Habla Blog

What you need to know about employer responsibility.

By Rene Beaulieu

Violence in the workplace refers to more than just physical aggression between employees. It can include a broad range of behaviors that endanger the health and well being of any one who visits the workplace, including outsiders such as clients and suppliers.

Threats, stalking and destruction of property are all considered to be forms of violence in varying degrees. If they are not addressed appropriately, any of these examples may eventually escalate to physical violence.

Legal experts confirm that employers have both a regulatory and moral obligation to provide a workplace free from violence, or the threat of violence. This responsibility extends to anyone else who visits the workplace.2

Recent changes to legislation across North America have permitted the courts to find negligence, and in one case, criminal negligence, when employers fail to provide a safe environment. Failing to take action against work place violence has removed years of profits from the bottom lines of businesses large and small.

In a survey of workplace violence carried out by the Bureau of Labor Statistics1 5.3% of the respondents in private industry recorded an incident of workplace violence in 2005. Of these, 35.5% reported that the incident had a negative impact on their employees. Unbelievably, more than 89% of those who reported violence did not change their policies or procedures subsequent to the event.

Legal experts strongly agree that it is extremely difficult to successfully defend litigation or insurance claims where there are no policies or procedures on violence. It is even more difficult where there is precedent established such as when an incident has already taken place within your organization or within your industry. Statistics related to violence in the same industry will be used to establish what each employer in the industry should know and respond to.

In order to discharge their responsibilities for due diligence, management must take four actions:

1. Communicate

Communication, whether it is verbal or non-verbal, is the most important component of any peacekeeping strategy. It isn’t just the first step towards preventing violence; it is the foundation of every step that follows.

a. Inform your staff of your commitment to preventing violence. To do this, create a clear policy that defines violence and the consequences of violent behavior. Ensure that your employees are kept up-to-date on all your organization’s violence related policies and procedures.

b. Open the lines of communication both ways. Make certain that your employees have the means to report incidents of violence when they occur, and that they feel safe approaching management with their concerns. Your staff should also be given the opportunity to make suggestions on how to improve the safety of the workplace.

2. Monitor

As working conditions change, and clients and staff members come and go, the potential that violence could occur in the workplace is affected as well. Employers must carefully monitor both the environment and the procedure by which employees do their work, and learn to identify warning signs that a client, intruder or supplier may become violent.

a.  Identify risk factors within the workplace: Consulting a security professional to assess the potential for violence in your workplace is the best way to obtain detailed and complete information on which methods of protection are best suited to your workplace environment. A certified professional can quickly and economically perform a threat assessment and recommend a course of action that is tailored to your specific needs. With this knowledge, you can implement the appropriate measures the first time, saving valuable company resources.

After an initial assessment, risk assessments should be carried out regularly, and they should also be performed whenever the routine or physical layout of the workplace undergoes a significant change. An assessment should involve all employees, and can include group discussions, individual interviews or surveys, visual inspections and reviews of previous incidents.3

b.  Keep and Review Records: Reports of both violent and potentially violent incidents, as well as the results of assessments should all be documented in an organized fashion, and saved for analysis. By keeping and reviewing records, employers are more likely to identify trends and potential hazards.

c.  Consider incidents that have taken place in similar workplace environments: Don’t repeat mistakes that have already been made by someone else. Employers should understand the risks associated with their line of work, and keep track of current events in organizations like their own. Your local police department, your insurer, security professionals and your occupational health and safety enforcement agency are all good sources of information.

 

3. Plan

Once the potential risks of a particular workplace have been identified, preventative measures must be put in place to address them.

a. Develop preventative measures: These can involve changes or additions to company procedures or the physical layout of the workplace. Ensure that evacuation routes are clear and easily accessible, and consider designating an employee safe room or safe area that can be used in a lock-down situation.

Security systems can help to reduce workplace violence, but they need to be the right ones for your environment. Many organizations rely on cameras to ensure their security. However, cameras are a reactive tool, and in many cases they aren’t of use until after a violent event has already taken place. Similarly, entry screening can also be useful, but may not be ideal to your circumstances. Finding the right choice within the myriad of possible solutions comes down to one issue: expertise.

b. Train your staff: Give your employees violence related training and education on policies and procedures specific to your company. This should include how to recognize warning signs of violence, how to avoid and defuse a potentially violent situations and what to do when violence occurs.

c. Prepare for emergencies: By creating an emergency plan, you can drastically reduce the time that it takes to respond to and resolve problems when they occur. Designate a group of responsible employees with the knowledge and training needed to take charge when a situation arises. Ensure that your employees know who to call in an emergency, when to contact the authorities and how to do so.

4. Take Action

Once all of the necessary preparations have been made, management must be capable of acting on its commitment to preventing violence in the workplace. In order to meet the final requirement for due diligence, management must address all violent acts, potentially violent situations and reports of violence as efficiently and effectively as possible.

a. Investigate reports of violence and potential violence: It is important to investigate all reports of violence quickly, but do so with caution. If an investigation is carried out in an inappropriate or unethical manner, it can lead to serious legal ramifications. Management should decide in advance whether investigations should be handled externally, by service providers, or internally, by employees with special training.3

b. Providing assistance: When an incident of violence has occurred, the most immediate concern should be providing those present with any support that they need, such as medical attention, therapy and compensation.

In looking for a security professional to assist in developing preventative measures and putting them into action, it is important to seek out the right credentials. Personnel certified by ASIS, the largest security qualification organization in the world, are trained professionals. ASIS credentials have been recognized by the Department of Homeland Security under the SAFETY Act. Look for a Certified Protection Professional (CPP) or a Physical Security Professional (PSP) qualification.

In order to determine how to best apply the foregoing principles to your circumstance, input from an ASIS certified professional is available. Visit our website at www.Securaglobe.com to contact us and learn more.

Sources:

1. Survey of Workplace Violence Prevention 2005. Bureau of Labour Statistics, Department of Labor http://www.bls.gov/iif/oshwc/osch0033.pdf
2. ASIS International (2005) Workplace Violence Prevention and Response Guideline. Alexandria, VA: ASIS International.
3. Violence in the Workplace Prevention Guide, 3rd Edition. (2008) Hamilton, Ontario, Canada. Canadian Centre for Occupationa

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