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The Voice of Business,
Industry & the Professions Since 1942
North Carolina's largest
business group proudly serves as the state chamber of commerce
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November
2004: Management
 |
Learn more:
How to
design a workplace
violence prevention program
OSHA acts
to promote safety
among Hispanic workers |
Workplace
Violence
Sadly, it becomes a question of when, not if,
unless you aggressively confront the problem
By Lawrence Bivins |
Perhaps
your business is going so smoothly that you don’t bother checking out
a job applicant’s background. Maybe it’s your natural southern
disposition to look away when an employee comes to work with bruises
consistent with spouse abuse. Of course you’re worried about that
bickering between two workers but you hope it will quietly resolve
itself without management intervention.
There may have been a time when businesses could simply shrug and hope
for the best when confronted with situations such as these. But the
seeds of workplace violence can no longer be ignored. At the very least
workplace violence can spur lost productivity and the departure of
valued employees. Taken to an extreme, such signs preceed tragic
incidents that can have disastrous financial, legal and public relations
consequences for your company.
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Tips
in This Story
 Thoroughly check the
criminal background of all job applicants, which can cost as little
as $5 at the county courthouse. Look for patterns of problem behavior.
Watch for telltale
clues in an employee’s behavior, such as a loner with poor
inter-personal skills or the chronically disgruntled employee who blames
others for his problems. Another red flag is an obsession with guns.
Use the law to your
advantage, specifically the Workplace Violence Prevention Act that
goes into effect on Dec. 1.
Develop a rapid
response plan for dealing with violence before it occurs. Step one
in the plan should focus on how to keep unwanted people out of the
building. |
Workplace violence affects two million American workers each year and
costs businesses some $36 billion, according to the U.S. Occupational
Health and Safety Administration (OSHA). Certain occupational settings
are more susceptible than others. Retail trades and service industries,
for instance, account for more than half of all on-the-job murders and
85 percent of nonfatal workplace assaults. Taxi drivers, healthcare
workers and community service providers long have been at high risk,
OSHA data indicate. Yet, no work environment — executive suite or
production floor — is immune.
In North Carolina, 29 people died as a result of assaults and other
violent acts committed in the workplace in 2003, according to state
Labor Department data. Twenty of them were shootings. Even state
government workers are vulnerable. In April, shots rang out at the
Henderson office of the N.C. Employment Security Commission, killing the
branch manager and wounding another staffer. The culprit was an
unemployed man who had just been informed of his ineligibility for
benefits. And repeated violent eruptions by U.S. postal workers over the
years have been relegated to the sphere of cliched, tasteless jokes.
“Blue collar or white collar, it doesn’t make any difference,”
explains Jonathan Crotty, a partner in the employment practice group at
Parker, Poe, Adams and Bernstein in Charlotte. “It can be any
socio-economic class you can think of.” And small businesses are just
as impacted as large ones, potentially more so since they often lack an
on-site security force or high-tech monitoring gear. But there are
practical and affordable steps that any size business should take,
experts say.
Make Background Checks Thorough
“A lot of what it takes to minimize workplace violence occurs in the
hiring process,” says Dave Foley, Charlotte-based manager of
consulting services at Security Forces Inc. A thorough look into the
background of a prospective employee is well worth the time, effort and
expense, he advises.
In interviewing references provided by an applicant, Foley routinely
asks for additional names he might contact. Such “developed
references” often are far more meaningful than those the job-seeker
lists.
“It’s a lot of time on the phone, but if it can save you one
lawsuit, it’s well worth it,” Foley says.
For $5, any North Carolina clerk of court will provide a criminal
history check, according to Foley, a 20-year veteran of the security
business.
“If it’s a local hire, all you need is a name, date of birth and
social security number,” he says. But he cautions the check will only
uncover convictions that occurred within that county. That is why he
asks job applicants to disclose where they’ve lived for the past seven
years. He then checks courthouse databases in each location.
The process becomes dicey when he has to search records outside North
Carolina. Some states, for instance, refuse to provide information by
phone or mail. Others require the consent of the individual being
investigated. Visit the web site of the state’s attorney general for a
quick primer on the process, Foley advises.
A criminal record needn’t automatically disqualify an applicant, Foley
says. Consideration should be given to the nature of the offense, how
long ago it occurred and the position being filled.
“You have to look for a pattern,” says Foley. A single speeding
conviction doesn’t imply a pattern. Yet, the sensitivities associated
with jobs at Security Forces mean Foley cannot afford to be terribly
forgiving. “If the individual has ever been convicted of a felony, he
doesn’t work for me.”
At Raleigh’s Capital Associated Industries (CAI), background
investigations can be conducted for as little as $50. “We’ve done
about 70,000 criminal background checks,” says Bill Sherratt, director
of member services at CAI. Sherratt, who leads regular training programs
on how to deal with workplace violence, says the risk of a negligent
hiring suit is only one legal issue that has been spurred by workplace
violence. “Negligent retention,” when an employee is kept on the job
despite having displayed alarming behavior, also exposes companies to
lawsuits later on.
Watch for Telltale Clues
Some 300 to 400 U.S. workers are killed every year on the job, either by
a fellow employee or someone else, Sherratt says. “In the course of
those investigations, they found something interesting: employers had
been given multiple clues that the violent employee had serious
problems.”
The general profile is typically that of a loner with poor
inter-personal skills or the “chronically disgruntled” employee who
habitually shifts responsibility for the adverse consequences of his
actions. Another red flag: an unhealthy obsession with weaponry.
“It’s an abnormal interest in firearms and weapons and the damage
they can do,” stresses Sherratt, a former Marine.
He also cautions against viewing the workplace violence challenge in a
vacuum. Oftentimes, domestic abuse, illegal drug use and sexual
harassment spark violent incidents at the worksite. “They’re
frequently related,” he says.
Do employers run the risk of wrongful dismissal lawsuits when they
terminate an employee over threatening behavior? “I encourage
employers to err on the side of making sure they have a safe
workplace,” says Crotty, the employment law specialist.
Because of North Carolina’s “employment at will” laws, employers
face less exposure to wrongful termination litigation than those in
other states. Even outside North Carolina, “it’s still relatively
rare to see such cases go to court,” Crotty says. “Employers don’t
have to put up with that kind of behavior.”
A final area of negligence that can haunt employers involves inadequate
oversight. The ultimate safeguard against tragedy of any kind in the
workplace is good supervision, according to Tim Dannelly, an
Edenton-based trainer and business consultant who advises small firms
through the state’s small business center network.
The rise of workplace violence corresponds to a dearth in overall
business leadership, he says. “When a conflict between two employees
is allowed to escalate into violence, the ultimate failure rests with
the supervisor,” Dannelly says.
Timothy Ludwig, an associate professor of psychology at Appalachian
State University, says violence can be examined on any of three levels:
individual, inter-personal and organizational. “From an individual
standpoint, there are simply violent people out there,” he says.
Sound employee screening during the hiring process can root out such
individuals. Inter-personal violence can emerge from conflict between
two employees, either over a workplace disagreement or when social
interaction outside of work goes awry. But violence also can be traced
to an institutional dimension, Ludwig says, when a monotonous or highly
controlled work environment breeds frustration and resentment.
“The most extreme cases of workplace violence occur when all three
levels are combined,” Ludwig says.
Employees systematically abusing company equipment or vandalizing
property can be early evidence of a problem, according to Ludwig. Well
before angry threats are issued, there are verbal clues employers can
watch for, such as generalization of specific problems.
One example: when an employee reacts defensively to an isolated
reprimand with the charge “everyone here picks on me.”
“A good company will plan and manage workplace violence,” says
Ludwig. He suggests a close, regular monitoring of employee attitudes.
Employee assistance plans (EAP), counseling and referral services that
are contracted to qualified professionals through an employee benefits
plan, can help workers deal with personal situations — domestic abuse,
a stalker or menacing emails, for example — that are a distraction and
potential threat at work. “An active EAP would seek to target folks
who are having trouble,” Ludwig adds.
Use the Law to Your Advantage
Inter-personal conflicts that are unrelated to the workplace often boil
over there nonetheless, says attorney Crotty. A 1997 survey by Harvard
University’s School of Public Health found that 71 percent of the
nation’s EAP professionals knew of instances when a current or former
partner stalked a worker at his job; 83 percent of those surveyed had
assisted an employee in obtaining a court-issued restraining order.
“Because he knows he can find her at work, that’s where he goes,”
Crotty explains.
That why North Carolina legislators recently enacted a new law
streamlining requests for court intervention when there is evidence of a
threat to an individual at work. The new law, known as the Workplace
Violence Prevention Act, goes into effect this Dec. 1.
“The bill provides for civil no-contact orders,” Crotty says.
Modeled after similar domestic violence restraining order laws, the
legislation is being adopted in other states as well. “We’ll have
procedures in place to make it easy to get an order when there’s a
real threat,” he says.
Yet, even before domestic violence seeps into the workplace as physical
assaults, it has already cost business dearly. About $100 million a year
is lost to absenteeism, diminished productivity and sick leave because
of abuse that takes place at home. Add related medical costs born by
employers and the numbers grow more alarming still — to as much as $5
billion each year.
In October 2003, officials from across North Carolina’s public,
private and nonprofit sectors gathered at a Chapel Hill summit to
highlight the affects domestic violence has on the workplace. Entitled
“Don’t Let Domestic Violence Hurt Your Business,” the meeting was
co-sponsored by the N.C. Department of Justice, Blue Cross and Blue
Shield of N.C. and numerous other entities. “For too long, domestic
violence was seen as something that happened behind closed doors in
victims’ homes,” Attorney General Roy Cooper told the gathering.
“But domestic violence can and does follow victims to work.”
Develop a Rapid Response Plan
As in the case of protecting workers from any occupational hazard, the
burden is on employers to keep violence out of the workplace, regardless
of where it might originate.
Capital Associated Industry’s Sherratt advises having a policy and a
plan in place well before a threatening situation arises, just as they
would prepare for a hurricane or other potential disruption. “Have
policies and procedures that prohibit threatening and intimidating
behavior,” says Sherratt, who recommends a zero-tolerance policy for
anyone violating those standards.
Most firms prohibit firearms on their property, for instance, with
immediate job loss resulting from a violation.
A cross-functional team should be charged with drafting and implementing
a rapid response plan should the worst ever happen. In addition to an
EAP professional, make sure someone on the team is knowledgeable about
building design, Sherratt says.
Designate an appropriate staff person to handle the inevitable media
calls that will accompany any violent incident, he adds.
One key to preventing workplace violence is providing good security
around the worksite. “Courts don’t expect employers to have
impenetrable fortresses,” Sherratt says, “but they do expect you to
take reasonable steps.” Keeping track of who is entering the workplace
is a start. It can be done the low-tech way with a manned reception
area, or electronically with a controlled access system.
“One of the best deterrents is going to be keeping unwanted people
out,” says Dave Foley of Security Forces. Under such systems,
employees swipe an identification badge through a computerized scanner,
which can be programmed to note both entry and exit. But they are not
foolproof, Foley warns. “The danger of any access control system is
‘piggybacking’ or ‘tailgating’,” whereby an unauthorized
individual casually follows an employee through the system, he says.
“In our society, we try to be polite and hold the door open,” Foley
says. “It’s a sad commentary, but you can’t allow them to do
that.” In fact, workers should be encouraged to stop or report
unfamiliar faces roaming controlled areas.
Companies may also invest in a sophisticated network of surveillance
cameras. But even they have limited impact on preventing violence.
Maximizing such a system requires hiring live security personnel to
monitor it, Foley says. “Otherwise, all you’ll end up with is a
recording of a crime, but nothing to prevent one.” He also reminds
businesses that security comes with another price: convenience.
“If you could manage to achieve airtight security in a workplace,
it’s probably not somewhere you’d be very comfortable working,”
says Foley.
CAI’s Sherratt also believes knowledge is power when addressing the
prospect of workplace violence. “Train your managers to address a
situation without escalating it,” he says. Instincts may prompt many
managers to avoid confronting those whose workplace behavior is
threatening or intimidating.
“Human nature is not to deal with these things because it’s hard,”
says Sherratt. Should managers themselves fear a worker’s
belligerence, they should not hesitate to contact an appropriate law
enforcement agency. That is especially true when a problem employee is
being terminated, Sherratt says.
CAI offers regular seminars and workshops in dealing with workplace
security and employee conflicts. The North Carolina Community College
Small Business Center Network also offers instruction on managing
conflict in the workplace.
Sherratt offers a final bit of advice: practice what you preach. “If
you have senior managers who use loud, threatening language, it sends
all the wrong messages to employees” about the company’s commitment
to a safe workplace, he says. Overlooking such behavior at the executive
level can render even the best-laid plans ineffective.
OSHA
Acts to Promote Safety Among Hispanic Workers
Recent
data from the U.S. Department of Labor show that Hispanic workers
continue to comprise a disproportionate share of on-the-job deaths. But
in North Carolina, where construction sites hum thanks largely to
Spanish-speaking labor, the fatalities among Hispanic workers fell in
the past year — from 25 to 21. While state officials are encouraged,
the number still accounts for about one in eight of all workplace deaths
in North Carolina.
State and federal governments hope to address the obvious need for
better safety among Hispanic workers, and they’re focusing on
education and information resources as the way to do it. This year, the
U.S. Occupational Health and Safety Administration (OSHA) launched a new
Spanish-language web site (www.osha.gov/as/opa/spanish/index.html).
Aimed at both employees and employers, the site strives to eliminate
language and cultural hurdles that may stand in the way of workplace
safety. In addition to a repository of regulations, news and tips, it
links users to helpful information at other government agencies and
private organizations. Since its introduction, the new OSHA site has
welcomed about 22,000 visitors each month.
Through the years, the agency has posted Spanish-language versions of
its publications, fact sheets and posters. OSHA officials say they’ve
distributed nearly 85,000 publications in Spanish during the past 18
months, for example. It also staffs its toll-free hotline (800-321-OSHA)
with Spanish-speaking operators. “We welcome any help that we can
extend to the workers in this state to keep them safe,” N.C. Labor
Commissioner Cherie Berry said in a statement unveiling the new site.
“The N.C. Department of Labor has been trying very hard to improve
work safety among Hispanic workers, and this extra help comes at just
the right time.”
In 2001, Berry created a state departmental task force to identify
unique problems that might be leading to workplace hazards for Hispanics
workers in North Carolina. Among the task force’s findings were that
cultural and linguistic differences accounted for many of the accidents
befalling Hispanics engaged in high-risk occupations such as the
construction trades. The department soon issued its own Spanish-language
training materials, boosted the number of bilingual personnel manning
its telephone hotlines and launched a mobile training unit that
traversed the state offering training and assistance in English and
Spanish.
But government can only do so much to encourage safe workplace
practices, according to Roberto Nunez of the Construction Extension
Program at N.C. State University. “To me, this problem must be
addressed by all players,” he says, including employees and employers.
Construction-training programs at high schools and technical colleges
don’t always place adequate emphasis on safety either, says Nunez,
whose organization provides safety training in Spanish and English to
construction firms around the state. The classes, like those offered by
private-sector training companies, do come at a cost. Free training,
however, is available from OSHA’s consultative services unit, he says.
For their part, Hispanic workers should move beyond their hesitation to
speak up when they don’t feel qualified to perform high-risk tasks, he
adds. Some may be without proper immigration documents and fear calling
attention to themselves, while the reluctance of others may be rooted in
a culture-bound sense of “machismo.”
More likely, Nunez says, safety precautions were never emphasized in the
home country where workers learned their trades. So there is an
assumption that workplace safety is not important. “It’s a very
complex problem,” Nunez says. —
Lawrence Bivins
Designing
a Workplace Violence Prevention Program
There
is no standard template appropriate for every company in addressing the
threat of workplace violence. But the California-based Workplace
Violence Research Institute recommends businesses consider the following
components of a sound prevention plan:
Form an executive
committee
Assess current
conditions
Fix and implement
policies
Establish a
confidential information collection and evaluation center (e.g., a
hotline)
Develop a training program
Review pre-employment screening practices
Review the termination and layoff process
Prepare a crisis response plan
Test and improve the program on a continuing basis
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