APPLICABILITY & PURPOSE
This Personnel Management Regulation (PMR) defines conduct, prohibitions, responsibilities, and investigation requirements associated with workplace security and violence in the workplace.
CONTENTS
26.1 General
26.2 Expressly Prohibited Conduct
26.3 Responsibilities
26.4 Incident or Employee Complaint Investigations
26.5 No Retaliation
APPROVAL
FORMS AND ATTACHMENTS
26.1 General
A. It is the intent of the County to provide for the safety and security of County employees at all work locations, as well as providing a safe environment for citizens and visitors to County facilities. The County affirms the right of all County employees to a safe work environment free from intimidation, harassment, violence, and threats of violence whether from co-workers, former employees or the public. Acts and/or threats of intimidation, harassment, or violence by County employees, volunteers, former employees or the public will not be tolerated in the workplace or in connection with any County business. Any such acts or threats will constitute grounds for immediate investigation, and if made by County employees, may also constitute grounds for disciplinary action, up to and including termination.
B. This prohibition covers intimidation, personal harassment, violence, or threats of violence, made directly or indirectly, including but not limited to words, gestures, correspondence, symbols or physical acts which threaten the security and safety of County employees. Also included are
acts which inhibit County employees from conducting business or providing services in an environment of safety and security. This includes such acts made on County premises, at County work operations or County functions.
26.2 Expressly Prohibited Conduct
A. The County expressly prohibits harassment, intimidation, threats or workplace violence as defined below. (Also see PMR 21 – Equal Employment Opportunity and Anti-Harassment.)
1. Harassment. A knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, terrorizes or intimidates the person and serves no legitimate purpose. This course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional stress to the person.
2. Intimidation. Threatening behavior which may induce fear for physical safety in another person. Examples include threatening telephone calls, electronic or computer graphics and messages.
3. Threat. The expression of intent to inflict physical harm and/or an action that a reasonable person would perceive as a threat to physical safety or property.
4. Workplace Violence. Violence which any person inflicts, threatens to inflict, or makes reference to inflicting on others at the place of work, which may result in serious bodily harm, injury, or death or in damage to property. The person performing such behavior may be a co-worker or a member of the public (e.g., a client). Examples of such behavior include but are not limited to:
a. Comments that a person in the work area is better off injured or dead.
b. Clear verbal threats of physical harm made to a person in the work area.
c. Gestures directed at a person in the work area which are a threat to the person or to property in the area.
d. Obscene gestures or motions intended to harass or intimidate a person in the work area.
e. Displaying a weapon when not a part of one’s work duties.
f. Stalking or otherwise focusing undue attention whether “romantic” or angry, on another person.
g. Striking, punching, slapping, shoving or assaulting another person; throwing objects with the intent to frighten or injure.
5. Weapons. County employees and volunteers will not possess in the workplace, including their vehicles at work, firearms, explosives, ammunition, fixed blade knives, or folding knives with blades over 3 ½ inches in length, unless it has both a work-related purpose and/or the employee has received the prior approval in writing of his/her department head.
26.3 Responsibilities
A. All department heads, managers, and supervisors are responsible for maintaining a safe and secure environment through implementation of the County Injury and Illness Prevention Program (IIPP), available in the Risk Management Division of the County Administrator’s Office. All department heads, managers, and supervisors are responsible for clearly communicating the program to employees and volunteers and ensuring that they understand the program, including informing employees of potential dangers and actions they should take.
B. All employees and volunteers are responsible for assisting in maintaining a safe and secure environment. Employees and volunteers are thus responsible for conducting themselves in the workplace without intimidating, harassing, threatening, or violent behavior which may cause harm or fear for physical well being to employees, the public, or to property. Employees are responsible for reporting immediately to their supervisors, managers, or the Risk Management Division, all acts or threatened acts of intimidation, harassment or violence.
C. Should the employee or volunteer perceive that he or she is in immediate apparent danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, he or she will whenever possible:
1. Place themselves in a safe location.
2. If appropriate call the County Sheriff or appropriate local law enforcement agency and request immediate response of a deputy sheriff or police officer and be prepared to inform the dispatcher of the circumstances and the exact location of where an officer is needed.
3. Inform a supervisor, manager or the Risk Management Division of the circumstances.
4. Complete the Workplace Security and Safety Incident Investigation Report Form as soon as possible and submit the original copy to the Risk Management Division and retain a photocopy.
5. Refer media inquiries to the department head, or the Risk Management Division.
6. Cooperate fully in any administrative or criminal investigation, which will be conducted within existing policy and laws.
26.4 Incident or Employee Complaint Investigations
A. Department heads are responsible to ensure that all employee complaints are heard, evaluated and responded to appropriately. Regardless of the complaint, an investigation must be conducted. In incidents involving possible criminal action, or breaches of security or security hazards, the County Sheriff or the appropriate local law enforcement agency will be notified to take charge of the initial investigation.
B. In all cases of safety, the initial investigation may be conducted at the department level or by the Safety Analyst. Results of the investigation are to be reported to the Safety Analyst. The Analyst will review the investigation and hazard resolution documents and report evaluation results to the County Administrator, the department head, the Director of Human Resources, the Risk Manager and the County Counsel or the designee of each. These individuals, in conference with the Analyst, will confirm the resolution of any identified hazards.
C. If the problem cannot be resolved at the department level, the Safety Analyst will further investigate the incident (or employee report of hazard) and recommend preventive or mitigating actions as appropriate. This report will also be forwarded to the above five individuals for evaluation. The supervisor or other person designated by the department head to conduct the investigation must keep proper notes and records. In accordance with regulatory requirements, the employee may make complaints anonymously. The following methods, as applicable, will be used whenever investigating a complaint, or an incident which has occurred:
1. Reviewing of all previous incidents.
2. Visiting the scene of an incident as soon as possible.
3. Interviewing threatened/or injured workers and witnesses.
4. Examining the workplace for security risk factors, not previously identified, associated with the incident, including any previous reports of inappropriate behavior by the perpetrator.
5. Determining the cause of the incident.
6. Taking corrective action to prevent the incident from recurring.
7. Recording the findings and corrective actions taken, including discipline.
26.5 No Retaliation
No employee will retaliate against another employee who reports an incident pursuant to this section.
APPROVAL
Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors