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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
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Preventing Workplace Violence
© 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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Preventing Workplace Violence
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Best Practices – Violence Prevention Program
- 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
Best Practices – Violence Prevention Program
- 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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Best Practices – Violence Prevention Program
- 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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Preventing Workplace Violence
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Best Practices - Violence Prevention Program
- 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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Best Practices - Violence Prevention Program
- 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