From OSHA
What is workplace violence?
Workplace violence is violence or the threat of
violence against workers. It can occur at or
outside the workplace and can range from
threats and verbal abuse to physical assaults and
homicide, one of the leading causes of job-related
deaths. However it manifests itself, workplace
violence is a growing concern for employers and
employees nationwide.
Who is vulnerable?
Some 2 million American workers are victims
of workplace violence each year. Workplace
violence can strike anywhere, and no one is
immune. Some workers, however, are at
increased risk. Among them are workers who
exchange money with the public; deliver
passengers, goods, or services; or work alone or
in small groups, during late night or early
morning hours, in high-crime areas, or in
community settings and homes where they have
extensive contact with the public. This group
includes health-care and social service workers
such as visiting nurses, psychiatric evaluators,
and probation officers; community workers such
as gas and water utility employees, phone and
cable TV installers, and letter carriers; retail
workers; and taxi drivers.
What can these employers do to help
protect these employees?
The best protection employers can offer is to
establish a zero-tolerance policy toward
workplace violence against or by their employees.
The employer should establish a workplace
violence prevention program or incorporate the
information into an existing accident prevention
program, employee handbook, or manual of
standard operating procedures. It is critical to
ensure that all employees know the policy and
understand that all claims of workplace violence
will be investigated and remedied promptly.
In addition, employers can offer additional
protections such as the following:
Provide safety education for employees so
they know what conduct is not acceptable,
what to do if they witness or are subjected
to workplace violence, and how to protect
themselves.
Secure the workplace. Where appropriate
to the business, install video surveillance,
extra lighting, and alarm systems and
minimize access by outsiders through
identification badges, electronic keys, and
guards.
Provide drop safes to limit the amount of
cash on hand. Keep a minimal amount of
cash in registers during evenings and latenight
hours.
Equip field staff with cellular phones and
hand-held alarms or noise devices, and
require them to prepare a daily work plan
and keep a contact person informed of their
location throughout the day. Keep employerprovided
vehicles properly maintained.
Instruct employees not to enter any location
where they feel unsafe. Introduce a “buddy
system” or provide an escort service or
police assistance in potentially dangerous
situations or at night.
Develop policies and procedures covering
visits by home health-care providers. Address
the conduct of home visits, the presence of
others in the home during visits, and the
worker’s right to refuse to provide services in
a clearly hazardous situation.
How can the employees protect
themselves?
Nothing can guarantee that an employee will
not become a victim of workplace violence. These
steps, however, can help reduce the odds:
Learn how to recognize, avoid, or diffuse
potentially violent situations by attending
personal safety training programs.
Alert supervisors to any concerns about
safety or security and report all incidents
immediately in writing.
Avoid traveling alone into unfamiliar locations
or situations whenever possible.
Carry only minimal money and required
identification into community settings.
What should employers do following
an incident of workplace violence?
Encourage employees to report and log all
incidents and threats of workplace violence.
Provide prompt medical evaluation and
treatment after the incident.
Report violent incidents to the local police
promptly.
Inform victims of their legal right to prosecute
perpetrators.
Discuss the circumstances of the incident with
staff members. Encourage employees to
share information about ways to avoid similar
situations in the future.
Offer stress debriefing sessions and posttraumatic
counseling services to help workers
recover from a violent incident.
Investigate all violent incidents and threats,
monitor trends in violent incidents by type or
circumstance, and institute corrective actions.
Discuss changes in the program during
regular employee meetings.
What protections does OSHA offer?
The Occupational Safety and Health Act’s
(OSH Act) General Duty Clause requires
employers to provide a safe and healthful
workplace for all workers covered by the OSH
Act. Employers who do not take reasonable steps
to prevent or abate a recognized violence hazard
in the workplace can be cited. Failure to
implement suggestions in this fact sheet, however,
is not in itself a violation of the General Duty
Clause.
How can you get more information?
OSHA has various publications, standards,
technical assistance, and compliance tools to help
you, and offers extensive assistance through its
many safety and health programs: workplace
consultation, voluntary protection programs,
grants, strategic partnerships, state plans,
training, and education. Guidance such as
OSHA’s Safety and Health Management
Program Guidelines identify elements that are
critical to the development of a successful safety
and health management system. This and other
information are available on OSHA’s website at
www.osha.gov.
For a free copy of OSHA publications, send a
self-addressed mailing label to this address:
OSHA Publications Office, P.O. Box 37535,
Washington, DC 20013-7535; or send a
request to our fax at (202) 693-2498, or call
us at (202) 693-1888.
To file a complaint by phone, report an
emergency, or get OSHA advice, assistance,
or products, contact your nearest OSHA
office under the “U.S. Department of Labor”
listing in your phone book, or call us toll-free
at (800) 321-OSHA (6742). The teletypewriter
(TTY) number is (877) 889-5627.
To file a complaint online or obtain more
information on OSHA federal and state
programs, visit OSHA’s website.
U.S. Department of Labor
Occupational Safety and Health Administration
2002
Preventing Violence in the Workplace
by Jurg W. Mattman, CPP
Few would argue that over the past ten years, occupational violence has become a serious problem facing workers and employers alike.
According to the National Institute for Occupational Safety and Health (NIOSH), nearly 7000 workers were victims of homicide in the workplace during the period of 1980 to 1989. Among female employees, homicide was the number one cause of death. In 1992, five states and the District of Columbia reported that homicide was the leading cause of occupational deaths for all employees, men or women.
If on average, 700 workers died each year in the 1980s, how many others must have been victims of non-lethal attacks? Northwestern National Life reported that more than 2 million Americans, or 15 percent, were victims of physical attacks at the workplace during 1992. Eighteen percent were attacked with a deadly weapon. Other experts believe these figures to be too conservative since they may not take into account acts of violence committed outside, but originating inside, the workplace.
Clearly, something must be done. Employees not only deserve a safe work environment, several states mandate it. Labor attorneys recognize that employers may be exposing their corporations to potentially costly litigations if there is no Workplace Violence Prevention Program and executives are being made aware of the enormous costs associated with incidents involving occupational violence.
Three questions deserve closer examination: Why the increase in workplace related violence? How does an incident involving occupational violence affect a business economically? And what can be done to avoid violence in the workplace?
The Growth of Occupational Violence
Incidents of work related violence were virtually unheard of until the 1970s. Since then, it has more than tripled. As companies down-size, reorganize, reengineer, and demand more of each employee, stress levels increase to the breaking point, causing work related violence to escalate.
Most experts agree that social issues, especially substance abuse, illegal drugs, layoffs, and poverty are major contributors to occupational violence. The ease with which guns can be obtained, excessive graphic violence on TV and in movies, language and ethnic differences among workers, and the general acceptance of violence as a form of communication by a large segment of our population are other causes frequently cited by those closely associated with this problem.
The Economics of Violence
Top management is just now starting to recognize the enormity of the financial consequences associated with an incident involving workplace violence. The three most affected areas are costly litigations, lost productivity, and damage control. Research conducted by the Workplace Violence Research Institute (WVRI) revealed that multiple law suits were filed against the employer in each instance where the act resulted in deaths or injuries. The causes for the litigations involving acts of violence by employees are generally negligent hiring and negligent retention. Since most cases are settled out of court, accurate average costs are not known. There are, however, several recent awards in excess of 3 million dollars, including the $4.25 million awarded on December 3, 1993 to a postal employee shot by a co-worker in Dearborn, Michigan.
Lost productivity following an incident is frequently underestimated. Losses in productivity occur throughout the enterprise with decreases of up to 80 percent for up to two weeks immediately after the incident. Losses are caused by the unavailability of the killed or injured worker, work interruptions caused by police and internal security investigations and damage to the facility, time lost by surviving employees talking about the incident and the details leading up to it, decreased efficiency and productivity due to post-traumatic stress syndrome, and time spent by employees in counseling sessions.
Every company surveyed by the WVRI which had a workplace violence related incident reported a dramatic increase in employee turnover and an equally dramatic drop in employee morale. Among the many reasons cited for these changes is the fact that most individuals readily accept responsibility for their own safety and security at home. However, almost all employees feel that it is the employer�s duty to provide a safe work environment. Therefore, employees feel betrayed when a violent incident occurs at work. The direct financial consequences of turn-over and low morale are hiring and training expenditures and decreased productivity.
Damage control has both tangible and intangible cost factors. Media accounts of the incident, whether accurate or not, and rumors that always follow, may influence the buying decisions of the firm�s customers. Restoring the corporation�s reputation following charges of incompetent or irresponsible management may require a major commitment of both human and financial resources.
Protecting Workers from Violence
The final questions is: What can be done to avoid occupational violence? The answer is not so much what should be done but what must be done. Since proven methods exist to reduce workplace violence, every company has a responsibility to implement a Workplace Violence Prevention Program. Not to do so exposes employees to unnecessary risks and may well violate labor laws in some states.
There is, of course, no one solution for all acts of work related violence. In some cases, such as hold-ups of jewelry, liquor, and fast-food stores, traditional security measures must be implemented. However, those incidents that most people now call "workplace violence" and which involve present or former employees, clients, and customers (including applicants for welfare or unemployment) require the efforts of a committee comprised of representatives of various departments. Depending on the size and complexity of the company, the Executive Committee charged with implementing and administering the Workplace Violence Prevention Program may include Human Resources, Employee Assistance, Legal Counsel, Medical, Risk Management, Security/Loss Control, Plant Management, and Union Leadership.
However, for a program with such a diversity of participants to succeed, two prerequisites have to be met. One, the program must have the support and endorsement of top management. This could be evidenced by a letter from the chairman, president, or CEO to all employees and a separate memorandum to all affected department heads mandating their personal participation. Two, the chairperson of the committee should either be an executive higher than the participating department heads or an experienced consultant approved by senior management.
New Hire Practices
Proper screening procedures during the hiring process will keep potentially dangerous individuals out of the work force. These procedures should include a clear warning to all applicants that the enterprise conducts thorough background investigations of all new employees and requires a signed waiver to allow the company access to criminal, drivers, employment, financial, military, and other appropriate records. In addition, all prospective employees should be warned that they are subject to random drug and alcohol testing and that failing the test is reason for immediate dismissal.
Being made aware of policy, many would-be applicants never complete their application forms. Human resources or security department personnel should carefully check each item on the application. Repeated studies have shown that up to 42 percent of applications contain intentional misstatements of material facts. They include inflated employment periods to hide jobs with unsatisfactory performance, termination for cause (theft, fighting, insubordination), or time spent in jail. Frequently, applicants list non-existent undergraduate and graduate degrees and exaggerate their position descriptions and accomplishments.
It is true that it is increasingly difficult to get meaningful performance and conduct information from a former employer. Frequently, a personal visit to the applicant�s former place of employment will bring more successful results, especially if they are provided with a copy of the waiver signed by the employee.
References furnished by the applicant rarely have negative comments. They should, however, be used to obtain names of other people who are familiar with the applicant. These individuals and others whose names will be furnished by them will probably give you the information needed to make a meaningful evaluation.
"Reading" criminal and motor vehicle records may require some assistance from a security practitioner, private investigator, or police officer. A "reckless driving" conviction may be a reduced charge of driving under the influence of illegal drugs or alcohol. Petty larceny could be a plea-bargained charge of grand theft.
Finally, each applicant should be interviewed individually by two responsible members of the company�s staff at different times. This provides another opportunity to question and obtain concurring opinions on the suitability of the applicant.
Firing Procedures
To reduce the possibility of violence resulting from a termination, p olicies and procedures should be designed to assist those responsible for carrying out this task. Although procedures may vary depending on the type of business, the following items should be considered:
- Terminate at the beginning or the end of the shift.
- Do not allow the employee to return to his/her work area.
- Make the firing a statement of fact, not a discussion or debate.
The act of termination and all associated paperwork and other activities including counseling and/or out placement, should take place in the same locale.
The terminated employee�s dignity must be preserved.
Post-termination communications should be future-oriented.
If a violent reaction can be reasonably anticipated, brief the security department and ask them to stand by.
VIOLENCE PRONE BEHAVIOR
Research of over 200 incidents of workplace violence revealed that in each case, the suspect exhibited multiple pre-incident indicators that included the following symptoms:
- Increased use of alcohol and/or illegal drugs
- Unexplained increase in absenteeism
- Noticeable decrease in attention to appearance and hygiene
- Depression and withdrawal
- Explosive outbursts of anger or rage without provocation
- Threatens or verbally abuses co-workers and supervisors
- Repeated comments that indicate suicidal tendencies
- Frequent, vague physical complaints
- Noticeably unstable emotional responses
- Behavior which is suspect of paranoia
- Preoccupation with previous incidents of violence
- Has a plan to "solve all problems"
- Resistance and over-reaction to changes in procedures Increase of unsolicited comments about firearms and other dangerous weapons
- Empathy with individuals committing violence
- Repeated violations of company policies
- Fascination with violent and/or sexually explicit movies or publications
- Escalation of domestic problems
- Large withdrawals from or closing his/her account in the company�s credit union.
During post-incident investigations, employees and co-workers in each case stated that they observed one or more of these symptoms but considered them insignificant or just "weird" behavior. Unfortunately, these employees had not been briefed in symptom recognition of potentially violent behavior, nor given instructions on how to report such information.
Employee Education
Probably the most effective way to identify and thus have the opportunity to correctly deal with a potentially violent employee, client, or customer is through employee education and the adoption of a "Confidential Information Collection and Evaluation Center" (CICEC).
Additionally, without seminars or workshops, most employees feel that bringing odd behavior to the attention of the company constitutes a form of "ratting" or informing on their co-workers. Not until the system is explained to them in a training session do they realize that reporting such potentially dangerous behavior is in the best interest of all, including the offender. Only if management is aware can they take appropriate actions, including counseling for the troubled employee.
The most effective vehicle to deal with the identification, collection, and evaluation of workplace violence related information is the CICEC. Employees are given a toll-free, 24-hour, "800" telephone number to report suspect behavior by a co-worker, client, or customer. Once an employee files such a report, he or she is issued a personal identification number (PIN) to assure continued anonymity and asked to call back at the end of the next business day. The information is then checked against other information previously received on the same individual. The evaluator, an expert on occupational violence, will brief members of the Executive Committee and make recommendations concerning appropriate actions that should be taken. The requested call-back by the reporting employee gives the evaluator the opportunity to obtain clarification or additional information.
To be effective, all employees must have complete trust in the integrity and confidentiality of the CICEC. For this reason, only very large corporations should have this function in-house. Others may select a well-established, reputable outside firm to handle this task.
NEWS
Nurses say they are fed up with workplace violence
Updated Sat. Apr. 25 2009 11:21 PM ET
Angela Mulholland, CTV.ca News Staff
A recent report highlighted what is a disturbing fact of life for many Canadian nurses: physical abuse. Now, many are worried that if nothing changes, nurses will start leaving the profession in droves.
The report from Statistics Canada found 34 per cent of nurses in Canada had been physically assaulted by a patient in 2005. Those working in geriatrics and long-term care facilities were most likely to experience physical abuse, while registered psychiatric nurses were also particularly at risk.
The statistics are similar to numbers released in the 2005 National Survey of the Work and Health of Nurses. That survey of nearly 19,000 nurses found that more than a quarter reported they had been physically abused by a patient in the previous year.
Linda Haslam-Stroud, a registered nurse and president of the Ontario Nurses Association, says on-the-job violence is nothing new for nurses and the numbers may even underestimate the problem.
"These stats tell the tale of what we have been living with each and every day on the front lines," Haslam-Stroud told CTV News. "This is just the tip of the iceberg. Nurses generally underreport violence. We accept it as part of our job."
Haslam-Stroud believes the numbers are likely to rise if nothing changes to curb violence, as older nurses are replaced by younger nurses who are more likely to report abuse.
Shawn Smith is a nurse who's experienced violence first hand. He says patients he cared for in the psychiatric ward of an Ottawa hospital would regularly punch, bite and hit him. Then, two years ago, he responded to a "code white" incident in which a patient was attacking a co-worker.
"The patient was punching one of our orderlies in the head and screaming 'I'm going to kill you.' I had to wrestle the patient off of the orderly," he remembers.
During the scuffle, Smith's back and knee were injured. Even after a number of surgeries, the 35-year-old still hasn't recovered.
"When I wake up in the morning, I wake up in pain," he says. "I've learned to accept it, but it's not something that someone should have to accept.
"When I signed up to be a nurse, I didn't sign up to be a punching bag."
Sandra, another nurse who agreed to talk to CTV but who wanted only her first name used, says she has experienced numerous violent incidents at the hands of patients over her 21-year-long career.
"There's always verbal abuse, there's always verbal threats of violence," she says. "If you see it coming, you can get out of the way. If you have your back to them, they will push you or kick you; they will punch you, they will grab you by the hair."
She believes that nurses who work in geriatric settings, where patients are often confused, might see less violent events but more of them.
"Nurses working there are punched and hit and scratched daily, pretty well," she says. "You should not have to go to work worried that you are going to get bruised that day."
While many nurses don't like to talk about the problem of abuse, those who do speak out become frustrated that nothing ever seems to change.
"I filled out many, many incident reports and never get any feedback from them. I don't know what happens to these incident reports," Smith said.
He wonders what it will take for the problem to get noticed.
"If nothing changes, someone's going to get killed," Smith said. "Someone will, I strongly believe that."
Haslam-Stroud says what is often to blame for health-care violence is inadequate staffing.
"As employers are trying to balance their budgets, they are balancing them on the backs of our registered nurses and our patients. And what that means is that staffing levels are going down," she said.
Staff who are overworked are on edge and tired and less able to respond properly to potentially violent situations. And patients who receive poor care are more likely to become agitated and violent.
Haslam-Stroud says health-care employers have to take every reasonable precaution in the workplace to provide nurses with a safe work environment. Her group has been urging the Ontario government to amend the Occupational Health and Safety Act to better protect nurses.
After two years of discussions, the Ontario government tabled amendments to the act last Monday that it said would better protect health-care workers.
The new legislation would require employers to develop violence and harassment protocols and to take "reasonable precautions" to also protect workers from domestic violence that may occur at work, according to Labour Minister Peter Fonseca.
"Our obligation is to deal with workplace violence, not just from another worker, but from anyone who enters the workplace," Fonseca told the Ontario legislature.
The legislation in part stems from the case of Windsor, Ont.-nurse Lori Dupont, who was stabbed to death more than three years ago by her ex-boyfriend while she was on duty at Hotel-Dieu Grace Hospital.
Dupont was killed by anesthesiologist Marc Daniel, who also worked at the hospital. After the incident, Daniel injected himself with a fatal dose of anesthetic and later died.
The Registered Nurses Association of Ontario said the bill was "great progress in the right direction" and said the bill acknowledges the fact that many nurses consider violence a regular part of their job.
However, the association is also calling for changes to what it calls the "power differentials" in hospitals to include all health-care professionals, not just doctors, on advisory committees, said executive director Doris Grinspun.
The opposition parties also found holes in the legislation, saying it does not include guidelines for employer compliance.
"There's nothing in the amendments that outlines punishments," complained Progressive Conservative health critic Bob Bailey.
"We would have liked to have seen clearly laid out penalties for not living up to this act, and that seems to be missing."
NDP health critic France Gelinas also pointed out that an incident would still be "handled internally, and there's nothing that would mandate the Ministry of Labour to do an investigation."
Nurses fear that without improved regulations, the situation is only going to get worse.
"More people are going to get injured. We're going to lose more nurses. Nurses are going to quit," Smith said.
Yet he notes he's not one of those ready to quit. Despite what he has endured, Smith says he would like to return to nursing one day.
"I chose a career path that I love. I want to go back to work... I hope I can go back to work someday in a proper environment where I feel safe. But I don't feel safe at this point."