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Preparing for

VIOLENCE in the

WORKPLACE

A Construction Industry Perspective

ASSP San Francisco Chapter

2019 Bay Area Safety Symposium (3/9/19)

Agenda

• Introduction

• Learning Objective 1

• Learning Objective 2

• Learning Objective 3

• Learning Objective 4

• Questions

Introduction

• Self

• Group– WHO is in the room?

– WHY are you in the room?

– Safety Professionals

• Insurance Industry

• Contractor

• Compliance (OSHA)

• Other / Related Industries / Professions

▪ February 15, 2019 (FRI)

– Aurora, IL

– Henry Pratt Co.

– 5* +1 Killedhttps://www.washingtonpost.com/nation/2019/02/16/man-kills-five-warehouse-shooting-spree-shortly-after-being-fired-illinois-police-say/?noredirect=on

▪ March 9, 2018 (FRI)

– Yountville, CA

– Pathway Home staff farewell party

– 4* +1 Killed https://en.wikipedia.org/wiki/Yountville_shooting

Why Are We Here?

▪ May 29, 2016 (THUR)

– San Francisco. CA

– Fifth and Shipley Street

– 1 Killed

http://www.sfgate.com/bayarea/article/Construction-worker-stabbed-to-death-in-SF-s-7984487.php

▪ November 1, 2013 (FRI)

– Los Angeles, CA

– Terminal 3, LAX

– 1 Killed

https://en.wikipedia.org/wiki/2013_Los_Angeles_International_Airport_shooting

Why Are We Here?

▪ Define “Workplace Violence” (WPV) and how it

relates to the Construction Industry [L.O. #1]

▪ Discuss the primary elements of a WPV

Prevention Program and Policy [L.O. #2]

▪ Update on the status of Cal/OSHA Workplace

Violence Standard for General Industry (coming to

your project very soon…) [L.O. #3]

▪ Review the myriad of WPV resources available (and evaluate which one(s) may be right for you) [L.O. #4]

Learning Objectives

▪ Define “Workplace Violence” (WPV) and how it relates to the Construction Industry

Who “it” happens?

What “it” happens?

Where “it” happens?

When “it” happens?

Why “it” happens?

First Learning Objective

L.O. #1

Definition

Workplace Violence is any physical

assault, threatening behavior, or verbal

abuse occurring in the work setting

A workplace may be any location either

permanent or temporary where an

employee performs any work-related duty

*Note: “Motive” is not found in the definition

L.O. #1Source: OSHA WPV Health Care.ppt

Workplace Violence Includes:

Beatings

Stabbings

Suicides

Shootings

Rapes

Near-suicides

Psychological traumas

Threats or obscene

phone calls / texts

Intimidation

Harassment of any

nature

Being followed, sworn or

shouted at

L.O. #1

Examples

▪ Verbal threats to inflict bodily harm; including vague or covert threats

▪ Attempting to cause physical harm; striking, pushing and other aggressive physical acts against another person

▪ Verbal harassment; abusive or offensive language, gestures or other discourteous conduct towards supervisors, fellow employees, or the public

▪ Disorderly conduct, such as shouting, throwing or pushing objects, punching walls, and slamming doors

L.O. #1

▪ Making false, malicious or unfounded statements against

– Coworkers,

– supervisors, or

– subordinates

which tend to damage their reputations or

undermine their authority

▪ Inappropriate remarks, such as making delusional statements

▪ Fascination with guns or other weapons, bringing weapons into the workplace

Examples

L.O. #1

4 Types of Workplace “Violents”

The person who came to commit the crime

• Has No relationship to the workplace

• Is the recipient of a service (e.g. Customer)

• Has an employment relationship with a current or

former employee (e.g. Supervisor / Co-worker)

• Has a personal relationship with a current or

former employee (e.g. Spouse / Significant Other)

L.O. #1

Source: Workplace Violence: Issues in Response, U.S. DOJ, FBI

Statistics on Occupational Violence

▪ Fatal Occupational Injuries (2013-2017)

– Homicides vs. Total Fatalities & % Thereof

L.O. #1

YEAR 2013 2014 2015 2016 20175-Yr

Ave

Homicides 404 409 417 500 458 437

Fatalities 4585 4821 4836 5190 5147 4826

Percentage 8.1% 8.5% 8.6% 9.6% 8.9% 9.1%

Source: BLS New Release (12-18-2018)

Statistics on Occupational Violence

Fatality Data – 2016 Workplace Homicides

▪ 500 Workers in private industry & government

– 82% were Male

– 48% were White

– 31% were working in retail establishment, 26% were

performing protective service activities

L.O. #1Source: Bureau of Labor Statistics, NIOSH Website

Statistics on Occupational Violence

Injury Data – 2016 Workplace Injuries

▪ 16,890 Workers in private industry & government

experienced non-fatal WPV (resulting in Lost Time/days

away from work)

– 70% were female

– 70% worked in healthcare and social assistance

– 21% required 31 or more days away (lost time)

– 19% involved 3 to 5 days away (lost time)

L.O. #1Source: Bureau of Labor Statistics, NIOSH Website

Statistics on Occupational Violence

▪ Homicide is the second leading cause of

death in the workplace

▪ Assaults and threats of violence number

almost 2 million a year

L.O. #1

Economic Impact of WPV

▪ Cost 500,000 employees 1,175,100 lost work

days each year

▪ Lost wages: $55 million annually

▪ Lost productivity, legal expenses, property

damage, diminished public image, increased

security: $ billions $

L.O. #1

▪ Industry-specific (Public Service)

– Healthcare and Social Services

– Late Night Retail / Taxi / Ride-share

– Law Enforcement

▪ Common to any / all Industries

– Hiring / Termination (HR Functions)

– Physical Security / Crime Risk (Location)

Risk Factors

L.O. #1

▪ Construction Community

– Heavy / Civil Contractors

– Commercial Contractors

– Specialty Contractors

– Others (Inspectors, Owners, etc…)

▪ Common to all contractors

– Hiring / Termination (Union, Non-Union, Salary)

– Physical Security / Crime Risk (Location)

– Main Office(s); Shop / yard; jobsite

Risk Factors

L.O. #1

▪ May 29, 2016

– San Francisco. CA

– Fifth and Shipley Street

– 1 Killed

▪ November 1, 2013

– Los Angeles, CA

– Terminal 3, LAX

– 1 Killed

Why Are We Here?

L.O. #1

Regulatory Requirements

• OSHA relies on Section 5 (a)(1) of the OSH

Act for enforcement authority

• Cal/OSHA relies on Section 3203, Injury and

Illness Prevention Program for enforcement

authority

• CCR T8 Section 3342 - Violence Prevention

in Healthcare (effective April 1, 2017)

• CCR T8 Section 3343 – Workplace Violence

Prevention (Revised Discussion DRAFT 10/24/18)

L.O. #1

OSHA GENERAL DUTY CLAUSE:

SECTION 5(a)(1)

Each employer shall furnish to each of his

employees employment and a place of

employment which are free from recognized

hazards that are causing or likely to cause

death or serious physical harm.

Note: This includes the prevention and control of the

hazard of workplace violence

L.O. #1

▪ Discuss the primary elements of a WPV

Prevention Program and Policy

WHAT am I supposed to do?

WHO is supposed to do it?

WHERE am I supposed to do it?

WHEN am I supposed to do it?

HOW am I supposed to do it?

WHY am I supposed to do it?

Second Learning Objective

L.O. #2

WPV Prevention Program Elements

▪ Management Commitment and Employee

Involvement

▪ Worksite Analysis

▪ Hazard Prevention and Control

▪ Training and Education

▪ Recordkeeping and Evaluation of Program

L.O. #2

Management Commitment and Employee

Involvement

▪ Complementary and essential

▪ Management commitment provides the

motivating force to deal effectively with

workplace violence

▪ Employee involvement and feedback-

enable workers to develop and express their

commitment to safety and health

L.O. #2

Management Commitment

▪ Organizational concern for employee emotional and physical Safety and health

▪ Equal commitment to worker Safety and health and client (subcontractor) safety

▪ System of accountability for all employees

▪ Create and disseminate a clear policy of Zero tolerance for workplace violence

▪ Ensure no reprisals are taken against employees who report incidents

▪ Encourage employees to promptly report incidents

L.O. #2

Management Commitment

▪ Develop a comprehensive plan for maintaining

security in the workplace

▪ Assign responsibility and authority for program

▪ Provide individuals with appropriate training

L.O. #2

Employee Involvement

▪ Understand and comply with the WPV

prevention program and other safety and

security measures

▪ Participate in employee complaints or

suggestion procedures covering safety and

security concerns

▪ Prompt and accurate reporting of violent

incidents

▪ Communicate concerns to management

L.O. #2

Worksite Analysis

▪ Step-by-step look at the workplace, to find

existing or potential hazards for WPV

▪ Analyzing and tracking records

▪ Monitoring trends and analyzing incidents

▪ Screening surveys

▪ Analyzing workplace security

– Office / Shop / Yard / Jobsite(s)

L.O. #2

Hazard Prevention and Control

▪ Engineering controls and workplace

adaptation

▪ Administrative and work practice controls

▪ Post incident response

L.O. #2

Administrative and Work Practice Controls

▪ State clearly to employees that violence will

not be tolerated or permitted

▪ Establish liaison with local police

▪ Require employees to report all assaults and

threats

▪ Set up trained response teams to respond to

emergencies

L.O. #2

Post-Incident Response

• Trauma-crisis counseling

• Critical incident stress debriefing

• Employee assistance programs to

assist victims

L.O. #2

Training and Education

▪ Workplace violence

prevention policy

▪ Risk factors that

cause or contribute

to assaults

▪ Early recognition of

escalating behavior

or warning signs

▪ Ways to prevent

volatile situations

▪ Standard response

action plan for

violent situations

▪ Location and

operation of Safety

devices

Training program should involve ALL employees,

including supervisors and managersL.O. #2

Recordkeeping

▪ OSHA Log of Injury and Illness (OSHA 300)

▪ Medical reports of work injuries assaults

▪ Incidents of abuse, verbal attacks, or aggressive

behavior

▪ Information on patients with history of violence

▪ Minutes of safety meetings, records of hazard

analyses, and corrective actions

▪ Records of all training programs

L.O. #2

▪ Update on the status of Cal/OSHA Workplace Violence Standard for General Industry (coming to your workplace very soon…)

WHAT’s happening?

To WHOM is it happening?

WHERE is it happening?

WHEN is it happening?

HOW is it happening?

WHY is it happening?

Third Learning Objective

L.O. #3

CCR T8 Section 3343 Update

• CCR T8 Section 3342 - Violence Prevention in

Healthcare (effective April 1, 2017)

• CCR T8 Section 3343 – Workplace Violence

Prevention (Current working draft 10/24/2018)

https://www.dir.ca.gov/dosh/doshreg/Workplace-Violence-in-General-

Industry/

L.O. #3

201920182014 20172015 - 2016

Petition

542

Draft

3343Advisory

Mtg #1

Advisory

Mtg #2

T8 CCR

3342

▪ Summarize the myriad of WPV resources

available (and evaluate which one(s) may be right for you)

Wow, there is so much information, I don’t even know where

to start!

If I do start, what should I start with first?

I sure wish they had made it simple…

Fourth Learning Objective

L.O. #4

Resources

▪ OSHA Consultation Program

▪ OSHA Internet Site www.osha.gov

▪ Cal/OSHA WPV Webpage (DIR)

▪ NIOSH

▪ Law Enforcement

▪ Trade Associations

▪ Unions and Insurers

▪ Human Resource and Employee Assistance Professionals

L.O. #4

▪ FED OSHA (WPV Homepage)

▪ NIOSH Website (Injury Data)

▪ 2007 National Crime Prevention Council presentation

▪ FED OSHA Enforcement Homepage (Directives)

▪ Cal/OSHA (WPV Advisory Committee Homepage)

▪ 2019 ASSP WPV Presentation – Resources/Web

Links/Commentary – aka “Cheatsheet”

L.O. #4

Where Can I Go for Additional Information?

L.O. #3

▪ FED OSHA (WPV Homepage)

https://www.osha.gov/SLTC/workplaceviolence/

▪ WPV Prevention – Healthcare .PPT (47 slides / 1.0 MB)

▪ WPV Prevention – Healthcare .PDF Booklet (60 pages / 5.5 MB)

[2016]

▪ Note: WPV Checklists in the appendix

▪ WPV Prevention – Late-Night Retail .PPT (32 slides / 1.12 MB)

▪ WPV Prevention – Late-Night Retail .PDF Booklet (40 pages /

405 KB [2009]

▪ Note: good “Sample WPV Factors and Control Checklists (App A)

L.O. #4

Where Can I Go for Additional Information?

▪ FED OSHA (WPV Homepage)

L.O. #4

Where Can I Go for Additional Information?

▪ NIOSH Website (Injury Data)

https://www.cdc.gov/niosh/topics/violence/fastfacts.html

▪ Most current Occupational Violence Injury / Fatality

Data

▪ Fatality Data is current through 2017 (2018 news

release)

▪ Injury/Fatality demographic breakdown through 2016

L.O. #4

Where Can I Go for Additional Information?

▪ NIOSH Website (Injury Data)

L.O. #4

Where Can I Go for Additional Information?

▪ 2007 National Crime Prevention Council

presentation (.PPT / 88 slides / 14.7 MB)

http://www.ncpc.org/training/powerpoint-

trainings/Workplace%20Violence%20FA%20edits.ppt

Note: Google “2007 National Crime Prevention Council

presentation workplace violence”

L.O. #4

Where Can I Go for Additional Information?

▪ 2007 National Crime Prevention Council

presentation (.PPT / 88 slides / 14.7 MB)

L.O. #4

Where Can I Go for Additional Information?

Where Can I Go for Additional Information?

▪ OSHA Instruction / Directive CPL 02-01-058

https://www.osha.gov/enforcement/directives/cpl-02-01-058

L.O. #4

Where Can I Go for Additional Information?

▪ OSHA Instruction / Directive CPL 02-01-058

https://www.osha.gov/enforcement/directives/cpl-02-01-058

L.O. #4

• DIR’s Workplace Violence Prevention in

General Industry advisory meetings homepage

https://www.dir.ca.gov/dosh/doshreg/Workplace-Violence-in-General-

Industry/

▪ Petition 542

▪ Advisory Committee Meeting #1 (1/12/2017)

▪ Advisory Committee Meeting #2 (1/25/2018)

▪ CCR T8 Section 3343 – Workplace Violence Prevention (Current working draft 10/24/2018)

L.O. #3

Where Can I Go for Additional Information?

• DIR’s Workplace Violence Prevention in

General Industry advisory meetings hCommittee

L.O. #3

Where Can I Go for Additional Information?

▪ Was this presentation Informative?

▪ Did it meet / exceed your expectations?

▪ What are YOUR questions?

▪ Comments?

Questions / Comments

?’s

!’s

In Closing…

▪ Thank you for sharing your time with me...

▪ POC info: sphillips@Henselphelps.com