Current through Register Vol. 49, No. 9, September, 2024
1099.0
VIOLENCE IN THE
WORKPLACE
1099.1
Introduction
The Department of Human Services (DHS or Department) requires
all managers, supervisors, and employees to be knowledgeable of workplace
violence, and to take steps to identify and report all indications of early
symptoms of workplace violence.
1099.2
Definition of Workplace
Violence
Workplace violence is any threatened or actual conduct by an
individual against persons or property that is sufficiently severe, offensive,
or intimidating so as to alter the conditions of state employment, or to create
a hostile, abusive, or intimidating work environment for one or more DHS
employees. Behavior constituting threats or acts of violence can include any
expression that communicates a direct or indirect threat of physical
harm.
1099.2.1 Workplace violence
includes, but is not limited to:
A. All
threats or acts of violence occurring on DHS property or workplaces, regardless
of the relationship between the Department and the individual involved in the
incident
B. All threats or acts of
violence not occurring on DHS property or workplaces, but involving someone who
is acting in the capacity of a DHS representative
C. All threats or acts of violence not
occurring on DHS property or workplaces, but involving a DHS employee if the
threats or acts of violence affect the legitimate interests of the
Department
D. Harassment,
intimidation, or other disruptive behavior on or off DHS property or workplaces
affecting the Department
1099.2.2 Off-site workplace violence can
include incidents at business-related functions such as conferences where DHS
is a participant, at social events related to work, or even at home, such as
where a threatening telephone call to an employee's home threatens violence at
work. Workplace violence can affect or involve employees, visitors,
contractors, and other non-state employees.
1099.3
Definitions
1099.3.1
Harassment:
Any behavior that demeans, embarrasses, humiliates, annoys, alarms, or abuses a
person with words, and that is known or would be expected to be
unwelcome
1099.3.2
Intimidation: Inducing fear
in others or bullying them through threats or violence
1099.3.3
Oral or written
threats: Any expression of intent to inflict harm
1099.3.4
Perpetrator: Any person who
threatens or perpetrates an act of violence, including domestic
violence.
1099.3.5
Threatening behavior: Acts
that express intent to inflict harm
1099.3.6
Verbal
abuse: Crude or obscene language, swearing, insults or
condescending language
1099.3.7
Violence: The use of physical
force that could or does injure individuals or that could or does cause damage
or destroy property. Hitting, shoving, pushing, kicking individuals, knocking
over objects or furniture are examples of violence.
1099.4
Responsibilities:
1099.4.1 DHS needs the cooperation of all
employees to implement this policy effectively and to maintain a safe working
environment. The expectation is that each employee will treat all other
employees, as well as clients, contractors, and visitors with dignity and
respect.
1099.4.2
Employees' Responsibilities
A. To be familiar with Department policy
regarding workplace violence
B. To
be responsible for securing their own workplace
C. To be responsible for questioning and/or
reporting strangers to supervisors
D. To be aware of any threats, physical or
verbal, disruptive behavior of any individual, or any of the indicators of
increased risk of violent behavior listed in Section 1099.6.2.A. and report
such to supervisors
E. To be
familiar with local procedures for dealing with workplace threats and
emergencies
F. Not to confront
individuals who are a threat
G. To
be familiar with the resources of the Employee Assistance Program
H. TO TAKE ALL THREATS SERIOUSLY
1099.4.3
Supervisors'
ResponsibilitiesA. To inform
employees of Department/agency workplace violence policies and
procedures
B. To ensure that
employees know specific procedures for dealing with workplace threats and
emergencies, and how to contact police, fire, and other safety and security
officials.
C. To ensure that
employees with special needs are aware of emergency evacuation procedures and
have assistance (as necessary) regarding emergency evacuation
situations
D. To respond to
potential threats and escalating situations by utilizing proper resources from
the following: local law enforcement and medical services, Human Resources
staff, and the Employee Assistance Program.
E. To ensure that appropriate staff receive
training on the importance of workplace safety and security.
F. To provide for briefings on workplace
violence as appropriate at staff meetings.
G. TO TAKE ALL THREATS SERIOUSLY
1099.4.4
Human
Resources StaffA. To provide for
supervisory training which includes basic leadership skills, such as setting
clear standards of conduct and performance, addressing employee problems
promptly, and using the probationary period, performance counseling,
discipline, alternative dispute resolution, and other management tools
conscientiously
B. To provide
technical expertise and consultation to help supervisors determine what course
of administrative action is most appropriate in specific situations.
C. To determine whether sufficient evidence
exists to justify taking disciplinary action once the investigation of any
misconduct is complete.
D. To help
supervisors determine proper reasonable accommodation.
1099.4.5
DHS Director and
Division DirectorsA. To ensure
that a copy of the Workplace Violence Policy is available to all employees and
that all employees are aware of the procedures and instructions in
them.
B. To ensure that workplace
violence training is included in all employee orientation and supervisory
training sessions
1099.4.6
Perpetrator's
Responsibilities
Any employees who have been perpetrators of domestic violence
shall:
A. Contact the Employee
Assistance Program's office for confidential consultation and
resources
B. Contact a local
abuser's intervention program
1099.4.7
Retaliation
DHS will not tolerate retaliation against an employee for
reporting a possible or actual incident
1099.5
The Phenomenon of Workplace
Violence
As recently as the 1970s, workplace violence was virtually
unheard of. However, data suggests that there may be as many as two million
incidents of workplace violence in the United States each year, affecting one
in four employees over the course of their work life. As with many complex
social phenomena, it is difficult to find a simple explanation. Most experts
agree that the following contribute in a significant way to the
situation:
A. Inappropriate stress
levels in the workplace, which can be caused by downsizing, reorganization, and
higher workloads on individual employees
B. The increasing prevalence of substance
abuse in the workplace
C. The
general pervasiveness of violence in our society, including the easy
availability of weapons, excessive violence in the media, and the general
acceptance among many in the population that violence is an acceptable way to
resolve differences.
D. Mistrust
and animosity among different ethnic, social, and racial groups in the
workplace, with concomitant difficulties in communication
1099.6
Prevention
A sound prevention plan is the most cost effective part of the
workplace violence program. Prevention is the responsibility of every employee.
This section focuses on some measures to reduce the risk of violent
behavior.
1099.6.1
Likeliness of Occurrence
Research suggests that employee violence is more likely to
occur in workplaces where morale is low, where employees believe that they are
not treated with dignity or respect. Workplaces where employees believe that
they are treated "fairly," where there is a sense of "employment security,"
lateral or upward movement is possible, and workers have some perceived control
over their jobs are less likely to be interrupted by violence.
1099.6.2
Early Warning
Signs of Potential Violence
The main concern of many people is how to identify potentially
violent individuals. While past behavior is generally the best predictor of
future behavior, there is no specific "profile" of a potentially dangerous
individual. However, analysis indicates that there are patterns of behavior and
events that frequently precede episodes of violence.
A. Below is a list of indicators of increased
risk of violent behavior. While human behavior cannot be accurately predicted,
the behaviors below should be viewed with concern.
1. direct or veiled threats of harm
2. intimidation, belligerence, bullying or
other inappropriate behavior directed at others
3. numerous conflicts with supervisors and
employees; verbal comments indicating expression of hostility directed at
coworkers, supervisors, or others
4. inappropriate reference to guns or
fascination with weapons
5.
fascination with incidents of workplace violence, statements indicating
approval of the use of violence to resolve a problem, or statements indicating
identification with perpetrators of workplace homicides
6. statements indicating an increased tone of
desperation from the person, feeling that normal interventions to solve the
problem will not work, feeling hopeless about a situation at work, with family,
financial, and other personal problems
7. signs of abuse of drugs/alcohol on or off
the job
8. extreme or
uncharacteristic changes in behavior or displays of emotion
B. Such behaviors should be
reported immediately. Some behaviors require immediate police or security
intervention, others require disciplinary action, and others indicate an
immediate need for an EAP referral.
C. Sometimes, small behavior problems, which
can precede the above behaviors, are dismissed or ignored, allowing problems to
fester. In the employee's mind, the situation can become more intense. Early
involvement is the appropriate intervention. It is important to remember the
employee must be treated with dignity, mutual respect and fairness in this
process. Some of these types of behavior are listed below.
1. Withdrawal from friends, coworkers, and/or
one's social circle
2. Reduced
productivity
3. Unexplained absence
from work area or marked increase in tardiness and/or absenteeism
4. Noticeable deterioration of personal
hygiene and appearance
1099.6.3
Common Issues Triggering
Workplace ViolenceA. These are
generally characterized as either employee issues or workplace issues. The
following are employee issues:
1. Negative
performance review
2. Unwelcome
change in duties due to performance or reorganization
3. Criticism of performance
4. Conflict with coworker or
supervisor
5. Personal stress
outside the workplace
6. Increased
workload pressure
B. The
following are workplace issues:
1. No clearly
defined rules of conduct
2. Lack of
training
3. Inadequate hiring
practices/screening of potential employees
4. Insufficient supervision
5. Lack of discipline or inconsistent
discipline in workplace
6. No or
inadequate employee support systems
7. Failure to address incidents as they
occur
8. Overly authoritarian
management style
1099.6.4
Prevention
factorsA. Three factors that may
prevent a potentially violent situation from occurring are:
1. Recognizing the early warning signs (often
there is a change in a persons behavior preceding an episode of
violence)
2. recognizing issues or
events that may trigger violence
3.
intervening early to prevent a violent incident from occurring
B. It is, however, important to be
careful not to draw assumptions or to rely on any of the above behaviors as
indicators of violence. Almost everyone experiences stress, loss, or illness at
some time or other. Many experience the workplace and organizational conditions
cited above. All but a very few people handle these disruptions and conditions
without resorting to violence. The intervention should focus on supporting the
employee through these disruptions and managers should be trained to deal with
these difficulties.
1099.6.5
Conducting risk and
threat assessmentsA.
Definition
Whenever a situation in the workplace arises, it is important
that an assessment occurs to determine the degree of risk. All threats must be
treated in a serious manner. The purpose of a threat assessment is to identify
the potential perpetrator, assess the risks of violence by that potential
perpetrator, and manage the subject and the situation risks in a way that
protects employees.
B.
Gather Information1.
It is clear that the agency will not always have the information that would be
useful in order to make the best assessment, but will have to use information
at hand. The following items are necessary for violence to occur:
a. the opportunity that permits the behavior
to occur
b. the individual must have
access to the intended victim
c. the
individual has the will to commit the act
d. there are normally precipitating factors
that generate the act of violence
2. It is important to know, if at all
possible, who the intended victim(s) is/are. The individual may display
animosity toward a particular person (referred to as victim of choice) or the
person may simply lash out randomly at anyone who is present (victim of
opportunity).
3. In addition, it is
important to assess how the individual verbalizes any apparent statement/threat
about violence in the context of the person's known history. For example, the
person may make a:
a. direct threat, e.g. "I
am going to kill you."
b.
conditional threat, e.g. "If you don't stop giving me warnings, I will get even
with you."
c. veiled or hidden
threat, e.g. "Something bad might happen to your family," not direct or
contingent.
4. It should
be kept in mind that some persons who make threats actually carry them out;
some persons who make threats do not carry them out; and some persons who
commit an act of violence never made a threat.
5. Threats are best understood in the context
of the history of the person making the threats, e.g. do they have a history of
aggressive behavior at work, are they showing signs of deteriorating
performance, etc.? Direct or conditional threats clearly need to be addressed
immediately, either via law enforcement or the DHS progressive discipline
process. Veiled threats require more judgment on the part of the evaluator.
Other variables that may be assessed include the individual characteristics and
assessment of the current situation in the workplace (e.g. is there downsizing
going on, is the person undergoing progressive discipline?) to determine if
precipitating factors are present. If in doubt, an investigation is critical
and should take place immediately.
6. If the situation is high-risk, person
identified as a victim if a clear victim is identified should be notified, a
physical separation should be created between the intended victim and the
individual making the threat to reduce the likelihood of confrontation, and the
proper law enforcement authorities should be notified.
1099.6.6
Pre-Employment Screening
Pre-employment screening is a critical component of a
prevention program. Questions must be consistent with State and Federal laws
and regulations and appropriate for the position being considered. Human
Resources should make sure that managers and supervisors should be advised on
appropriate interview questions and interviewing techniques, conducting
reference checks, and determining the need for a background check.
1099.6.7
Additional
Prevention Actions
The following is a list of other possible prevention
activities:
A. clear reporting
procedures
B. means to conduct
threat assessments and determine appropriate interventions
C. work site risk analysis of both the
organizational climate and the workplace environment
D. hazard prevention and control
plan
E. education and training on
warning signs and management style, stress management, conflict resolution,
communication skills, proper disciplinary practices, stress and self
esteem
F. physical security
measures (CCTV, alarms, electronic access systems, photo ID badges,
public/private office areas, guards, and natural barriers such as
counters)
G. evaluation and
improvement
1099.6.8
Complaint Investigation
A. Designation of a person to be responsible
for conducting the investigation
B.
Establishment of protocols for the investigation
C. Gathering information
D. Analysis of date collected
E. Review of investigator's findings and
recommendations
1099.7
Response Procedures
1099.7.1
What to do if a person
is angry or hostile
* Stay calm and listen attentively
* Maintain eye contact
* Be courteous and patient
* Keep the situation under one's control
1099.7.2
Strangers in the
Workplace
No unauthorized person shall be in the workplace. If an
employee sees a stranger in the workplace, the employee should:
* Ask the person politely why the person is there, or whom the
person is there to see
* Escort the person to the employee he or she is there to
see
* Alert management if the person acts suspiciously
1099.7.3
What to do
when a threat is made, Employee's Responsibility
* Do not ignore violent or non-violent disruptive behavior
whether by a DHS employee or not
* Attempt to get away from the person without further
incident
* Report the threat immediately to one's immediate supervisor
or anyone in the chain of command
* Document what happened and who else witnessed the
behavior
* Submit the documentation to one's supervisor
1099.7.4
What to do
when a threat is made, Supervisor's Responsibility
Supervisors should immediately evaluate any reported alleged
threat or act of violence by assessing:
* Whether an imminent risk of harm to persons or property
exists
* The perceived intent and capacity and means to fulfill the
threat
* The duration of the risk
* The likelihood that harm will occur
1099.7.5
What to do if evaluation
of the circumstances do not indicate an imminent risk of harm to persons or
property, Supervisor's Responsibility
* Document the circumstances associated with the event,
including a record of information from any individual involved in or witnessing
the incident
* Provide an assessment of the cause of the
circumstances
* Report the incident and seek guidance and assistance in
assessing options and developing a plan of action for following up on the
incident
1099.7.6
What to do if evaluation of the circumstances indicate an imminent
risk of harm to persons or property
* Call 911 immediately
* Take the actions described in Section 1099.7.4 above
1099.7.7
What to do
when an act of violence occurs
* If possible, call 911 immediately
* If possible, immediately report the event to one's immediate
supervisor or anyone in the chain of command
* Avoid any action that may provoke the individual further,
which may increase the risk of injury
* Focus on the problem, not the individual
* Be attentive to what the individual is communicating
* If appropriate, close doors and alert others to do the same.
Stay in protected office areas.
* Document what happened as soon as possible after the
incident, and list witnesses
1099.7.8
What to do in a hostage
situation
* Remain calm, do not panic, cooperate as necessary
* Avoid any action that may provoke or anger the individual
further or increase any risk of injury
* Attempt to escape quietly - if possible without risk to self
or others
* Leave the area and call 911
* Follow the directions from 911 personnel
1099.7.9
Interviewing a
potentially violent employee (employee made a direct, conditional, or hidden
threat)
* Interview in pairs, never alone
* Interview away from work stations, perhaps in conference
rooms
* Place the interviewers between the employee being interviewed
and the door in case discussion escalates to violence
* Allow the interviewee sufficient space so as not to feel
trapped, crowded, or threatened
* Act calmly, be courteous and patient, and remain in
control
* Maintain eye contact
* Use active listening skills, acknowledge the person's
feelings, repeating back so as to communicate that the interviewers want to
understand
* Try to determine what is causing the employee's behavior and
if the causes are work or non-work related (personal)
* Determine how the employee believes the problem can be
resolved
* Avoid judgmental or accusatory statements
* Allow the interviewee to save face
* Adjust the interview style to meet the need of the
subject
* Offer support to the interviewee via EAP
The interviewer should establish enough of a relationship with
the interviewee so that he or she will talk about the incident. The interviewee
may not want to talk or may complain of intimidation. He or she may leave
during the interview. If this occurs, the interviewer should document what was
said, mannerisms, gestures, tone of voice.
1099.8
Incident Management: DHS Policy
1090, Incident Reporting
The procedures of Policy 1090 are activated in any situation in
which a DHS client, employee or member of the general public engage in
threatening or disruptive behavior of such a nature that it causes fear of
imminent injury or destruction of property.
1099.9
Sanctions
A violation of this policy shall be considered unacceptable
personal conduct as provided in DHS Policy 1085, Minimum Conduct Standards, and
may be grounds for disciplinary action up to and including dismissal as
provided in DHS Policy 1084, Employee Discipline. Other actions that may be
taken against a perpetrator include mandatory participation in counseling,
criminal arrest and prosecution, and such legal remedies as are described in
Section 1099.11.
1099.10
Current Restraining Orders
If any employee has a restraining order on file with a law
enforcement agency and the employee believes that the person who is the subject
of the order may attempt contact with the employee at the workplace in
violation of the order, the employee must report this to his or her supervisor,
who in turn must report the information to management. It is the responsibility
of the employee filing the restraining order to provide a copy of the order and
a photograph, if possible, of the person whom the order is against.
1099.11
Legal Remedy
Arkansas Code Annotated §
11-5-115 provides that the
Department may, in addition to, or instead of filing criminal charges against
the individual who has committed an act or threat of violence, seek a temporary
restraining order, a preliminary injunction, or an injunction, prohibiting
further unlawful acts by that individual at the DHS workplace. The workplace
shall include any place where work is being performed on behalf of the
Department.
The law provides that if the Department acts in accord with
§
11-5-115, it shall be presumed to
be acting in good faith and ordinarily shall be immune from civil liability for
those actions. In addition, if DHS chooses not to utilize the remedies in the
Code, it shall not be liable for negligence.
1099.12
Department Contact
Office of Finance and Administration
Human Resources/Support Services
Policy and Administrative Program Management Unit
Donaghey Plaza West
P.O. Box 1437/Slot Number W403
Little Rock, AR 72203-1437
Telephone: 682-5835
