Workplace Violence (CONT’D FROM PAGE 30)
ing your organization against lawsuits by injured parties. “Plaintiffs’ counsels will ask for personnel files to see if employers performed due diligence during the hiring pro- cess,” says Bonczyk. Another effective preventive measure involves em- ployee training. “All employees need to know how to rec- ognize at-risk behaviors,” says Maxey. “Urge them to re- port what they observe to supervisors.” Employees often hold back from reporting what they see because they think they might get someone in trouble unnecessarily, or that they might be retaliated against by the person being reported or even by the company. “It is important to communicate that you will support individu- als who step forward,” says Maxey. “State explictly that an employee making a report in good faith will not be retal- iated against. And establish multiple channels of report- ing, including anonymously. That can encourage people to speak up.” Multiple Paths
The act of firing a troubled employee can itself lead to an act of violence. It is prudent to take steps to reduce the risk of injury. “Have a member of law enforcement on hand if you feel the employee may become violent during the termination,” says Bonczyk. Prevent Tragedy Taking quick action to deal with unsettling behavior is important. But so is doing whatever you can to obviate such situations. One of the most effective steps is exer- cising care when taking on new staff members. “Conduct adequate background screening when hiring a new work- er,” says Bonczyk. “It is very difficult to coach or counsel a troubled individual once he or she has joined your team.” Document your vetting activity, recording the steps you took to uncover any previous history of workplace violence. That will provide important evidence in defend-
Experts on workplace violence empha- size that prevention is a continuing effort rather than a single magic pill. “Employers must engage in an ongoing process involv- ing multiple prevention strategies from hiring to retiring,” says Nater. The key to a successful workplace policy is preparation. “Don’t assume that a violent incident is not going to happen at your work- place,” says Maxey. “Establish a workable policy, communicate it to all of the employ- ees, and make sure everyone knows how to call and report what they see.” Dealing With Orders Of Protection Many cases of workplace violence orig- inate in the home. “An employer who re- ceives an employee order of protection against a non-employee spouse must assess the risk to the workplace,” says Felix P. Nater, President of Nater Associates, who suggests consulting with local law enforcement offi- cers on the best procedures to follow (such as calling 911) if the spouse is spotted on the workplace premises, then training employ- ees in those procedures. Obtain a copy of the restraining order, and keep it on hand to provide to the police when necessary. Work with the affected employee to re- duce risk. The employer might reasonably accommodate the employee with a leave of absence or a flexible work schedule, and in- stitute additional security measures such as changing the employee’s parking spot and their work location. “The goal is to protect the workforce and reduce the employer’s lia- bility for a violent act,” says Nater. Finally, make sure the employee knows
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June 28, 2021
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