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245City Of Anaheim Administrative Regulation CHAPTER 2 - EMPLOYMENT PROCEDURES Subject: Anti -Violence Policy A.R. 245 Issue Date: Feb. 1,1996 Revised: August 4, 2010 Page (1) of (5) Purpose: The purpose of this Administrative Regulation is to establish a zero tolerance policy prohibiting workplace violence to protect the health and safety of employees and the general public. It is the policy of City of Anaheim that violence or threats of violence in the workplace, whether implied or explicit, shall not be tolerated. There is no excuse for and there shall be no tolerance of acts of violence or threats of violence by anyone at any level in the City, and there is no excuse for and there shall be no tolerance of harassment, intimidation, threats, or bullying. This policy applies to all employees of the City of Anaheim. Discipline: Any violation of this policy by a City employee shall result in disciplinary action up to and including termination. Definition: Violence is defined as any act intended to inflict physical harm, or an explicit or implied expression of intent to inflict physical harm to any person or property. The following are examples of behaviors that are prohibited under this policy: Threat or acts of physical force and/or assault, including pushing, shoving, slapping, hitting, punching, or striking. Threatening conduct such as attempts to instill fear in another, menacing gestures, stalking, brandishing weapons, including tools and equipment, as if intending to cause physical harm. Verbal and/or written harassment designed to intimidate or instill fear in others, such as harassing phone calls, letters or notes. Making direct or veiled verbal threats of physical harm to individuals or groups, or to another's personal property, or to City property. For example, "bad things are going to happen to so and so" or "that propane tank in the back could blow up easily". City of Anaheim Administrative Regulation 245 Page (2) of (5) Verbal and/or written harassment designed to provoke violence or loss of emotional control in another, such as taunting, holding another up to ridicule, or remarks which demean another. Each department may implement a Critical Incident Plan (CIP) establishing guidelines and steps to respond to potentially violent situations and to minimize the risk of escalating threatening situations. The CIP shall be implemented if any threats, implied or explicit, or intimidating behavior or comments are made by an employee or the general public. The CIP may include the items listed in the Department Critical Incident Plan Checklist.. Procedure: In the event of actual violence in the workplace by either an employee or a member of the public, immediately notify the Anaheim Police Department at #9-911 and take appropriate safeguards to protect life and property (see CIP for detailed information). Responsibility: Every employee shall comply with the provisions of this policy as a condition of continued employment. Supervisors are responsible for making subordinates aware of this policy by: Educating employees about the issue of workplace violence; attending training to perceive problem conditions and manage developing conflicts; careful screening and selection of new employees; facilitating communication between employees and supervisor/managers; development of a confidential process that allows employees to report threatening circumstances and potential problems; referral of employees to Employee Assistance Program — to facilitate employees with personal problems seeking professional help; using "people -sensitive" processes for potentially negative circumstances, such as dismissals or layoffs/reassignments. If a City employee becomes aware of a threat to self or others, the employee shall immediately notify a supervisor or manager. No influence will be used to suppress any complaint. No employee will be subject to retaliation or reprisal for filing a legitimate complaint or for cooperating as a witness. In the event of a violent act or an explicit or implied threat, the supervisor or responsible manager shall conduct a timely and impartial investigation of the incident. City of Anaheim Administrative Regulation 245 Page (3) of (5) Investigation of a violent act or an explicit or implied threat will be handled confidentially. The investigation should include: Information from any witnesses What was said and heard when the threat was made Who was the perpetrator of the incident Who else was present What exactly happened Why the threat was made When the violation occurred Where the violation occurred How did the recipient/witnesses react If the accusation of violence or a threat is substantiated, any proposed discipline will be reviewed by the City's Labor Relations representative. Based upon the degree of severity of a proven incident, appropriate disciplinary action will be taken, up to and including termination. If an accusation of violence or a threat is not substantiated, the person initiating the accusation will be counseled regarding the potential impact of a false accusation on his/her career and the career of the accused. The accused should be notified that the accusation was not substantiated. Individuals who retaliate against any person who has reported an alleged violent act or an explicit or implied threat, regardless of whether the retaliation takes place on City property or City time, will be subject to serious disciplinary action. Individuals who falsely accuse a person of violence or threat of violence that is proven to be malicious and intentional will be subject to serious disciplinary action. Supervisor shall debrief/advise affected employees of the progress/resolution of the incident. When appropriate, the supervisor may remove an employee from the workplace in accordance with Removal From Workplace Employee Unfit for Duty A.R. 277, pending completion of the investigation. A site -security assessment will be conducted by each department, in conjunction with the Police Department, as a preventative measure before problems arise. City of Anaheim Administrative Regulation 245 Page (4) of (5) DEPARTMENT CRITICAL INCIDENT PLAN CHECKLIST *The following items must be addressed in department CIP PREVENTATIVE PLAN Employee education and awareness Investigate all complaints Take prompt action Establish documentation CITY/DEPARTMENT POLICIES/PROCEDURES Existing policies/procedures Termination process EMPLOYEE SELECTION GUIDELINES Pre employment screening Reference check Background check, criminal history, and psychological testing (Contact HRD to consider for certain positions) EMPLOYEE AND MANAGEMENT TRAINING Assessing and reporting threatening behavior Detecting violent behavior Responding to violent behavior Investigating incidents CRISIS MANAGEMENT TEAM Team makeup Team role Training/education Documentation/incident review Resolution of incident CRISIS RESPONSE PLAN Who to call Chain of command Detain the perpetrator What to do/not to do Critical incident debriefing City of Anaheim Administrative Regulation 245 Page (5) of (5) MANAGING DAMAGE CONTROL Crisis "communication" plan Who to notify-internal/external Primary spokesperson Rumor control Communication/early and often LIABILITY ISSUES Employer's legal responsibilities Negligent hiring Negligent retention Worker's compensation issues ASSESS SITE SECURITY Site audit Lighting Employee education Restricted areas Monitored access Working alone Keyless door entry FUTURE PREVENTION STRATEGIES Review all incidents Recommend changes, if necessary Implement changes Attachments: None