Approved:
City of Riverside, California
Human Resources Policy and Procedure Manual
_________________________
Human Resources Director
_________________________
City Manager
Number: III-4 Effective Date: 07/06
1 SUBJECT: VIOLENCE IN THE WORKPLACE/CRITICAL INCIDENT RESPONSE
PURPOSE:
The purpose of this policy is to clearly articulate the The City of Riverside maintains City’s zero tolerance for workplace violence and is committed to preventing and to deterring such occurrencesconduct. The This policy provides examples of workplace violence, prohibits all forms of workplace violence and provides that its occurrence will lead to discipline, up to and including termination, establishes guidelines to assist supervisors and employees in identifying a nd reporting potential or actual workplace violence, and establishes procedures for the investigation and handling of potential and actual workplace violence. This policy complies with the requirements found in California Labor Code (LC) section 6401.9 resulting from Senate Bill 553.
DEFINITION:
Workplace violence includes, but is not limited to, any acts or threat of violence against the physical, psychological, or economic interests of an individual. It alsoThis includes threats of such violence—implied or direct or implied, verbal or non-verbal threats against individuals. Per California law, workplace violence is further classified into four types:
Type 1: Violence committed by a person who has no legitimate business at the worksite, including violent acts by anyone who enters the workplace with the intent to commit a crime.
Type 2: Violence directed at employees by customers, clients, patients, students, inmates, or visitors.
Type 3: Violence against an employee by a present or former employee, supervisor, or manager.
Number: III-4 Effective Date: 07/06
2 Type 4: Violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.
Examples of workplace violence include, but are not limited to, the following:
• Hitting, pushing, shoving, kicking, assaulting, or harming the physical body of an individual or threatening to engage in such behavior.
• Unlawfully touching an individual. Any intentional and unauthorized touching of another individual that is considered inappropriate, offensive, or harmful.
• Making menacing, threatening, or harassing gestures or statements toward an individual. Such This includes statements may include or inappropriate joking that could be perceived as threating, intimidating, or demeaning. or ridiculing that nevertheless constitutes a threat.
• Making menacing, harassing, or threatening phone calls, messages, or other forms of communication to an individual.
• Stalking or conducting an unlawful or unauthorized surveillance of an individual.
• Attempting to intimidate an individual through the use of body language, threatening statements, innuendo, prolonged staring, or other direct or indirect means forms of communication.
• Using firearms in an inappropriate, unsafe, or unauthorized manner.
• Using tools, equipment, or any other device against an individual in an inappropriate, unsafe, or unauthorized manner.
• Harming, attempting to harm, or threatening to harm the property of an individual’s personal property.
• Harming, attempting to harm, or threatening to harm City the property of the City.
This includes, but is not limited to, arson, sabotage, and vandalism.
Number: III-4_ Effective Date: 07/06
3 • Behaving in a manner Engaging in conduct that poses a credible threat to the bodily safety, physical or psychological well -being, or economic interest s of an individual.
• Engaging in any of the prohibited behaviors Acting or behaving, as described above toward an employee’s , against the family or friends may constitute workplace violence of an employee.
• Making a statements to a third -party that evidences a credible or meaningful possibility that the maker of the statement will commit workplace violence, including making threats of workplace violence.
A threat of violence does not need not to be explicit or directly communicated to the intended targetdirect but may be implied. A Tthreats of violence may be in written, or oral verbal, or non -verbal forms. A Tthreat of violence may also be also be non -verbal (communicated by body language, gestures, or other means).
Workplace violence may be evidenced from by a pattern of conduct composed of a series of acts over a period of time, notwithstanding that some or all of the acts individually may not appear to constitute workplace violence.
Workplace violence need does not need to be directed toward an identifiable individual.
It may be directed toward an unidentified individual, a group of employees, or employees of a protected class, e.g., race, sex, religion, age, disability , or other legally protected status.
POLICY:
The City of Riverside is committed to maintaining a safe, secure, and respectful work environment for all employees. It is the policy of the City of Riverside to provide a safe workplace for its employees. All Workplace violence in any form is strictly prohibited. forms of workplace violence are prohibited.
This policy applies to all persons involved in the City's operation, including but not limited to, the following: City of Riverside employees; contractors; temporary workers; volunteers; visitors; anyone on City property; subcontractors; vendors; any individual acting as a representative of the City of Riverside while off City property; any individual off City property whose actions involve City's business or interests.
Places where Wworkplace violence can occur in a variety of settings and occur include, but are not limited to, the following:
Number: III-4 Effective Date: 07/06
4 1. On City property, regardless of the relationship between the City and the persons involved in the incident of workplace violence.
2.1. 3.2. Off City property, if the assailant is a City employee, worker, representative, agent, contractor, subcontractor, vendor, and the incident involves or is connected to any City business or interest.
Non-employees are strongly encouraged to report known incidents of workplace violence or potential workplace violence , including any threats or concerns related to or acts ofworkplace violence.
City employees, workers, volunteers, visitors, representatives, agents, contractors, subcontractors, and vendors must report any known incidents of workplace violence or potential workplace violence pursuant to the procedures outlined in this policy, policy I-12 Workplace Violence Prevention Plan in the Safety and Health Policy and Proced rure Manual set forth herein and any other applicable city policies or procedures adopted by the City.
To comply with California law and In order to promote a safe working environment, the City will compliance with this policy and adhere to this policy and take all reasonable steps to maintain a workplace maximize the City's efforts to provide a safe and secure workplace that is free from violence,. This includes implementing appropriate the City will establish security measures and practices as well as providing relevant needed. It will also provide related training programs as appropriateneeded.
The City will establish designate a management team to review the implementation of this policy and offer recommend corrective actions and preventative strategies advice to City supervisors and managers on risk mitigation and response measures to offset and prevent incidents of workplace violence.
Compliance with the Violence In the Workplace Policy III-4 is a condition of employment and will be evaluated, together with other aspects of an employee's performance.
Violations of this policy may result in corrective or disciplinary action, up to and including termination, and in accordance with Human Resources Policy and Procedures Manual, Discipline policy, III-1.
To reduce the risk of workplace violence In order to avert future acts of workplace violence, managers and supervisors are expected to implement the following practices:
Number: III-4_ Effective Date: 07/06
5 Reference Checks : Prior to extending an offer of employment the selection of a job applicant for a position, a reference check should be completed. At a minimum, verification should include, Basic employment should be verified. This includes, but and is not limited to, prior position s held, job duties and responsibilitiesof the position, dates of employment and reason for leavingseparation. The All information received obtained should must be documented and factual with no subjective comments. The Human Resources Department is available to assist departments in conducting will offer assistance in the completion of reference checks.
Employee Privacy: To protect employee privacy Ssupervisors are encouraged to refer all requests for information concerning current employees to the Human Resources Department. Information concerning regarding an employee's workplace location shall not be given to anyone who cannot demonstrate a legitimate business necessity and authorized to receive for this information.
Workplace Security: Managers and supervisors are encouraged to solicit assistance from the Police Department and/or Safety Officer Manager for an inspection of the workplace facilities. This inspection would include recommendations to managers on securing the workplace against potential acts of workplace violence.
Observations: Supervisors and others employees should rely on their own judgment, personal observations, and corroborating information when assessing the likelihood that an employee or other person will commit workplace violence. Behavior s of particularthat may warrant attention significance includes antisocial behavior (e.g., recurring persistent hostility or excessive aggression ), erratic behavior, irrational behavior, behavior evidencing use of drugs or alcohol (e.g., incoherent or impaired speech, dilat ed pupils, lack of coordination when walking or other physical task, alcohol on the breath), and out of ordinary work mistakes or behavior. Acts that may individually appear harmless may, in conjunction with other behavior, indicate a possibility of (or po tential for) workplace violence.
Supervisors and others employees should consult with their supervisor, Human Resources, the Safety OfficerManager, and other appropriate personnel regarding behavior that may not constitute workplace violence but that may nevertheless indicate a significant increase in the likelihood of workplace violence.
It is important to be careful exercise caution when drawing assumptions conculsionsconclusions or relying on any of the above behaviors as indicators of potential violence. Many people individuals experience stress, loss, or illness and the vast majority navigate these challenges without resorting to viole nt behaviorat some point . All but a very few people handle these disruptions and conditions without resorting to violence.
Number: III-4 Effective Date: 07/06
6 Intervention efforts should focus on supporting the employee through these disruptions difficult times. and Mmanagers should be equipped with the training and resources necessary to recognize, respond to, and effectively support employees during ed to deal with these difficulties.
Whenever a situation may arise arises that may present a risk of in the workplace violence, it is important critical that a timelyn assessment occur be conducted to determine the degree level and immediacy of riskthe threat. All threats must be treated taken in a seriously and addressed promptly manner. Supervisors and employees should must immediately identify the potential perpetrator and report any incidents, threats, or concerns related to workplace of violence immediately. Employees and supervisors should not attempt to independently investigate or intervene in situations that may pose a safety risk. Instead, all concerns must be escalated promptly to appropriate personnel, including management, Human Resources, the Safety Manager, and/or law enforcement when warranted. The
All situations should will be managed in a way manner that prioritizes the safety and protection of protects all all employees.
Critical Incident Response to Workplace Violence:
In the event of a workplace violence credible threat:
1. Recognize the situation and remain as calm as possible. Respond in a logical and deliberate manner.
2. Assess the situation, including the level of threat, potential for injury, and extent of damage.
3. Do not engage in counter threats or actions that may escalate or provoke the individual.
4. Move to a secure area, when safe to do so, and assist others in reaching safety if feasible.
5. Call 911 immediately if any of the following conditions exist:
• The assailant is actively violent or continues to make threats; • The assailant has not been detained or is not in custody:
• Any person is injured or requires medical attention.
When contacting emergency services, remain calm and provide clear, accurate information. Be prepared to answer dispatcher questions. For City facilities, provide the building location and floor, if known.
6. Warn others, when safe and feasible, of the potential danger.
Number: III-4_ Effective Date: 07/06
7 7. Remain in a secure location until law enforcement, security, or medical personnel arrive and provide further direction.
Reporting Workplace Violence:
8. As soon as it is safe, immediately report any actual or potential workplace violence to your immediate supervisor, another manager, or the Department Head. Reporting must not be delayed due to the unavailability of a specific individual.
Supervisor/Manager Responsibilities:
9. The immediate supervisor, manager, or Department Head must immediately notify the Human Resources Director (or designee) and the Safety Manager upon receiving a report.
Human Resources/Department Head Responsibilities:
10. Human Resources or the Department Head shall ensure the situation is stabilized and controlled, including:
• Confirming the assailant is removed, detained, or no longer poses a threat; • Ensuring employee and public safety;
• Issuing warnings or notifications to affected individuals, as appropriate; and • Contacting any required federal, state, or local agencies in accordance with applicable laws and reporting obligations.
11. When employees or work groups are impacted, Human Resources shall coordinate access to Employee Assistance Program (EAP) services or other supportive resources.
Human Resources Additional Actions:
12. When appropriate and in compliance with applicable laws and policies, Human Resources may arrange for drug and/or alcohol testing.
13. Human Resources may also arrange safe transportation for an employee when necessary.
• If an employee appears impaired, they shall not be permitted to drive. • Human Resources may contact a family member or arrange alternative transportation.
Human Resources Responsibilities:
• Any employee alleged to
have committed an act or threat of workplace violence shall not return to the worksite Number: III-4 Effective Date: 07/06
8 without authorization from the Department Head, in consultation with the Human Resources Director or designee.
• Human Resources shall
conduct a prompt, thorough, and impartial investigation into all credible reports or allegations of workplace violence, consistent with applicable laws and City policies. • All information related to the
incident shall be kept confidential to the extent permitted by law, and shared only with those who have a legitimate business need to know.
• Employees found to have engaged in workplace violence or violations of this policy will be subject to disciplinary action, up to and including termination, in accordance with applicable laws, rules, and labor agreements.
• The City shall maintain a Violent Incident Log for every incident of workplace violence. Information in the log shall be based on information solicited from the employees who experienced the workplace violence. These records, along with investigation records, shall be maintained for a minimum of five (5) years.
PROCEDURE:
Responsibility Action
Responding to Workplace Violence
Employee 1. Recognize what is occurring; remain
calm and proceed in a logical manner.
2. Assess the situation in terms of degree
of threat, injury, or damage.
3. Avoid making counter-threats or
agitating the person committing the
workplace violence.
4. Take appropriate and reasonable
steps to reach a secure area and
assist others, if necessary and
possible, to reach a secure area.
5. Call 9-911 if:
a. The assailant is still violent or
threatening violence.
Number: III-4_ Effective Date: 07/06
9 b. The assailant has not been detained
or is not in custody.
c. Someone is injured.
The 911 dispatcher's screen will
display the billing address. For City
Hall, it will identify the floor. Answer
the dispatcher's questions in a calm
and accurate manner.
6. Provide warning, if necessary and
possible, to any employees or
persons.
7. If in a secure area, wait for security
and/or medical assistance.
Reporting Workplace Violence
Employee 8. When it is safe, immediately report the
potential or actual workplace violence
to the employee's immediate
supervisor, other appropriate
manager, or the Department Head.
The reporting should not be delayed
because of any unavailability of a
supervisor, manager, or Department
Head.
Immediate Supervisor 9. The immediate supervisor, other appropriate manager, or the
Department Head must immediately
report the potential or actual workplace
violence to the Human Resources
Director or designee and the Safety
Officer.
Human Resources Department or
Department Head 10. Human Resources or the Department
Head should ensure that the situation
is under control, including ensuring
Number: III-4 Effective Date: 07/06
10 that the assailant is in custody or
removed from the work site, if
necessary, that employees are safe,
that any required warnings are given
to other employees or persons, and
that any appropriate federal, state, or
local agencies are contacted about the
incident as required by law.
Employee 11. If an employee or a work group has
been affected by workplace violence,
Human Resources should arrange for
Employee Assistance Services.
Human Resources Department 12. If necessary, Human Resources or its designee should arrange for the drug
and alcohol testing of the employee.
13. If necessary, Human Resources
should arrange the transportation of
the employee to his or her home. If it
appears that the employee's judgment
is impaired, the employee should be
prohibited from driving him or herself
home. In such an event, Human
Resources should contact a family
member or provide alternative
arrangements.
Investigation of Workplace Violence
Human Resources Department 14. Return to the work site by an employee alleged to have perpetrated
any act (or threat) of workplace
violence shall only be authorized by
the Department Head (in consultation
with the Human Resources Director).
15. An investigation of the potential for
actual workplace violence or of any
credible allegations of potential or
Number: III-4_ Effective Date: 07/06
11 actual workplace violence will be
conducted.
16. During the investigation, subsequent
proceedings, and thereafter, all
information regarding the incident
must be kept confidential to the extent
required by law and as reasonably
necessary.
17. Employees found to have committed
workplace violence will be disciplined
up to and including termination.