Legal Corner: Workplace Violence Preparedness
Arizona city and town attorneys recently received a presentation at their annual conference about Active Shooter Responses and Workplace Violence. Although it is an unpleasant subject, it is important to have some basic information in order for cities and towns to prepare for a volatile situation that could become dangerous or life-threatening for elected officials, municipal staff, or the public. This article will summarize the information presented at the city attorney conference and provide additional resources if your city or town would like to develop or update your policies.
What is Workplace Violence?
According to the Occupational Safety and Health Administration (OSHA), workplace violence is "any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors."
During the conference presentation, statistics from OSHA and the Society for Human Resource Management showed that seventy percent of threats are made from one employee to another; employers with more than one thousand employees reported that fifty percent of employees had experienced workplace violence incidents; and there was a growing concern by more than fifty percent of employees that violence might occur at their workplace. In Arizona, the 2017 Arizona Industrial Commission Report found that violence or injuries by persons or animals was the third leading cause of worker deaths in the state, and reported six fatalities by homicide and five fatalities by suicide.
In Arizona, the 2017 Arizona Industrial Commission Report found that violence or injuries by persons or animals was the third leading cause of worker deaths in the state, and reported six fatalities by homicide and five fatalities by suicide.
As long as there is the potential for violence in the workplace, a preparedness plan can help alleviate workplace stress and inform employees about how to handle any potential dangerous situations.
Identifying Risk Factors
Before a situation escalates and threatens the safety of others, there are often signs that warn of potential danger. According to a 2013 federal report by the Interagency Security Committee, there are certain indicators that can help you identify potential threats that can emerge in the workplace.
- Direct or veiled threats of harm;
- Intimidating, belligerent, harassing, bullying, or other inappropriate and aggressive behavior;
- Numerous conflicts with supervisors and other employees;
- Bringing a weapon to the workplace, brandishing a weapon in the workplace, making inappropriate references to guns, or fascination with weapons;
- Statements showing fascination with incidents of workplace violence, statements indicating approval of the use of violence to resolve a problem, or statements indicating identification with perpetrators of workplace homicides;
- Statements indicating desperation (over family, financial, and other personal problems) to the point of contemplating suicide;
- Pending or recent layoffs;
- Drug/alcohol abuse; and
- Extreme changes in behavior.
Without proper intervention, a situation can rapidly deteriorate so it is imperative that anyone witnessing or experiencing this type of conduct immediately report it to a supervisor. What happens if it’s too late and a situation becomes uncontrollable? A worst case scenario described by the Department of Homeland Security (DHS) is an active shooter, which is “an individual actively engaged in killing or attempting to kill people in a confined and populated area,” most often with firearms. In its "How to Respond" report, DHS states that active shooter situations are unpredictable and evolve quickly. Often it takes 10 to 15 minutes before law enforcement arrives on scene and employees should know how to react in these frightening situations through previous training exercises.
The federal government has created a protocol known as "Run. Hide. Fight." First, during an active shooter situation, employees should attempt to escape the scene if exiting can be done safely. Anyone who escapes should immediately call 911 to offer any descriptions of the shooter and the overall situation. If a person cannot safely leave the scene, DHS suggests finding a place to hide that is out of the shooter’s view, locking all doors, turning off lights, and silencing all electronic devices that could alert your presence to the shooter. As a last resort, if running or hiding is not an option, DHS states that a person should prepare to fight by using makeshift weapons (e.g. chairs, scissors, fire extinguisher) and committing to your actions by acting as aggressively as possible against the shooter.
Once law enforcement arrives, be prepared that officers may have to use pepper spray or tear gas to control the situation, keep your hands visible and empty, and follow law enforcement instructions.
Hopefully no municipal officials or employees will experience this situation; however, it is important to be prepared to protect as many lives as possible.
Workplace Training
An active shooter situation is an extreme example and it is important that volatile situations are properly defused so cities and towns will decrease the likelihood of facing this situation. An important aspect of prevention is training that establishes clear expectations and consequences for workplace behavior. The Arizona Municipal Risk Retention Pool (AMRRP) Fact Sheet suggests a zero-tolerance policy toward workplace violence against or by their employees and encourages municipalities to establish a prevention policy into an existing employee handbook. Any policy should identify clear objectives; require all employees to participate in training; and encourage immediate reporting of potential or real acts of violence, without fear of retaliation. Additional suggestions by federal agencies include fostering a respectful workplace, being aware of your surroundings by recognizing indications of workplace violence, and educating your workforce about evacuation and emergency protocols. These suggestions can be included in an Emergency Action Plan, which can be developed to address a myriad of emergency situations. OSHA has useful resources and a checklist to help aid in the development of any plan. If possible, your city or town may want to contact law enforcement and the fire department to solicit assistance with development of the plan.
Legal Implications
An active shooter scenario that results in death or injury to others will likely result in charges of homicide, assault, and other serious felony charges. But Arizona law also criminalizes threats or intimidation to cause physical injury to another person or serious damage to the property of another. The penalty is a class 1 misdemeanor. A.R.S. § 13-1202. Additionally, criminal damage can range from a misdemeanor to a felony depending on the target and the amount of damage. A.R.S. § 13-1602. There is no reason to wait for a situation to worsen before taking appropriate legal action.
Conclusion
Many cities and towns want to maintain their open access to the public at city council meetings or in everyday transactions at the city or town hall. In an effort to balance that openness with the safety of the public, the resources included in this article can assist elected officials and municipal staff to identify risk factors and understand how to defuse potentially dangerous situations. Despite the best prevention efforts, there is no guarantee that a violent situation won’t erupt, so providing clear training protocols, coordinating with law enforcement and first responders, and learning how to respond in crisis situations are the best defense to minimize injuries and fatalities.
Other Resources
Sample Workplace Violence Policy (Denton, TX)
