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from BLR Human Resource Network
Rob Shuster believes that employers can’t be 100 percent successful in preventing workplace violence, but that asking the right questions and being on the alert for the right signs can go a long way toward protecting you and your employees. A former law enforcement officer, Schuster is now with IMAC Services, an Ohio-based security firm, and he presented a recent webinar for his company.
The media get it wrong, says Shuster. Their focus is on some 10 percent to 15 percent of all workplace violence—that which is employee versus employee, including spillover domestic violence and hostility from individuals who’ve been laid off or caught stealing from the company. The other 85 percent—much of which employers may not be able to prevent—comes from outside: It is perpetrated by nonemployees. Criminals assault employees in parking lots or elsewhere offsite, unhappy customers or clients attack customer service representatives, or thieves rob cashiers at gunpoint. The most at-risk sectors for this type of external violence are facilities that provide health care or social services and late-night retailers.
Use a broad definition. To the extent that violence is preventable, Shuster lays out some important steps for employers. First, expand the narrow view of workplace violence that you may hold. Violence need not be physical. Is bullying violence? Yes, absolutely, and it should be defined as such in your written nonviolence policy. Violence includes threats and insults, and all of it needs to be addressed.
Have employees sign their acknowledgment of your policy, and enforce it. Discipline anyone who insults, threatens, or bullies others, no matter how productive that employee may be in other ways. Remember that the Occupational Safety and Health Act’s general duty clause prohibits workplace hazards that could cause death or serious injury. You must document and report any incident that causes injury, including nonphysical violence.
Build a court-defensible program. Whether violence comes from inside or outside your workplace to injure an employee, you could be sued. Shuster discussed the doctrine of “reasonable foreseeability” to prepare for a defense. You will need to collect data regarding the percentage and types of crime in the community where you do business, and the rates of violence in your industry, especially if yours is a high-risk sector. It’s crucial that you conduct thorough background checks on pending new hires and that all your employees are well trained and well supervised. Neglectful hiring or supervision can make you liable if something goes wrong.
Shuster highly recommends what he calls a “case assessment team.” This is the go-to group for any violence or indication that it may occur. Members will include HR, security, legal, a senior manager, and others as needed.
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2 comments
Nagesh
February 6, 2012 at 7:38 am (UTC -6) Link to this comment
To the person who works in insurance sales – you’re in for a huge wake-up call. You deal with the the sunshine and rainbows side of the business. Taking people’s money is easy. When people actually need that money it’s next to impossible to get it out of this insurance company. My management team has made it incredibly clear that we are to delay, delay then deny. Of course it doesn’t come from “Top” management. I hear it from my direct supervisors. TOP management has absolutely no sense of humanity and only looks at numbers. They don’t have the courage to make that statement directly to me. I have been specifically told to deny a claim since the policyholder was over 80. You know why? They won’t live long enough to make the appeal. I was floored! This is a company that claims responsibility is their policy. This company spits on responsibility. I would never have a policy here. Cancel, cancel, cancel. Everybody cancel your policies with [company name removed].
Maxwell Pinto
December 16, 2011 at 11:28 am (UTC -6) Link to this comment
Workplace bullying has severe consequences, including reduced effectiveness and high employee turnover. An employee who suffers any physical or psychiatric injury as a result of workplace bullying can confront the bully, report the bully to the HR department or to the trade union, if any, or bring a claim of negligence and/or a personal injury claim against both the employer and the abusive employee as joint respondents in the claim. If the law does not persuade employers to deal with workplace bullying, the economic reality will persuade them. Training sessions can help when combined with a confidential reporting structure, but it is difficult to alter the basic nature of some individuals, who may need counselling.
Maxwell Pinto, Business Author
http://www.amazon.com/s/ref=sr_nr_i_1?rh=k%3Amaxwell+pinto%2Ci%3Adigital-text&keywords=maxwell+pinto&ie=UTF8&qid=1323793453