Nevada Complex Litigation

Workplace Violence Resources and Links

                                                                                                                                  While preparing for a presentation to the Risk and Insurance Management Society (RIMS), I came across the following list of Workplace Violence Resources.  I believe you will find them helpful.                                                                                          

Aspen, Jack, “Navigating the Workplace Violence Maze: How Identifying the Risks and Setting Controls Can Help Protect Your Workers”.  US Insurance News, December 2007.
http://www.usnow.com/documents/articles/us_insur_news_dec07.pdf

“Chart Package for Survey of Workplace Violence Prevention”.  US Department of Labor, Bureau of Labor Statistics,  October 27, 2006.  http://www.bls.gov/iif/oshwc/osch0033.pdf

“Combating Workplace Violence, Guidelines for Employers and Law Enforcement”.  International  Association of Chiefs of Police.   http://www.theiacp.org/pubinfo/pubs/pslc/pslc1.toc.htm

“Dealing with Workplace Violence, A Guide for Agency Planners”.  US Office of Personnel Management, Office of Workforce Relations, February 1998.  http://www.usda.gov/oig/webdocs/full.pdf

“Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers”.   MEDCEU.  OSHA-Workplace Violence 2007 Update.
http://www.medceu.com/index/index.php?page=get_course&courseID=1813&nocheck

“Preemployment Background Screening Guideline”.  ASIS International, September 2006.
http://www.asisonline.org/guidelines/guidelinespreemploy.pdf

“Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments”  US Department of Labor, Occupational Safety and Health Administration, 1998. http://www.osha.gov/Publications/osha3153.pdf

“Survey of Workplace Violence Prevention”.  US Department of Labor, Bureau of Labor Statistics, October 27, 2006.  http://www.bls.gov/iif/oshwc/osnr0026.pdf

Turner, James T. and Michael G. Gelles, Threat Assessment, A Rick management Approach.
New York: The Haworth Press, 2003.

“Workplace Violence Prevention and Response Guideline”.  ASIS International, September 2005.
http://www.asisonline.org/guidelines/guidelineswpvfinal.pdf

"Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" US Department of Labor, Occupational Safety and Health Administration, 2004 http://www.osha.gov/Publications/OSHA3148/osha3148.html   

"Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" Forty-seven slide Power Point presentation US Department of Labor, Occupational Safety and Health Administration, 2004 http://www.osha.gov/dcsp/ote/trng-materials/wp-violence/healthcare/index.html 

School & Workplace Violence Resources

Let me start by expressing my sympathy for all affected by yesterday's shooting at Northern Illinois University and the other recent incidents of school and college violence.  It saddens me that education and business professionals must face this issue in order to try to protect students, employees and loved ones.

As an attorney who writes about and speaks on Workplace Violence Threat Assessment, I have discovered a few resources which I would like to share here.  Please feel free to forward this to any one working in the area of school/business management and human resource professionals.

First, I would like to recommend the American Psychological Association (APA).  This very professional group has many resources for employers of every size.  One article worth mentioning here is "Warning Signs of Youth Violence".  I would encourage all employers to read it as about 80% of these signs can be applied to most workplaces.

Next, I would like to tip my hat to the International Association of Chiefs of Police (IACP).  Two of their many excellent publications are: "Guide for Preventing and Responding to School Violence" and "Combating Workplace Violence", Guidelines for Employers and Law Enforcement.

On the Center for Effective Collaboration and Practice (CECP) website, you will find a "School Violence Prevention and Intervention" resource list.  Many are in Spanish & English.

The FBI has a "School Violence Resources" page, and again many of these resources are applicable to most workplaces.

School violence is workplace violence.  Let us all try to learn from these school tragedies. Then let's apply something we have learned to our own workplaces to make them a little safer.

When is Workplace Violence an OSHA Concern?

Theoretically, workplace violence should be a high priority for OSHA.  After all OSHA is an acronym for the U.S. Department of Labor Occupational Safety and Health Administration. 

Each week in the United States, an average of 33,000 workers are assaulted on the job and 17 are murdered.  More than half of all workplace homicides occur in retail or service settings such as conveniences stores, taxicab services, and gas stations.

As such, most assistance from OSHA related to workplace violence is focused on retail and high risk service businesses.  Much of the info I found was related to violence in the healthcare industry, specifically hospitals, assisted living facilities etc.

OSHA tends to address workplace violence as follows (from their website):

There are currently no specific standards for workplace violence. However, this page highlights Federal Registers (rules, proposed rules, and notices) and standard interpretations (official letters of interpretation of the standards) related to workplace violence.    

And of course:  ...[I]n cases where a particular hazard is not addressed by any OSHA standard, the general duty clause may be cited. The general duty clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, applies to all employers and requires each employer to provide employees with a place of employment which is free of recognized hazards that may cause death or serious physical harm. Section 5(a)(1) citations must of course meet the requirements outlined in OSHA's Field Inspection Reference Manual (FIRM) Chapter III. C., and will only be issued where there is a serious and recognized hazard in the workplace which can be feasibly abated.

Here is the bottom line: any employer who is waiting for direction from OSHA is putting employees at risk.  Furthermore, do you really want OSHA more involved in your business?

Employee Termination Time

It is usually a good practice to promptly terminate bad employees.  Keeping bad employees can create or contribute to a hostile work environment.  It will usually lead to larger legal problems than termination.

Most of you reading this have your own procedures for terminating employees.  They typically include:

• Document problems, warnings and attempted resolutions
• Have a witness with you when terminating an employee
• Explain to the employee the expected performance, the steps you have taken to help them meet that performance, and that they have not met them
• Let the employee vent…Do not argue!
• Have any important files on the employees computer backed up prior to termination
• Change employees password(s) and access
• Explain when their last paycheck is coming, when benefits terminate, and Cobra info when appropriate

If possible, fire the employee on a Monday.  Employees fired on Friday have the whole weekend to stew in their grief and/or anger.

CareerBuilder.com has a great list of “Ten Reasons Bad Employees Don’t Get Fired”. It’s a quick read and has some good points.

Are There Precursors to Workplace Violence?

This is probably one of the most asked questions about workplace violence and threat assessment.  While the answer is relatively clear, it does have 2 sides.

Research illustrates that the vast majority of workplace violence incidents involve a perpetrator who is known in the workplace.  This person is often a past or present employee, customer, vendor or a relative of an employee.

Case histories of workplace violence show a very clear pattern.  In over 95% of the cases, verbal abuse preceded intimidation and/or threatening behavior which then escalated into physical violence.

Here’s the challenge.  Huge numbers of reports of verbal abuse, threats (including threats of violence), intimidation, etc. have NOT lead to any physical violence. 

Today’s employers have no choice.  Policies related to verbal abuse, arguing and any form of threatening behavior must be in place and enforced on every level, in every place of business.  Additionally, many employers can benefit from the formation and training of a threat assessment team.

As a lesson, here’s a true story.  The managing partner of a litigation firm heard a commotion and upon following the noise discovered 2 paralegals physically fighting in the copy room.  Immediately upon breaking them up, he heard allegations about who “started” it.

Both employees were terminated immediately.

Both filed worker’s comp & unemployment claims.

After they were gone, the managing partner learned that there was “bad blood” and numerous arguments between the 2 paralegals.  But, no one had reported the verbal sparring to him.

Where to Find Nevada Laws for Employers

If you are an employer in Nevada, you and your entire HR department should have this website at your fingertips at all times. 

It is NRS CHAPTER 613 - EMPLOYMENT PRACTICES

All employment law in Nevada starts there and if you do, you may not end up in court.

Feel free to contact me if you have any questions.

Bill Cooper

702-382-5111