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	Incident Management Team
Sample Policy

Violence Prevention Policy should include

• Provide a safe and secure work environment for employees, visitors, and contractors from acts of violence in the workplace

• All types and levels of violence in the workplace are prohibited, unacceptable and will not be tolerated

• Acts of violence will subject employee to  disciplinary action up to and including the  possibility of dismissal

• All weapons are prohibited in the workplace

• The goal is to prevent incidents from occurring by recognizing problems and interceding early

Definitions:

• No retaliation permitted against an employee  who in good faith reports a potential or actual violent incident

• Employees will report incidents or potential incidents of violence, or any violation or potential violation of physical security to supervisor

• No employee will threaten, intimidate, harass or otherwise conduct assault, abusive or threatening behavior toward another employee

• Abuse/Abusive Behavior: Verbal, written or physical expression that can result in physical or psychological harm, e.g., physical violence, threats/threatening behavior, intimidation, any type of slurs.

• Assualtive Behavior: Violent physical, written or verbal expression that represents an unlawful threat or unsuccessful attempt to do physical harm, and/or can result in the fear of potential or immediate harm.

• Threat/threatening Behavior: Verbal, written or physical expression which can be reasonably perceived as an intent to cause physical or psychological harm, e.g., comments, gestures, letters, notes, postures, display of weapons or behavior that is disruptive, harassing, provoking or unsafe.

• Intimidation: Verbal, written or physical expression which is intended to frightened, alarm, discourage, create a sense of inferiority or inhibit for the purpose of effecting submission as the result of such expression

• Harassment: Verbal, written or physical expression which is disparaging, or derogatory that does not result in physical harm, but can result in substantial emotional distress and thus create a hostile environment

• Weapon: An object or device that is or may be used to cause physical harm, including all guns (loaded or unloaded), any type of explosive device, knives with blades exceeding four inches, Billy clubs, metal knuckles, tear gas or other chemical containers and any other items the facility views as an object or instrument which can be use to threaten or cause harm.

Sample Policy for Workplace Threats and Violence

Introduction

(Company Name) seeks to provide a work environment which is free from violence or threats of violence against individuals, groups, or employees, or threats against company property—including partner violence which may occur on our property. This policy requires that all individuals on company premises or while representing the Company conduct themselves in a professional manner consistent with good business practices and in absolute conformity with non-violence principles and standards.

Definition

For purposes of this policy, workplace violence is defined as a single behavior or series of behaviors which constitute actual or potential assault, battery, harassment, intimidation, threats or similar actions, attempted destruction, or threats to Company or personal property; which occur in a Company workplace, at a Company work location, or while an individual is engaged in Company business.

Company Response

(Company Name) strictly prohibits use of violence or threats of violence in the workplace and views such actions very seriously. The possession of weapons in the workplace, threats, threatening or menacing behavior, stalking, or acts of violence against employees, visitors, guests, or other individuals by anyone on (Company Name) property will not be tolerated. Violations of this policy will lead to disciplinary actions up to and including termination of employment and the involvement of appropriate law enforcement authorities as needed.

Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on (Company Name) premises shall be removed from the property as quickly as safety permits, and may be asked to remain away from (Company Name) premises pending the outcome of an investigation into the incident. People who commit these acts outside the workplace but which impact the workplace are also violating this policy and will be dealt with appropriately.

When threatening behavior is exhibited or acts of violence are committed, (Company Name) will initiate an appropriate response. This response may include, but is not limited to, evaluation by (Company Name) Employee Assistance Professionals and/or external professionals, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person/persons involved.

No existing (Company Name) policy, practice, or procedure should be interpreted to prohibit decisions designed to prevent a threat from being carried out, a violent act from occurring, or a life-threatening situation from developing.

Reporting Procedure

(Company Name) personnel are responsible for notifying the designated management representative of any threats which they have witnessed, received, or have been told that another person has witnessed or received—including those related to partner violence. Even without an actual threat, personnel should also report any behavior they have witnessed which they regard as threatening or violent, when that behavior is job related or might be carried out on a company controlled site or is connected to company employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior. If the designated representative is not available, personnel should report the threat to their supervisor or another member of the management team.
(Company Name) understands the sensitivity of the information requested and has developed confidentiality procedures which recognize and respect the privacy of the reporting employee(s). Consistent with the values of (Company Name), people should take action in ways that maintain respect and dignity for individuals while acting in an accountable and swift manner to address the situation.

Protective or Restraining Orders

All individuals who apply for and obtain a protective or restraining order which lists company locations as being protected areas, must provide to the designated management representative a copy of the petition and order.
 

Designated Management Representative

Name:

Title:

Department:

Telephone:

Location:

Partner Violence and the Workplace

(Company Name) recognizes impact of partner violence on the workplace. Partner violence is defined by (Company Name) as abusive behavior occurring between two people in an intimate relationship. It may include physical violence, sexual, emotional, and psychological intimidation, verbal abuse, stalking, and economic control.

(Company Name) is committed to heightening awareness of partner violence and providing guidance for employees and management to address the occurrence of partner violence and its effects on the workplace.

(Company Name) intends to make assistance available to employees involved in partner violence. This assistance may include: confidential means for coming forward for help, resource and referral information, special considerations at the workplace for employee safety, work schedule adjustments, or leave necessary to obtain medical, counseling, or legal assistance, and workplace relocation (if available). In responding to partner violence,

(Company Name) will maintain appropriate confidentiality and respect for the rights of the employee involved.

(Company Name) intends to publish, maintain, and post in locations of high visibility, a list of resources for survivors and perpetrators of partner violence.

(Company Name) will not deny job benefits or other programs to employees based solely on partner violence related problems. When employees confide that a job performance or conduct problem is related to partner violence, in addition to appropriate corrective or disciplinary action consistent with company policy and procedure, a referral for appropriate assistance should be made to the employee.

Leave Options for Employees Experiencing Threats of Violence

(Company Name) will make every effort to assist an employee experiencing threats of violence. If an employee needs to be absent from work due to threats of violence, the length of the absence will be determined by the individual’s situation through collaboration with the employee and (fill in appropriate title(s) for your company.) [Examples may include: supervisor/manager, Human Resources representative, union representative, etc.]

Employees, managers, and supervisors (or appropriate titles for your company) are encouraged to first explore paid leave options that can be arranged to help the employee cope with the situation without having to take a formal unpaid leave of absence. Depending on circumstances, this may include:

• Arranging flexible work hours so the employee can seek protection, go to court, look for new housing, enter counseling, arrange child care, etc.

• Considering use of sick time, job sharing, compensatory time, paid leave, informal unpaid leave, etc., particularly if requests are for relatively short periods.

Suggested Procedures for Safety and Protection of Employees Experiencing Threats of Violence

Employee

• Encourage the employee to save any threatening e-mail or voice-mail messages. These can potentially be used for future legal action, or can serve as evidence that an existing restraining order was violated.

• The employee should obtain a restraining order that includes the workplace, and keep a copy on hand at all times. The employee may consider providing a copy to the police, his/her supervisor, security, or human resources [or appropriate individuals/departments within your company].

• The employee should provide a picture of the perpetrator to reception areas and/or security.

• The employee should identify an emergency contact person should the employer be unable to contact the victim.

• If an absence is deemed appropriate, the employee should be clear about the plan to return to work. While absent, the employee should maintain contact with the appropriate Human Resources personnel

Employer

• Arrange the victim to have priority parking near the building.

• Have calls screened, transferring harassing calls to security—or have the employee’s name removed from automated phone directories.

• Limit information about employees disclosed by phone. Information that would help locate a victim or indicates a time of return should not be provided.

• Relocate the employee’s workspace to a more secure area or another site.

• The employer should have trained EAP professionals or external professionals assist the employee with development of a safety plan

• Work with local law enforcement personnel, and encourage employees to do so regarding situations outside the workplace.

IMT provides this sample policy the SOLE PURPOSE of guidance in development of violence prevention policy. Any policy developed by a company should always be with the advice of that company’s legal counsel. 

MODEL WORKPLACE PROTOCOL

I. INTRODUCTION

The American workplace has changed dramatically over the last two decades. We acknowledge that interpersonal violence is a pervasive problem that affects the health, safety, well-being, and consequently, the productivity of our employees. We are committed to providing a safe and healthy environment for all our employees, and to providing education and assistance to prevent intimate partner violence or intervene early to interrupt the cycle of abuse.

Recognizing that responding to intimate partner violence is "good business," we are implementing programs and policies that respond to and help prevent intimate partner violence.

II. PURPOSE

Employer X is committed to promoting the health and safety of our employees. The purpose of this policy is to heighten awareness of intimate partner violence and to provide guidance for employees and management in addressing the occurrence of intimate partner violence within the employee population and its effects in the workplace.

III. DEFINITIONS

1. Intimate Partner Violence (IPV): A pattern of coercive behavior that is used by one person to gain power and control over another which may include physical violence, sexual, emotional and psychological intimidation, verbal abuse, stalking, and economic control. Intimate partner violence is a major cause of injury to women, although men also may be victims of such violence.

• Survivor or Victim: The individual who is the subject of an act of intimate partner violence.

• Perpetrator, Batterer or Abuser: The individual who commits an act of intimate partner violence as defined above.

• Batterers’ Intervention Programs: Programs batterers attend that are designed to eliminate violence in intimate relationships, stop other forms of abusive behavior and increase victim safety.

• Domestic Violence Programs: Local domestic violence programs offer safety and support to battered women and their children 24hrs a day. In addition to providing shelter, many programs provide advocacy services, counseling, literature, training, and ongoing community outreach efforts. Contact your local shelter for specific services.

• Employee Assistance Programs or EAPs: Internally staffed or externally contracted services provided by certified or licensed professionals which are offered to employees and family members to address a variety of personal, family or work-related issues. Services include problem identification, referrals, case management and, in some programs, short-term counseling. EAPs also provide management consultation and training on how to respond to employee concerns.

IV. PRINCIPLES

• The following principles guide the implementation of this protocol.

• Employer X is committed to providing a safe and healthy environment for all employees.

• Employer X is committed to providing education and assistance that serve to prevent intimate partner violence or intervene early to interrupt the cycle of abuse.

• Violence in any form is not tolerated or excused. If an employee is violent at work or a work-related event, disciplinary action will be taken and referrals will be made.

• Employer X respects and maintains employee confidentiality.

• Employer X acknowledges that the process of seeking assistance or leaving a violent relationship is often a long and gradual one. Therefore, Employer X respects the autonomy of the employee to direct his or her life to the fullest extent permitted by law.

V. PREVENTION EDUCATION

Employer X is committed to increasing the awareness of intimate partner violence of all employees and creating a safe environment for them to seek assistance if necessary. The recommended strategies to heighten employees’ awareness of intimate partner violence might include the following:

• Host brown bag seminars on intimate partner violence

• Provide posters and brochures addressing IPV with a list of internal and external resources in highly visible areas, such as break rooms and restrooms

• Write and publish articles in company or agency newsletters

• Include inserts with paychecks bi-annually

• Send e-mail messages and/or memos bi-annually

• Provide agency-wide education and training for all employees

VI. AWARENESS & RESPONSE

Supervisors and co-workers are often among the first people in the workplace to become aware that an employee may be a victim or perpetrator of intimate partner violence or at risk of such violence. Therefore, it is important for supervisors to be alert to possible signs of intimate partner violence, and to offer support and safety to victims and referrals to victims and perpetrators. Section A focuses on signs indicating that an employee is at risk of victimization, while Section B provides procedures for responding to employees who are victims or at risk of victimization. Sections C and D focus on signs indicating that an employee may be at risk for perpetration and procedures for to employees who are perpetrators or at risk of perpetration.

A. VICTIMS & THOSE AT- RISK OF VICTIMIZATION

This section provides information on (1) the signs indicating that an employee may be a victim or at risk of victimization, (2) recommended questions to ask if you suspect that an employee is experiencing violence, and (3) procedures for addressing work performance issues that may be related to intimate partner violence

1. Signs indicating victimization or at-risk of victimization. Please note that each sign alone indicates a serious concern, but abuse would most likely be indicated when there is more than one of the above signs present.

• Changes in behavior and work performance

• Frequent absences or tardiness unrelated to illness

• Bruises or injuries that are unexplained or seem implausible

• Discusses conflictual divorce, separation, or concern about the custody of her children

• Alcohol or drug abuse

• Depressed or feels persecuted

• Preoccupation with safety

• Wearing inappropriate or excessive clothing

• Lack of concentration and/or high levels of anxiety or stress

• Receives repeated harassing phone calls from partner

• Isolates or withdraws

2. Questions to Ask. The following procedures and questions are recommended if you suspect that an employee is experiencing intimate partner violence. The inquiry needs to be sensitive, empathetic, and with regard to an employee’s right to privacy.

• Gently approach the employee without forcing disclosure.

• Let the employee know what you have observed:
  "I noticed your bruises and you look upset and worried today."

• Express concern that the employee might be abused:
  "I thought it was possible that you are being hurt by someone and I am concerned about you."

• Make a statement of support:
  "No one deserves to be hit by someone else."
  “I am really concerned about your safety."

• If an employee at risk of victimization chooses not to disclose, no further questions or speculations should be made. A referral to EAP should be given at the end of the conversation.

3. Performance Issue Related to IPV. If a supervisor suspects performance issues to be related to intimate partner violence, the following procedures are suggested:

• Find a private space to talk to the employee

• Clearly identify the performance problems you have seen

• Tell her you understand that sometimes "personal issues" can interfere with good performance

• If there are signs of abuse, gently encourage her to discuss what may be upsetting her.

• Suggest ways that good performance can be achieved. Be clear about the performance review process and what the consequences are.

• Whether or not she discloses the abuse, offer referrals or information on how to get help.

• If the employee does tell you that she is a victim, follow the workplace assistance procedures below.

B. WORKPLACE ASSISTANCE FOR VICTIMS
Once an employee has been identified as a victim or perpetrator, the following procedures should be implemented to increase the safety of the victim and other employees.

1. Respond Sensitively & Ensure Confidentiality. Avoid victim-blaming and judgmental statements. Inform the victim that confidentiality will be maintained. Give the following affirming messages:

• "I am sorry that this is happening to you."

• "You are a valuable employee. Thank you for telling me about the abuse."

• "I am concerned about your safety."

• "You are NOT alone."

• "You are NOT to blame."

• "There is help available."

• "You do not deserve to be treated this way."

• "Without intervention, the violence may get worse."

• "Violence may have negative effects on your children." (if applicable)

2. Make Referrals. If you are a manager/supervisor or co-worker, refer the victim to EAP. Your role is not to counsel or diagnose the employee, but refer her to appropriate resources. Provide the employee with relevant written educational materials and internal and external referrals. EAP will have additional information.

3. Coordinate a Workplace Safety Plan. Use a team approach to provide additional safety with the employee, manager, Security, EAP Counselor and any other relevant employee service staff. An important safety measure is not to disclose the situation or plan with anyone outside the necessary parties.

Ask the victim what changes could be made to make her feel safer. The victim knows her abuser better than anyone else. Safety measures might include the following:

• Escorts to parked cars and installing extra lighting in the parking lot,

• Providing priority parking near the building,

• Providing security with photographs of the batterer and copies of any restraining orders

• Relocating the victim to another site or office,

• Having paychecks delivered to another location, and

• Screening phone calls to prevent harassment.
  If it is determined that other employees or customers are at risk, measures should be taken to provide additional protection for them.

4. Flexible Work Schedules/Paid Leaves Options. At times, an employee may need time off to handle legal matters, court appearances, housing, and childcare. Managers and employees are encouraged to first explore paid options, such as flexible work hours, sick or annual leave, and temporarily assigning work to another employee. If a lengthy leave is necessary, unpaid leave should be explored with a guarantee that the job will exist when the employee returns. The employer should always maintain confidentiality of the employee’s whereabouts.

5. Financial Support. Employers may provide an emergency fund for employees in crisis situations. The emergency fund may be used for transportation, temporary relocation, childcare, etc. To prevent misuse of the emergency fund, only EAP personnel should be made aware of this.

6. Education Materials for High Risk Groups. EAP should provide educational materials on intimate partner violence for victims and perpetrators that contain internal and external resources and phone numbers.

C. PERPETRATORS & THOSE AT RISK OF PERPETRATION
The following section provides information on signs indicating that an employee may be a perpetrator of intimate partner violence or at-risk of perpetration, and important concerns to note in identifying perpetrators.

1. Signs indicating perpetration or at risk of perpetration:
The employee ...

• Openly discusses or needs to be absent for the following: Frequent lawyer visits or court dates Overnight or weekend detentions in local jails Injunctions or orders of protections issued against the employee Has frequent hand injuries and lacerations Has unexplained absences or tardiness unrelated to illness or other causes Makes excessive contacts to an intimate partner from work, monitoring the partner throughout the day Discusses a conflictual divorce or separation or loss of custody of children Shows signs of alcohol or drug abuse or dependence Expresses dominant, jealous or angry attitudes toward an intimate partner Acts controlling, dominant or angry to others Appears to feel persecuted, misused, or controlled by others Tends to isolate from others

2. Important Concerns in Identifying Batterers:

• Each sign alone indicates a serious concern, but abuse would most likely be indicated when there is more than one of the above signs present.

• There are perpetrators of abuse that would not exhibit any of the above signs.

• The perpetrator is likely to take steps to prevent anyone at work from knowing about the abuse.

• If an employee were to disclose the abuse, it is very likely that the perpetrator would either minimize the event or in some way blame the victim for causing or starting the problem.

• Confronting perpetrators about the abuse may increase the risk to the victim. Do not tell the perpetrator when a victim provides information about the abuse.

D. RESPONDING TO EMPLOYEES WHO ARE PERPETRATORS
Responses to employees who batter require decisions that are best made with a team of people, including the manager, EAP Counselor, Human Resources or Labor Relations, and, in some cases, the victim when the victim is an employee or has contacted the employer.

Responses to employees who are perpetrators are based on these conditions

1. Did the violence occur on company property?

2. Does the perpetrator have a performance problem due to intimate partner violence?

3. Is the victim an employee of the company?

Suggested actions to be taken for each of these conditions are as follows:

1. Employee Was Violent on Company Property or at Work-Related Event

• Involve company security or the local law enforcement authority to assist the victim.

• Offer to help the victim access emergency services and domestic violence services.

• Suspend the perpetrator and begin an investigation.

• Request a restraining order against the employee if the risk of recurrent violence is present.

• If the employee committed a violent act, take disciplinary actions up to and including termination.

• If discipline does not include termination, refer the employee to the EAP and require participation in a certified batterer intervention program, in addition to enforcing the other disciplinary actions.

2. Employee Was Violent Outside Company Property or at a Non-Work-Related Event

a. Employee has a work performance issue caused by intimate partner violence

• Include a referral to the EAP and/or to a certified batterers intervention program with the disciplinary actions, requiring completion of the program before the disciplinary actions are lifted.

• If the employee has already been referred to a batterers program in the past, proceed with disciplinary actions.

• Do not allow battering to be an excuse for performance problems.

b. There is No Job Performance Problem
When violence does not occur in workplace; the role of the employer is limited because the employee has the right to keep most personal information private, as long as it does not directly relate to job performance or workplace safety concerns. The following procedures are suggested in addressing your concerns about the abuse to the employee:

• When there is evidence of a conviction, arrests or orders of protection for domestic assault, consider discussing your knowledge of the abuse with the employee and refer him to the EAP and a batterer treatment program.

• Consider if the employee’s behavior has jeopardized his ability to represent the company in his position and take action accordingly.

• If there is no impact on job role, responsibilities or performance, no disciplinary action can be taken.

• Consider discussing your concerns with the employee. The following are suggested statements to make when addressing the abuse:

  • "I heard you talk about being violent to your partner. I want you to know that violence is wrong and I can’t support it for any reason."

  • "I know you think she’s the problem, but the violence is the problem and for that you need help."

  • "You have strengths in other areas, but this is one area that you need to get assistance. The EAP provides help with this problem."

  • "It seems to me that you are minimizing or denying the problem."

3. Victim is Also an Employee
While responding to the employee who is a perpetrator, take actions to provide for additional safety for the victim who is also an employee. Some steps include:

• With the victim’s permission, discuss the victim’s safety risks with her and assist her in making a workplace safety plan, including getting an order of protection.

• Provide all available assistance and referrals to the victim. Refer to "Assistance for Victims and Those At-Risk of Victimization" for specific procedures.

• If there is known risk to the workplace, assess the risk of danger to the workplace and develop a safety plan with security.

VIII. TRAINING:
Training is essential for effective implementation of the protocol. Managers, Human Resource Personnel, Employee Assistance Counselors, Security, and all employees should receive training on intimate partner violence and protocol procedures. They should be able to recognize signs of violence, understand their roles and responsibilities, and be aware of workplace policies that apply to the issue. Training opportunities should be ongoing.

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