Presenting a live 90‐minute webinar with interactive Q&A Workplace Violence Prevention: Workplace Violence Prevention: Legal Considerations for Employers Crafting and Enforcing Anti‐Violence Policies and Complying With New OSHA Directives for Employee Safety Today’ s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific WEDNESDAY, DECEMBER 21, 2011 Today s faculty features: Barbara E. Hoey, Shareholder, Littler, New York Thomas Benjamin Huggett, Shareholder, Littler, Philadelphia The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.
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Presenting a live 90‐minute webinar with interactive Q&A
Workplace Violence Prevention:Workplace Violence Prevention:Legal Considerations for EmployersCrafting and Enforcing Anti‐Violence Policies and Complying With New OSHA Directives for Employee Safety
Thomas Benjamin Huggett, Shareholder, Littler, Philadelphia
The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.
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LITTLER MENDELSON, P.C.
W k l Vi l Workplace Violence Prevention: Legal gConsiderations
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Understanding Workplace
genda Understanding Workplace
Violence
Understanding Legal Issues– OSHA Enforcement
– EEOC Enforcement of the ADAADA
– Workers’ Compensation
– Personal Injury
Practical Suggestions for Addressing Workplace Vi lViolence
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Violence in the U.S.: The Statistics
U.S. has the highest number of incidents of interpersonal violence per capita of any nation not engaged in civil war
U.S. has a rate of violence greater than four times that of any other nation
In 2003, gunshots became the number one killer in the United States
One in five high school studentscarry weapons (an estimated 270,000 guns are carried to270,000 guns are carried to school daily)
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Legal Issues –Occupational Safety and Health Act (OSHA)
N di t l ti No direct regulation
Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments
Guidelines for PreventingGuidelines for Preventing Workplace Violence for Health Care and Social Service Workers
“General Duty Clause:” “General Duty Clause:” employers must provide a workplace free from recognized hazards that can result in deathhazards that can result in death or serious injury. 29 U.S.C. § 654(a) 8
Legal Issues OSHA Legal Issues – OSHA
Industry specific violence prevention guidelines Industry-specific violence prevention guidelines (informational only and no compliance obligations) include:– Top management involvement in implementing a violence
prevention program.
– A written violence-prevention program for larger organizations.p p g g g
– A threat assessment team to evaluate the employer’s vulnerability to violence.
Appropriate engineering controls and work practices; and– Appropriate engineering controls and work practices; and
– Staff training on security awareness and self-protection.
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Legal Issues OSHA Legal Issues – OSHA
Enforcement Procedures for Investigating or Enforcement Procedures for Investigating or Inspecting Workplace Violence – OSHA Compliance Directive – September 8, 2011– An instance of workplace violence is presumed to be work
related if it results from an event occurring in the workplace
– Employers may be found in violation of the general duty clause if they fail to reduce or eliminate serious recognized hazards
– OSHA will conduct inspections where there is a complaint, referral, fatality or catastrophe
• Not directly inspecting co-worker threats of violence
– Review of feasible means of abatement
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Legal Issues –Americans with Disabilities Act (ADA)
Abusive, potentially violent employees may have diagnosed mental illness
B ild th “ t l ” th Builds on the “no tolerance” theme
Educates employees that the “little signs” and “gut feelings” are vitalgut feelings are vital
Teaches employees the steps to follow in reporting violence ― actual, perceived, or p g , p ,threatened
Reduces the tolerance for threats or violence in any form
Includes psychological, legal and security issues
Potentially offered at new hire stage and at regular intervals 23
Proactive MeasuresProactive Measures
Use of Employee Use of Employee Assistance Programs effectively
Discipline employees for making threats or engaging in intimidating behavior
Distribution of a zero-tolerance violence in the workplace policy
Provide employees with conflict resolutionconflict resolution training
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Proactive Measures:Preparing for Employee Confrontation
Don’t let employee know that a meeting is scheduled – take them by surprise so that they do not have time to prepare.not have time to prepare.
Have at least two members of management present.present.
When an employee is being evaluated, make sure you say good things y y g gabout the employee as well as critical things.
Make sure security is on ynotice and/or can easily be reached.
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Proactive Measures:Establish Incident Response Team
Senior Management with Senior Management with Authority to Mobilize the company’s Resources (GC and /or Sr. VP))
Human Resources/ Workforce Relations
Legal Counsel
Risk Management/Insurer
Global Security/Outside Global Security/Outside Resources
Local Law Enforcement
Psychological Experts26
Reactive Measures:Create Action Plan
Have an action plan BEFORE crisis occurs
Like fire drills, practice in non-emergency situationsemergency situations
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Reactive Measures:M t P t ti St D i Management Protection Steps During
Confrontation
N tt k l Never attack an employee –no insults or yelling.
Always remain calm when you talk.
Make sure you keep a good distance between yourself yand the employee
Stay close to the door in case you need to quicklycase you need to quickly leave.
Be mindful of special precautions if concealedprecautions if concealed weapons are suspected.
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Reactive Measures:When Crisis Occurs
I di t l I id t R T Immediately summon Incident Response Team
Immediately contact law enforcement and emergency response officialsresponse officials
Prevent perpetrator from entering premises/get and keep off premises
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Post incident MeasuresPost-incident Measures
R f l f i ti t Referral of victims to appropriate resources, including medical centers, counseling services victimscounseling services, victims advocacy groups, legal aid, and domestic violence shelters.
Providing flexible work hours or short term-extended leave
Conduct an employee debriefing within 24-48 hours after a violent incident to e plain hat steps are beingexplain what steps are being taken by employer.
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Post-incident MeasuresCommunications Plan
I t l C i ti Internal Communications and Confidentiality Requirementsq
Documentation Distribution Controls
Role of Public Relations and Public Access
Developing a Public Relations and Communication PlanCommunication Plan