Chapter 13

1. Chapter 13 Violence in the Workplace

2. Major Topics • Workplace violence • Risk reduction strategies • Conflict resolution • Do’s and Don’ts for supervisors • Emergency preparedness plan

3. Violence in the workplace: Occupational violent crime, employee, and outsider • Workplace Violence: Violent acts, behavior, or threats that occur in the workplace or are related to it. Such acts are harmful or potentially harmful to people, property, or organizational capabilities. • Occupational Violent Crime [OVC]: Intentional battery, rape, or homicide during the course of employment. • Employee: An individual with an employment-related relationship [present or past] with the victim of a workplace-violence incident. • Outsider: An individual with no relationship of any kind with the victim of a workplace-violence incident or with the victim’s employer.

4. Direct victims of workplace violence annually • Almost one million people are injured or killed in workplace violence incidents every year in the United States, and the number of incidents is on the rise. • According to the U.S. Department of justice, the workplace is the most dangerous place to be in the United States. • Clearly, workplace violence is an issue of concern to safety and health professionals.

5. Defend or refute: Employees who commit violent acts forfeit their rights and can be dealt with accordingly • Remember, the first thing that law enforcement officers must do after taking criminals into custody is to read them their rights. • This does not mean that an employer cannot take the immediate action necessary to prevent a violent act or the recurrence of such an act. • In fact, failure to act prudently in this regard can subject an employer to charges of negligence. • However before taking long-term action that will adversely affect the violent individual’s employment, employers should follow applicable laws, contracts, policies, and procedures. • Failure to do so can serve to exacerbate an already difficult situation.

6. Exclusivity provision of workers’ compensation laws. Why is this provision significant? • This provision makes workers’ compensation the employees exclusive remedy for injuries that are work related. • This means that even in the cases of workplace violence, as long as the violence occurs within the scope of the victim’s employment, the employer is protected from civil lawsuits and the excessive jury verdicts that have become so common.

7. Defend or refute: A violent act that occurs away from the employer’s premise cannot be considered work related • If a violent act occurred off the employer’s premises, it is still considered an on-the-job event, if one of the following criteria apply: • The victim was working for pay or compensation at the time, including working at home. • The victim was working as a volunteer, emergency services worker, law enforcement officer, or firefighter. • The victim was working in a profit oriented family business, including farming. • The victim was traveling on business, including to and from customer business contacts. • The victim was engaged in work activity in which the vehicle is part of the work environment (e.g. taxi driver, truck driver and so on).

8. Crime reduction through environmental design [CRTED] • Natural surveillance: Designing, arranging and operating the workplace in a way that minimizes secluded areas. Making all areas inside and outside the facility easily observable allows for natural surveillance. • Control of Access: Channeling the flow of outsiders to an access-control station, requiring visitors passes, issuing access badges to employees, and isolating pickup and delivery points can minimize the risk of violence perpetrated by outsiders. • Establishment of territoriality: With this approach, employees move freely within their established territory but are restricted in other areas. Employees come to know everyone who works in their territory and can as a result immediately recognize anyone who should not be there. • Activity Support: Organizing workflow and natural traffic patterns in ways that maximize the number of employees conducting natural surveillance. The more employees observing activities in the workplace the better. • Administrative controls: Establishing policies, conducting background checks, and providing training for employees.

9. Comment: A manufacturer must comply with OSHA’s guidelines on workplace violence • OSHA has established advisory guidelines relating to workplace violence: • The guidelines are advisory in nature and informational in content. The guidelines do not add to or enhance in any way the requirements of the General Duty clause of the OSH Act.

10. OSHA’s Guidelines adapted for future use in most types of business and industrial firms • The guidelines were developed with night retail establishments in mind. • Consequently they have a service oriented emphasis. • However much of the advise contained in the guidelines can be adapted for use in manufacturing, processing, and other settings. • Checklist: • Management commitment and employee involvement. • Workplace analysis • Hazard prevention and control • Safety and health training • Record keeping and evaluation

11. Primary causes of conflict on the job • An environment that produces stress, anger, frustration, feelings of powerlessness, resentment and feelings of inadequacy can increase the potential for violent behavior: • Dictatorial management: Some people respond to powerlessness by striking out violently – a response that gives them power, if only momentarily. • Role ambiguity: Employees need to know for what they are responsible, how they will be held accountable, and how much authority they have. When these questions are not clear, employees become stressed and frustrated, factors often associated with workplace violence. • Partial, inconsistent supervision: Employees who feel they are being treated unfairly or unequally may show their resentment in violent ways. • Unattended hostility: An environment that accepts hostile behavior will have hostile behavior. • No respect for privacy: Supervisors who go through work areas of employees without first getting their permission can make them feel invaded or violated. • Insufficient training: Holding employees accountable for performance on the job without providing the training that they need to perform well can cause them to feel inadequate. • Managers should endeavor to establish and maintain a positive work environment that builds employees up rather than tearing them down. Managers should be aware of the individual factors that can contribute to violent behavior and respond promptly if employees show evidence of responding negatively to these factors.

12. Four ways in which an angry person may respond in a work setting • 1. Attacking: The source of the threat is attacked. This response often leads to violence, or at least verbal abuse. • 2. Retaliating: If someone calls your suggestion ridiculous, you may retaliate by calling his or her suggestion dumb. Retaliation can escalate into violence. • 3. Isolating: For example, when someone fails to even acknowledge your suggestion, you may swallow your anger, return to your office, and boil over in private. • 4. Coping: This is the only positive response to anger. A person who copes with anger, is a person who in spite of his anger, stays in control. • If employees in an organization can learn to manage conflict properly and to deal with anger positively, the potential for workplace violence will be diminished substantially.

13. Summary • Prevention of workplace violence is an extension of the responsibilities of the safety and health professional. • It includes activities such as hazard analysis, record analysis, trend monitoring, and incident analysis. • Approximately one million people are victims of workplace violence every year resulting in more than 1.75 million lost days of work annually. • A violent act can be considered as an on the job incident even if it is committed away from the workplace. • Crime reduction through environmental design (CRTED) involves natural surveillance, control of access, establishment of territories, and activity support.

14. Home work • Answer questions 4, 6, and 9 on pages 297-298. • 4. What is the exclusivity provision of worker’s compensation laws? Why is this provision significant? • 6. Explain the concept of crime reduction through environmental design (CRTED). • 9. What are the primary causes of conflict on the job?