WORK PLACE: Preventing Workplace Violence

Nobody likes to think about it, yet violence is a fact of business life. From hotheaded employees who throw tantrums to devastating shoot-outs, the threat of violence in the workplace is real. In January 2000, the Bureau of National Affairs reported that 58 percent of the respondents from a workplace violence survey stated that their employees had expressed fears of violence at work. The possibility of such incidents has encouraged employers to implement and enforce written policies addressing violence and weapons on work premises. That’s not a bad idea considering we cannot escape the violent society we live in. Because the workplace mirrors society, as long as there is violence in society, we’ll be dealing with violence in the workplace.

REDUCING RISK. So, what can employers do to help reduce the costs and potential tragedies related to violence in the workplace? Although it cannot be completely eliminated, there are several important precautionary steps you can take to reduce the risk of violence at your business:

1. Establish a "zero tolerance" policy toward workplace violence. The Wild West died out a long time ago, so be sure to include a complete and total ban against firearms or weapons anywhere on company property (including company or private vehicles). Prohibit hitting, shoving, threatening or harassing employees. Require and encourage employees to report any suspicious behavior, including any employee who displays a tendency to engage in violent behavior.
2. Implement anti-harassment, grievance and security policies. Ensure these policies are updated periodically and provide multiple channels for reporting inappropriate behavior. Include a statement that employees who report such behavior will not be retaliated against.
3. Carefully examine and improve your hiring practices. Read the application and look for clues that might suggest potentially violent behavior. For example, if a candidate writes, "Absolutely hated my boss" under the Reason For Leaving section of your application, dig deeper. This is strong language for someone to use on an application form. You can also create interview questions that help reveal patterns of anger, threats or hostility. For example, you could include carefully constructed questions about guns and weapons.
4. Conduct thorough criminal background checks. Especially in the pest control industry, employers should conduct criminal background checks on potential employees. Additionally, your application for employment should ask about any criminal convictions (not arrests). If a candidate indicates that he or she has been convicted of a crime, ask about it. You have the right to use job-related criminal information to make an employment decision. (Note: Most convictions are job-related!)
5. Consider pre-employment personality profiling or other testing. Some profiles can identify dominant or aggressive behaviors and tendencies. Of course, you must ensure that any profiles or pre-employment tests are legal and non-discriminatory.
6. Conduct reference checks. No excuses here. Employers need to take the time to contact former employers. Many states have regulations that protect employers who provide truthful, accurate reference information. Make an effort to obtain and document reference information.
7. Train employees to recognize the warning signs of aggressive, violent behavior and to deal effectively with conflict. Don’t just train managers — include all employees. Training should be conducted by an experienced professional who is aware of the practical and legal implications of violence in the workplace. By noticing radical changes in an individual’s behavior, employees can help prevent conflicts from escalating into violent or aggressive acts. Some specialists believe that the notion of workers suddenly "snapping" without any warning signs is a myth. Others find that employees who explode into murderous rages often fit a demographic and psychological profile (see box above).
8. Review your termination procedures to ensure all separations are handled in a dignified way. Provide post-termination counseling, if necessary, to help potentially violent individuals feel they were cared for while employed. 
9. If you terminate a potentially violent employee, take proper precautions after the termination. It may be necessary to increase the security around your building for a period of time following the termination. Also, seek advice before providing a reference (especially a letter of reference!) for an employee who was terminated for threatening or violent behavior. If the individual is hired elsewhere and is involved in another act of violence, you may be at risk for claims of fraud, misrepresentation, conspiracy and negligence. The idea is that by revealing the candidate’s violent behavior, you could have prevented the individual from being hired and engaging in another violent act.
10. Examine your culture. If your culture encourages potentially abusive behavior like yelling or screaming at one another, you could be inviting a problem. As people move through the stages of aggression (which often start with rising tempers), they begin to lose their judgment. A loss in judgment can lead to a crisis. Don’t accept unprofessional behavior. Period.
11. Consider ADA. Although it’s hard to accept, in some situations, a potentially violent employee may be classified as "disabled" under the Americans With Disabilities Act. The disability would fall under the class of "mental impairments" and may call for a "reasonable accommodation," which could include time off for counseling, a leave of absence or some other accommodation. In these cases, to escape ADA liability and terminate the individual, you have to show the termination was necessary to prevent a "direct threat" to the health and safety of others.
12. Develop crisis procedures for responding to workplace violence. Every business should have a plan of action in place to address a crisis. Your plan should include the chain of command to notify in case of an emergency, how employees can protect themselves and where employees can turn for help when violence becomes a reality.

CONCLUSION. Although the focus should always be on training and prevention efforts, every employer should be prepared for violence. Don’t ever assume it won’t occur because unfortunately, this problem is not going to disappear.

The author is president of the Winter Park, Fla., consulting firm, Seawright & Associates, Inc. She can be reached at 407/645-2433 or jseawright@pctonline.com.