By Bobbie J. Fox
SCF Attorney
One of the pieces to the puzzle in preventing and reacting to workplace violence is having an effective workplace violence policy.? What should you include?? First, have a ?No Threats, No Violence? policy that is communicated to employees at the time of hire and throughout employment.?The policy should clearly announce the employer?s safe workplace commitment, and set out a code of conduct prohibiting violence, threats or bullying, that applies on and off site during work related activities.?Second, define unacceptable behavior and the consequences.? Third, explain how to report a concern and what happens when you do.?To simplify the elements of an effective policy, I have constructed a list below.
??Affirm the employer?s commitment to a safe workplace;
??Define unacceptable behavior, i.e. prohibit threats of violence, direct and indirect;
??Regulate or prohibit weapons on company property or while doing company business (state laws vary);
??Require prompt reporting of any circumstances that raise a safety concern of violence (including warning signs);
??Allow several avenues of reporting, i.e. human resources, security, Threat Management Team;
??State that an investigation may be conducted, with appropriate confidentiality;
??Stress the employee?s obligation to report signs of workplace violence;
??Explain that retaliation for employees who make a good faith report is prohibited;
??State that discipline may result up to and including termination;
??Ensure all employees acknowledge receipt and understanding of the policy in writing;
??Include domestic violence reporting, or address in a separate policy;
??Communicate that local domestic violence shelters and resources are available;
??Confidentiality ? don?t promise confidentiality but explain that information will be communicated on a need-to-know basis;
??Consider an ethics or whistle blowing hotline, so reports of workplace violence can be provided anonymously;
??Refer to other policies that may apply such as a substance abuse policy, code of conduct, anti-harassment and discrimination policy, computer use policy, privacy policy that refers to the ability of employer to investigate and access e-mail and company property and
??Train your employees on your policy and reporting procedure.? Awareness is key.
For more? information, see American National Standard, Workplace Violence Prevention and Intervention, ASIS/SHRM WPI.1-2011, p.14 (American National Standards Institute, Inc. 2011).
Read a sample workplace violence policy.
Not only is having a policy the responsible thing to do, but it also helps limit legal liability if the unthinkable happens. All employers have a legal obligation to their employees to provide a safe place to work.?Section 5(a)(1) of Occupational Safety and Health Act of 1970 states that the employer must furnish a place of employment that is ?free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.??OSHA interprets this to include preventing workplace violence and may impose civil and criminal penalties for violations.?Arizona?s Occupational Safety and Health Act, enforced by the Arizona Department of Occupational Safety and Health (ADOSH), imposes a similar duty on employers.
Follow Bobbie Fox on Twitter @BobbieJFox.
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Source: http://www.safeatworkaz.com/?p=1914
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