HR & Workplace Violence How Security Connects to Safety: HR & Workplace Violence Gary T. Miller, P.E. Louisiana Society for Human Resource Management April.

How Security Connects to Safety:HR & Workplace Violence

Gary T. Miller, P.E.

Louisiana Society for Human Resource Management

April 26, 2012

Copyright 2012 by HR a la carte, LLC

Disclaimer The speaker doesn’t represent that the information

and techniques presented will prevent workplace violence, prevent loss of business or other associated costs.

This program is presented in a good faith manner to enhance the general safety and security from potential threats that are public knowledge today.

The comments presented are unclassified. Quotes and statistics are properly attributed to their

owners.


OSHA 1970 Employers must comply with the general duty

clause [Section 5(a)(1)], which states that each employer “shall furnish…a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”


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Recent incidents Rural post office, Henning, TN – Oct. 2010 -

two female postal workers shot and killed: Multiple gun shots were fired; police say killings

were done with “disturbing violence.” Father & son robbery team. Son shot by police. Father arrested and confessed to crime.


Recent incidents Johns Hopkins Hospital, MD – Sept. 2009:

Shooter distraught over diagnosis by doctor about his mother’s condition

Used semiautomatic handgun concealed in his waistband

Doctor shot – injured, mother shot – killed Shooter commits suicide.


Recent incidents Kraft Foods plant, PA – Sept. 2009 - woman kills

two co-workers, wounds one: Shooter claimed harassment by co-workers Suspended after 15 years employment for

“feuding” with these co-workers Escorted from premises, returned 9 minutes later

with .357 magnum handgun, drove around security barrier while being pursued by security into building… “She’s got a gun!”


Recent incidents Discovery Channel, MD – Sept. 2009 -

environmental protestor killed by police after holding 3 hostages at gunpoint: Had several explosive devices Restraint order expired two days earlier Made a threatening motion and was shot by

SWAT


Recent incidents Hartford Distributors Inc., CT – Aug. 2009 -

disgruntled employee kills 8 co-workers and himself: Caught on videotape stealing beer from the

warehouse Reports that he complained of racist behavior

toward him Two 9mm handguns used were legal, so was

shotgun in the trunk of his car

Recent incidents Episcopal School, Jacksonville, FL – Mar. 2012:

Low preforming instructor counseled at an offsite meeting regarding separation

Without verbalizing any threats, terminated employee returns to campus, fatally shot School Head, the shooter commited suicide



Local incidents Baton Rouge General – Sept. 3, 2010:

estranged husband shoots wife & her boyfriend at son’s bedside

Grady Crawford Construction Co.– Dec. 23, 2009 – former employee shot and killed two clerical workers: Complained he couldn’t get unemployment benefits He previously made threats to “get even” with supervisor

who fired him, but they didn’t make PD report Pleaded not guilty as victims were not his intended targets His PD pleaded “No Contest” to concealing cannabinoid

in his suit jacket while attempting to visit an Angola client.


What is workplace violence? Any physical assault, threatening behavior or

verbal abuse that occurs in the work setting Acts such as psychological trauma due to

threats, obscene phone calls, an intimidating presence and harassment of any kind are included

National Institute of Occupational Safety and Health (NIOSH)


Statistics Average 4000 workplace fatalities, 700

people each year are victims of workplace homicides. [Cab Drivers, C-Store Clerks, PD]

10% of all fatal work injuries annually. NIOSH

1.7MM Violent Workplace Crimes – Bureau of Justice

Workplace homicides were among the top three causes of fatalities in the workplace, second leading cause of fatalities for women.

Bureau of Labor Statistics, August 2009


Types of workplace violence Homicide Physically aggressive behavior

Possibly resulting in injury Damaging property Domestic violence Bullying Malicious gossip, the role of social networking?


Costs of workplace violence Loss of human life Undermines employees’ sense of safety and

security, impacting productivity 1.175 million lost work days annually Costs employers more than $36 billion

annually Injuries & death, post-incident counseling, legal

actions & fees, court awards, poor morale, turnover, negative publicity


Typical assailants Current or former employee Someone with an outside relationship with an

employee Domestic violence spilling over

Someone with a legitimate reason for being on the premises, such as a customer or vendor

Typical assailants


• Used to be a white male age 35 to 45• A loner• The chronically disgruntled• The high-maintenance employee

The numbers


criminals

clientsworkers

personal


Risky business Any situations where workers:

exchange money with the public work alone or in small groups deliver passengers work late hours or early morning shifts

In-home services Locations in high-crime areas Positions that require employees to carry a weapon

in performance of their job

Let’s profile!


“…you can’t be wedded to a simple profile…you’ve got to focus on the behavior.”

Tracy L. Moon Jr., “Protecting Your Workplace from the Unimaginable: Developing a Proactive Workplace Violence Prevention and Response Strategy,” Dec. 1, 2009


Some warning signs History of violence Threatening behavior Intimidating behavior Increase in personal stress Negative personality characteristics Marked changes in mood or behavior Socially isolated


“Neglected indicators” “Violence is often the result of people not reporting

incidents that could serve as warnings.” Tracy L. Moon Jr.

Excessive absenteeism or tardiness Excessive work breaks Missed deadlines Poor work quality Sudden or significant job performance deterioration Difficulty with co-workers or social withdrawal


Situations that lead to violence Stress caused by layoffs Reorganization or increased workloads Growing prevalence of substance abuse at work Mistrust and hostility among ethnic, social and racial

groups Critical performance reviews Low morale caused by employees believing they’re

not treated with respect


Escalation Speaking loudly, frantically or quickly Gesturing wildly Aggressive stances and gestures such as

pointing, getting close, clinching fists Making threats and personal insults Physically closer than comfortable


Threats What’s in a threat?

When does it become a crime?

Can HIPAA hide the concerns?


Report troubling behavior People often don’t report because they don’t

want to become involved.

Supervisors might hesitate to report: want to be a buddy fear hurting someone’s career or feelings want to avoid angering employee they depend

upon


Better safe than sorry “Where there are critical indicators of a troubled

employee who needs immediate assistance—• the person talks of suicide, • makes delusional statements, • is paranoid, • has unfounded concerns about his or her safety—

the supervisor should notify HR, security, medical personnel or the EAP immediately.”

Tracy L. Moon, Jr.

If you know, you got’ta tell!


• Once the company is aware of an employee threat, they have an affirmative obligation to protect that employee and provide a safe and secure workplace.

• Liability could result if such actions are not taken and litigation could result in various tort claims.


Defusing violence Assess the situation - recognize the potential

for violence. Project calmness, empathy, patience. Encourage the person to talk, focus

your attention on him/her. Position yourself so that your exit

is not blocked –

always assess safety.


Actions to avoid Using a confrontational approach Trying to be the hero – keep others safe

without putting yourself in harm’s way Making promises you cannot keep Engaging in physical contact with the

individual


12-point action plan1. Publicize zero-tolerance policy regarding

threats, harassment and violence in the workplace.

“Not disciplining people for bad behavior encourages it and sends the message that the organization doesn’t care about enforcing its rules and protecting workers’ safety.”

Tracy L. Moon Jr.


12-point action plan2. Review hiring practices, background checks,

drug and alcohol testing.

3. Implement release forms for background checks.

4. Update personnel policies.

5. Screen temporary employees.

6. Conduct security audits and risk assessments.


12-point action plan7. Develop a crisis management plan.

8. Train supervisors on conflict resolution and non-violent techniques for handling situations.

9. Train supervisors to identify and take action on early warning signs of potential problems.


12-point action plan10. Publicize EAPs, etc.

11. Investigate all threats and complaints of harassment and violence immediately.

12. Publicize company procedures for handling employee problems.


Physical security measures Limited public access Screen visitors Adequate lighting Access-card entry systems ID cards for employees and visitors Situational awareness


Physical security measures Video surveillance inside and outside Security officers where appropriate Escort to parking area after hours Cabs for employees working late Metal detectors


Victimization of women More than 25% of female victims were assaulted by

people they knew.

Domestic violence that spills into the workplace accounts for 16% of female victims.

Women are 5 times more likely to be attacked at work by an intimate partner.


Domestic violence victims Grant leave requests. Change work location, phone extensions or hours of

work. Make a list of support groups and shelters available

to all employees. Take into consideration performance issues related to

domestic violence. Request picture of potential perpetrator for reception

desk and/or security.


Restraining orders Legal order by a state court which requires

one person to stop harassing/harming another

Some states (not LA) have enacted laws which allow employers to seek a temporary restraining order to protect employees, co-workers and workplace property from threats of acts of violence.


“Guns-at-Work” laws 13 states (AK, AZ, FL, GA, IN, KS, KY, LA, MN,

MS, NB, OK, UT) permit employees to store their firearms in vehicles located in company parking lots: Employee must be legally allowed to possess a firearm. Vehicle storing the gun must belong to employee (and be

privately owned). Firearm must be hidden. Vehicle must be locked.


How to fire like a pro Work your plan every time:

Establish roles and termination procedures. Employee’s personal items

Minimize opportunity to reenter.


Active shooter: Preplanning Procedures for calling for help Who will provide medical assistance? Emergency notification & escape procedures or

routes Identify “safe havens” within and outside the facility Procedures for accounting for all employees after the

event Procedures to secure the work area after the event


Active shooter: Scenario Contact local law enforcement (911) and

follow their instructions. Notify your company/building security force. Get people away from the scene as quickly as

possible. Stay calm Escape, hide/barricade or neutralize??


Active shooter: Aftermath Secure the premises. Safeguard evidence. Cooperate with authorities, hands raised and

visible, do not hug police, speak in controlled voice.

Prepare an incident report. Designate a spokesperson who has media

training.


Active shooter: Aftermath Consult legal counsel. Arrange for counseling/EAPs when

appropriate. Review policies and procedures. Address risk factors.


SHRM resources Dealing with Violence in the Workplace Workplace Violence Prevention Policy

template Experts: Lay Foundation to Prevent

Workplace Violence Workplace Violence Training for Supervisors

HR & Workplace Violence How Security Connects to Safety: HR & Workplace Violence Gary T. Miller, P.E. Louisiana Society for Human Resource Management April.

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