powerpoint slides preventing … slides preventing workplace violence friday concurrent session ......

Preventing Workplace Violence

© 2 0 1 5 C A C M , I n c . - L a w S e m i n a r - A l l r i g h t s r e s e r v e d .

POWERPOINT SLIDES

PREVENTING WORKPLACE VIOLENCE

FRIDAY CONCURRENT SESSION

8:30 – 10:30 AM

SPEAKERS

Veronica M. Gray, Esq.

Kevin Wiley

Basim Abu-Hamid

SPONSORED BY

Securitas Security Services is structured to provide a full spectrum of services, officers and technology while still maintaining a single face to the client. This helps deliver top tier security services without sacrificing personal relationships. Call on us today for your customized security solution. 800.451.0425 / www.securitas.com

http://www.securitas.com/


© 2 0 1 5 N o s s a m a n L L P. A l l R I g h t s R e s e r v e d.

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SPEAKERS

Veronica M. Gray, Esq.

Kevin Wiley

Preventing

Workplace Violence

Violence At The CID

Workplace violence falls into four broad categories:

Violent acts by criminals who have no other connection

with the workplace, but enter to commit robbery or

another crime.

Violence directed at employees by customers,

clients, vendors, or any others for whom an

organization provides services.

Violence against coworkers, supervisors, or

managers by a present or former employee.

Violence committed in the workplace by someone who

doesn’t work there , but has a personal relationship

with an employee-

an abusive spouse or domestic partner. 2

Employer Has Legal Duty To Provide A

Safe Workplace

No federal law explicitly establishes an employer’s duty

to prevent or remedy workplace violence against

employees.

Federal and state law contain a “general duty clause”

mandating employers to provide a safe workplace.

(OSHA & CAL/OSHA)

No specific standards nor requirements are set forth.

Whether an employer is in violation of the general duty

clause will depend on the specific facts of each case. 29 USC § 654; California Labor Code § § 6400, 6403

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Potential Liability

Risk of liability from acts of violence -

Civil actions for negligent hiring, retention or

supervision.

Workers’ compensation claims.

Third-party negligence claims for damages.

Requests for leave under the Family and Medical

Leave Act or state family and medical leave laws.

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Potential Liability

Claims resulting from mental impairments under the

Americans with Disabilities Act.

OSHA citations, fines or criminal charges.

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Remedies

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Unlawful Employment Practices Sexual Harassment - Gov’t Code § 12940 (j)

“It shall be an unlawful employment practice…”

(j) (1) …An employer may also be responsible for the acts

of nonemployees, with respect to sexual harassment of

employees, applicants, or persons providing services

pursuant to a contract in the workplace, where the

employer, or its agents, supervisors, knows or should have

known of the conduct and fails to take immediate and

appropriate corrective action.”

In cases involving nonemployees, the extent of the

employer’s control and any other legal responsibility with

respect to these nonemployees will be taken into

consideration.

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Unlawful Employment Practices Sexual

Harassment

The laws against harassment do not outlaw all rude or

vulgar behavior – the line between lawful and unlawful

conduct is not a bright one.

A supervisor who yells at all employees may be liable

for sexual harassment if the yelling is subjectively

experienced differently by members of the opposite

sex. Christopher v. National Education Assn. (9th Cir.

2005) 442 F.3rd 840.

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Unlawful Employment Practices

Sexual Harassment - AB 2053

AB 2053 amends Section 12950.1 of the Government

Code and adds that an employer shall also include

prevention of abusive conduct as a component of the

harassment prevention training and education.

. . .Abusive conduct means conduct of an employer or

employee in the workplace, with malice, that a

reasonable person would find hostile, offensive, and

unrelated to an employer’s legitimate business

interests.

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Unlawful Employment Practices

Sexual Harassment - AB 2053

Abusive conduct may include repeated infliction of

verbal abuse, such as the use of derogatory remarks,

insults, and epithets, verbal or physical conduct that a

reasonable person would find threatening,

intimidating, or humiliating, or the gratuitous sabotage

or undermining of a person’s work performance. A

single act shall not constitute abusive conduct, unless

especially severe and egregious.

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Harassment Code Of Civil Procedure § 527.6

A person who has suffered harassment…may seek a

temporary restraining order and an injunction

prohibiting harassment.

“Harassment” is unlawful violence, a credible threat of

violence, or a knowing and willful course of conduct

directed at a specific person that seriously alarms,

annoys, or harasses the person and serves no

legitimate purpose.

“Unlawful violence” is any assault or battery or stalking as prohibited in Penal Code § 646.9.

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Workplace Violence Act Code Of Civil Procedure § 527.8

“Any employer, whose employee has suffered

unlawful violence or a credible threat of violence from

any individual,…carried out in the workplace, may

seek a temporary restraining order and an injunction

on behalf of the employee.”

This is an additional remedy that an employer may

use against workplace violence, but it is not legally

required.

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Discrimination Based On Violence Civil Code §§ 51.7 & 52.1

All persons have the right to be free from violence and

intimidation by the treat of violence based on, among other

things, based on race, religion, ancestry, national origin,

political affiliation, or sex.

Relief is in the form of damages, injunctive relief, attorneys’

fees and criminal sanctions.

An employee may also assert a separate cause of action under Civil Code §§ 51.7 & 52.1. Stamps v. Superior Court

(2006) 136 Cal.App.4th 1441. prohibited in Penal Code

646.9.

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Welfare & Institutions Code § 5150

Under § 5150 of the Welfare & Institutions Code, an

employer may request a psychiatric evaluation and

detention of a violent individual who harasses its

employees.

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Pro-Active Steps To Prevent Violence in the

CID Workplace

Avoid bringing violent people into the workplace by:

Conducting background investigations

Employment applications – asking whether they

have been convicted of a crime

Avoid saying too much – Josephs v. Pacific Bell

(9th Cir. 2005) 432 F.3d 1006

Caveat: Applies to employees, not homeowners.

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Injury And Illness Prevention Programs

(“IIPP”)

Every California employer is required to establish,

implement, and maintain an effective injury and

illness prevention program.

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Labor Code § 6401.7 & CCR § 3203

The policy shall include:

Identification of who is responsible for the program

System for identifying and evaluating workplace hazards

System for ensuring compliance by employees with rules on workplace security

Methods and procedures for correcting unsafe conditions

A training program to instruct employees in safe work practices

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Labor Code § 6401.7 & CCR §§ 3203

A system for communicating about workplace hazards

A system for ensuring that employees comply with safe

work practices – not engage in verbal threats or physical

action – know how to diffuse potentially hostile situations

with homeowners

Procedures for protecting employees from

physical/psychological abuse

Procedures for timely corrective action

Record retention

Reporting procedures

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Best Practices – CID Workplace Violence

Prevention Program

You may want to consider a separate “CID Workplace”

Violence Prevention Program.

Develop and disseminate a clear policy of zero

tolerance for violence, harassment, and rudeness.

Obtain “top-down” commitment form the Board &

association members.

Establish a plan for maintaining security – establish a

liaison with law enforcement.

Assign responsibility of policy compliance and

implementation to a task force consisting of staff, the

board, and association members.

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Best Practices - CID Workplace Violence

Prevention Program

Encourage everyone to promptly report any incident.

Provide training

Distribute information/materials to increase awareness

Incorporate in CC&Rs

Establish a resolution process

File charges if necessary

Employ security guards – (cost)

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Best Practices - CID Workplace Violence

Prevention Program

Key elements of the program might include policies

regarding:

Communication

Hazard Assessment

Investigations

Training & Corrective Actions

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Best Practices –Violence Prevention

Program - Communication

Your communication system might include:

Orientation on your security policies, procedures, and work practices

Periodic review of your program with all concerned

Training programs addressing workplace security issues unique to management of homeowner associations

Regularly schedule safety meetings with staff, board, and homeowners, including workplace security discussions

A system to ensure that everyone understands the “workplace” security policies

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Best Practices - Violence Prevention Program

- Communication

Post or distribute “workplace” security information

A system for workers/homeowners to inform

management about workplace security hazards or

threats of violence

Procedures for protecting workers who report threats

from retaliation by the person making the threats

Addressing security issues at the workplace via security

team meetings

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Best Practices – Violence Prevention Program

- Hazard Assessment

Your hazard assessment might include:

The need for security surveillance measures, such as mirrors

or cameras

Procedures for (worker) response during a robbery or other

criminal act

Procedures for reporting suspicious persons or activities

Posting of emergency telephone numbers for law

enforcement, fire, and medical services

Cell phone access

Adequacy of workplace security systems, such as door locks,

security windows, physical barriers and restraint systems

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- Hazard Assessment

Frequency and severity of threatening or hostile

situations that may lead to violent acts by persons who

are service recipients

Workers’ skill in safely handling threatening or hostile

service recipients

Effectiveness of systems and procedures to warn others

of a security danger or to summon assistance, e.g.,

alarms or panic buttons

The use of work practices such as “buddy” systems for

specified emergency events

The availability of escape routes 25


- Hazard Assessment

How well your company’s anti-violence policy has been

communicated to staff, the board and homeowners

How well your company’s management and

workers/board/homeowners communicate with each

other

Staff’s, board’s, and homeowners’s knowledge of the

warning signs of potential workplace violence

Access to, and freedom of movement within, the CID by

non-workers, including recently discharged workers or

homeowner or other third party with whom a staff

member is having a dispute

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- Hazard Assessment

Frequency and severity of worker reports of threats of

physical or verbal abuse

Any prior violent acts, threats of physical violence, verbal

abuse, property damage or other signs of strain or

pressure in the workplace

Disciplinary and “discharge” procedures

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Best Practices –Violence Prevention

Program - Incident Investigations

Your procedure for investigating incidents of workplace violence, including threats and physical injury, might include:

Reviewing all previous incidents

Visiting the scene of a reported incident as soon as possible

Interviewing threatened or injured workers and witnesses

Assuring no retaliation for reporting incident

Providing confidentiality to the extent possible

Providing counseling to workers, supervisors or managers who exhibit behavior that represents strain or pressure which may lead to physical or verbal abuse of co-workers

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Best Practices - Violence Prevention

Program - Incident Investigations Examining the workplace for security risk factors

associated with the incident, including any previous

reports of inappropriate behavior by the perpetrator

Determining the cause of the incident

Taking corrective action to prevent the incident from

recurring

Recording the findings and corrective actions taken –

Violence Incident Report Forms

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Best Practices - Violence Prevention

Program - Corrective Action & Training

Your corrective action/training program might include:

Effectively communicating your anti-violence [no tolerance] policy to all staff and homeowners

Increasing awareness of the warning signs of potential workplace violence

Providing training in recognizing and handling threatening or hostile situations

Providing training on emergency action procedures

Utilizing surveillance measures, such as cameras or mirrors

Ensuring the adequacy of workplace security systems, such as door locks, security windows, physical barriers and restraint systems

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- Corrective Action & Training

Procedures for reporting suspicious persons or activities

Posting of emergency telephone numbers for law enforcement, fire and medical services where workers have access to a telephone with an outside line

Notification of law enforcement authorities when a criminal act may have occurred

Obtaining a restraining order

Hiring a security guard

Reporting to the Board, legal counsel, and/or homeowner

Providing counseling

Implementing measures to prevent workplace violence

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- Corrective Action & Training

Training on ways to defuse hostile or threatening situations

Ensuring that all reports of violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace are handled effectively and that there is no retaliation

Ensuring that “disciplinary” procedures address the potential for workplace violence

Placing effective systems to warn others of a security danger or to summon assistance; e.g., alarms or panic buttons

Providing procedures for a “buddy” system for specified emergency events

Ensuring adequate worker escape routes

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Best Practices –

Communication and Resolution

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COPING WITH AN ACTIVE SHOOTER SITUATION

• Be aware of your environment and any possible dangers

• Take note of the two nearest exits in any facility you visit

• If you are in an office, stay there and secure the door

• Attempt to take the active shooter down as a last resort

PROFILE OF AN ACTIVE SHOOTER

An active shooter is an individual actively engaged in killing or attempting to kill people in a confined and populated area, typically through the use

of firearms.

CHARACTERISTICS OF AN ACTIVE SHOOTER SITUATION

• Victims are selected at random

• The event is unpredictable and evolves quickly

• Law enforcement is usually required to end an active shooter situation Contact your building management or

human resources department for more information and training on activeshooter response in your workplace.

CALL 911 WHEN IT IS SAFE TO DO SO

HOW TO RESPOND WHEN AN ACTIVE SHOOTER IS IN YOUR VICINITY

1. EVACUATE • Have an escape route and plan in mind • Leave your belongings behind • Keep your hands visible

2. HIDE OUT • Hide in an area out of the shooter’s view • Block entry to your hiding place and lockthe doors • Silence your cell phone and/or pager

3. TAKE ACTION • As a last resort and only when your life is in imminent danger • Attempt to incapacitate the shooter • Act with physical aggression and throwitems at the active shooter

HOW TO RESPOND WHEN LAW ENFORCEMENT ARRIVES

• Remain calm and follow instructions • Put down any items in your hands (i.e., bags, jackets) • Raise hands and spread fingers • Keep hands visible at all times • Avoid quick movements toward officers such as holding on to them for safety • Avoid pointing, screaming or yelling • Do not stop to ask officers for help or direction when evacuating

INFORMATION YOU SHOULD PROVIDE TO LAW ENFORCEMENT OR 911 OPERATOR

• Location of the active shooter • Number of shooters • Physical description of shooters • Number and type of weapons held byshooters • Number of potential victims at the location

CALL 911 WHEN IT IS SAFE TO DO SO

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