"DYING TO WORK" PART V: WHAT EMPLOYERS CAN DO OSHA Occupational Safety & Health Act General Duty Clause Section 5 (a) "Each employer shall furnish to each of his (or her) employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause them death or serious physical harm." I. Employer Liability A. Employee Injures Third Party The Employer may be held liable if it can be determined that the employer was negligent in hiring the employee or if the employer was negligent in supervising the employee. B. Employee Injures Co-Worker In most cases, it will not be a matter as to whether or not the employer was liable. The mere fact that an employee was hurt will invoke Workers' Compensation. II. Screening Procedures A. Application Forms 1. Determine if the current form asks adequate information about the employee. 2. Follow-up on any questions that are not answered or are evasive. 3. Verify the information. B. Work History 1. Relationships. Find out how the employee interacted with co-workers and department supervisors. 2. Authority. Get the name of the employee's former supervisors so that you can obtain information from them. 3. Transitions. Ask them why they left a certain company. For every good reason they give you (challenges, more money) there may be a negative reason why they left. C. Clearly Communicate Company Policies 1. Inform employees that lies or omissions on the application form will be grounds for denial of employment or dismissal. 2. Zero tolerance for violence. Have the employee sign a declaration to indicate he understands the policy and is aware of the consequences for violating such a policy. D. Scrutinize Hiring Practices 1. Look at the areas where you might be stretching or minimizing information that the application gives you. 2. Don't hire someone quickly. Take the time to check their information. 3. Interviewers should investigate three areas: a. The competency of the individual. b. The character of the individual. c. The chemistry of the individual. Most managers simply focus on the competency of the individual. However, it's the chemistry of the individual that seems to be the most important factor in workplace violence. E. Check and Document 1. Call former employers. Ask specific behavior-oriented questions. 2. Ask about the employee's performance reviews. 3. Document your findings. Write down all the steps and information that you obtained so that you can show that adequate steps have been taken to protect your employees. F. Psychological Testing There are two commonly accepted types of sychological tests: 1. MMPI - Minnesota Multi-Phasic Personality Inventory. 2. CPI - California Personality Inventory. Both of these test are extremely good clinical tools but may not be legal tools in your state. Contact an attorney to find out if these tests can be used by your company. III. Toxic Workplace A work environment that is more conducive to workplace violence is sometimes referred to as a "toxic workplace." These work environments are usually characterized by: A. Chronic labor and/or management disputes. B. Frequent grievances filed by employees. C. An extraordinary number of injury claims. D. Under staffing or excessive demands. E. Autocratic management. F. Employees who feel they are treated unfairly or are shown no respect. While there is no fool-proof prescription for eliminating workplace violence, employers can: ADOPT PREVENTION STRATEGIES CONDUCT TRAINING PROGRAMS PROVIDE SELECTED SERVICES I. Adopt Prevention Strategies A. Design a Crisis Plan Have a plan. If you have a plan, employees will feel more secure. Without a plan, employees may try and take matters into their own hands. B. Develop Clear Policies On Violence, Harassment and Substance Abuse 1. It is important to establish parameters of acceptable behavior so that the employee knows how to meet the behavioral requirements of the company. 2. Drug Testing. a. When scheduling drug testing, make sure the tests are conducted on the same day or the following day from the time the employee is notified. b. Provide on-the-job substance abuse programs. (1) This will save money on insurance claims (2) May save lives C. Establish A Complaint Procedure For Customers and Employees. Customers and Employees need to know that there is a clear procedure for getting their problems solved. Employees will feel more protected, thus improving productivity and dignity within the workplace. D. Establish A Procedure For Handling Threats. 1. Handle all threats as if they are real. 2. Promote a Zero Tolerance Policy for threats. 3. Define the threat. Some companies feel that employees are the best ones to determine if a co-worker has threatened them. 4. Investigate the threat. a. Write down the exact words of the threat. b. Determine the validity of the threat and notify the necessary people (i.e. the person who was threatened, other departments, etc.) 5. Conduct a Threat Assessment: a. Look for behavioral disorders. b. Look for alcohol or substance abuse. c. Look for a past history of violence. (This is one of the best indicator's of potential future violence.) d. Look for stability within the family. Is the individual able to maintain a close relationship with kids or family members? 6. Work History. Has the individual had steady employment or have they moved from job to job? 7. Maintain Confidentiality, if Possible. a. Tell employees that it is against company policy to retaliate against the person who filed the complaint. b. If there is sufficient documentation to believe that a threat may be real, tell the offending employee to go home until the investigation is completed. It is suggested that you suspend the employee with pay. c. Consider alternatives. (1) Increase security temporarily (2) Bring in law enforcement (3) Get a temporary Restraining Order (4) Contact available mental health services E. Conduct Exit Interviews 1. Employees leaving the company may have some suggestions about how to make the company better. 2. It is also an opportunity to evaluate and monitor the employee's frame of mind. An employee may be angry or concerned about why they're leaving the company. Alert security if the employee is extremely angry and makes threats against individuals or the company. Also, remember that EAP services can still be provided for an employee that is terminated. F. Review & Update Security Programs & Procedures 1. Decide which areas are off limits to the public and determine how to limit access to those areas. 2. Establish a procedure for handling telephone threats. 3. Consider Deterrents: a. Security Guards. b. Metal Detectors. c. Badges. d. Signs. 4. Designate Safe Rooms. 5. Install Panic Buttons. G. Get Acquainted with Local Law Enforcement & CPTED (Crime Prevention Through Environmental Design) 1. It is a good idea to designate a person to act as a liaison to the local police. 2. Have the police become familiar with your company. a. Where are the stairs located? b. How do the elevators work? c. Who has the keys? d. Have them become familiar with the general layout of the company. 3. CPTED: Crime Prevention Through Environmental Design. This is a system for controlling a person's behavior by modifying their environment. (Example: keep a barrier between employees and customers such as a counter or desk). Ask local law enforcement for information and suggestions. II. Conduct Training Programs A. Establish and Train a Crisis Team A Crisis Team should consist of: a. Security. b. Human Resources. c. A Senior on-site manager. d. Legal counsel. e. EAP or Psychologist. f. Communications Expert(s) that deal with internal and external communication. B. Train Personnel to Recognize Troubled Employees and Customers. Supervisors need to get to know employees on a personal level. 1. Supervisors should become more aware of external factors that can affect the workplace (i.e. domestic violence). 2. Behavioral changes supervisors should notice: a. Absenteeism. b. Chronic tardiness c. Altercations with employees and supervisors. d. Dilated pupils. e. Individuals who have stopped caring. (1) Changes in personal grooming (2) Changes in dress (3) How they relate to supervisors at work C. Train Personnel In Conflict Resolution These are the suggested steps to follow when you are trying to resolve a conflict: 1. State the Problem a. Don't talk about attitude. b. Describe the inappropriate behavior. 2. Ask the person to "Tell You About It." Don't talk about impact. 3. Listen. There should be eye-to-eye contact. 4. Summarize their position. 5. Tell them your position. Be kind but direct. 6. Allow them to make any additional points. 7. Summarize their response to show them you are listening and have understood their position. 8. Discuss Impact. 9. Ask For Possible Solutions. 10. Formulate A Plan for Success. a. Start with the easiest behavioral changes. b. Put the plan on a time table. 11. Show Confidence In the Plan. D. Provide Employee-Safety Education Programs 1. Conduct Stress Management Seminars. 2. Arrange training for employees on how to deal with disgruntled customers. 3. Arrange classes on how to supervise an emotionally enraged individual. 4. Provide classes to deal with transitions or changes (i.e downsizing, mergers, etc.). III . Provide Selected Services A. Counseling or EAP Services usually provide assistance in these areas: 1. Substance abuse. 2. Stress. 3. Troubled Employees. 4. Management Training. B. Outplacement Services. These types of services help to lower anxiety for employees who have been terminated. 1. Resume Services. 2. Finding another Job. C. Post-Trauma Services Critical Incident Stress Debriefing or Crisis Intervention can help to: 1. Lower traumatic Stress. 2. Increase productivity. 3. Reduce Workers' Compensation claims. D. Be Fair 1. Communicate company policies to the employees. 2. Allow the employee to see how the company makes decisions. 3. Allow the employees to see the structure of the company. 4. Treat employees equally whether rewarding them or punishing them for an infraction. 5. Show all employees respect.