • Physical Barriers • Locks • Lighting • Implement Administrative Controls • Additional Staffing • Limit Hours • Training • Employee Rights • Reporting Procedures • Investigation Techniques and Possible Solutions

21. Reporting System • Employees need to Report “Hazards” and “Near Misses” • List of Warning Signs • Supervisors need to Identify Unsafe Conditions • Investigate all Concerns • Multi-Disciplinary Team

22. Written Procedures • Zero Tolerance Policy • Building Access - Keys/Locks (Policy) • Investigate Assaults – Injuries - Concerns • Building & Vehicle Security-Lighting • Reporting Methods and Levels • Inform Supervisor • Safety Office 14

23. Warning Signs/Behavioral Displays • Challenges Authority • Under Influence of Drugs/Alcohol at Work • Makes Verbal Threats • Takes Obsessive Interest in Co-worker • Blames Others For Own Problems/Failures • Tries to Intimidate • Total Disregard or Extreme Obsession With Personal Hygiene 8

24. Supervisor’s Responsibilities • Enforcing Rules/Regulations/Standards • Identifying Unsafe Conditions/Practices • Investigating Injuries/Illnesses • Assuring Medical Attention for Employees • Initiating Disciplinary Action • Employee Training 11

25. Human Resources • Responding To Employee Concerns • Thoroughly Investigating All Complaints • Protecting Employee Rights • Creating A Violence Free Environment • Offering Recourse To Address Concerns • Providing Professional Counseling 12

26. Top Management Supervisors Employees Organizations Safety EAP Union Human Resources Committees Safety Emergency Preparedness Local Authorities Police Multi- Disciplinary Team 13

27. Your Right to… Workers have the right to be free from retaliation for exercising safety and health rights. Workers have a right to seek safety and health on the job without fear of punishment. This right is spelled out in Section 11(c) of the OSH Act. Workers have 30 days to contact OSHA if they feel they have been punished for exercising their safety and health rights. 27

28. Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failure to hire or rehire Intimidation Reassignment affecting future promotions Reducing pay or hours Section 11(c) Discrimination can include:

29. http://www.osha.gov/SLTC/workplaceviolence/index.html

30. State of MN

31. Oregon State PlanFREE ONLINE TRAINING!!!

32. Eau Claire Area OSHA Office • Office/Vehicle Damage (Criminal) • Customer/Client • Personal Relationship • Divorce

35. QUESTIONS

36. Disclaimer • This information has been developed by an OSHA Compliance Assistance Specialist and is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics or hazards, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.