Tag: workplace violence

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How to identify and handle an employee at risk for workplace violence

termination, covidiot, workplace violence, gun, weapon

It’s been four days since Brandon Hole returned to the Indianapolis FedEx facility at which he previously worked, and killed eight people.

I’ve previously written about how to spot an employee at risk for workplace violence. And while I’m not sure FedEx could have done anything to prevent what happened here, this tragedy nevertheless is a reminder of what employers need to do when they suspect an employee presents a risk of violence.
Here is my post from Feb. 18, 2019, following a workplace shooting in Aurora, Illinois.

Early Friday afternoon, Henry Pratt Co. informed one of its employees, Gary Martin, of his termination. Shortly thereafter, he opened fire with a .40-caliber Smith & Wesson, killing five of his co-workers and wounding five police officers. Martin himself was the sixth casualty, killed in a shootout with police.

After the news of this tragedy broke, reports surfaced of Martin’s history of violence — six prior arrests by the local police department for domestic violence, and a decades-old felony conviction for aggravated assault.

All of which begs the question, should this employer have known that Martin was prone to violence, and if so, should it have taken added measures in connection with his termination.

A criminal history of violent arrests and offenses is not necessarily a predictor of workplace violence. Still, there are certain warning signs for which an employer can look to help determine whether an employee is at risk for potential violence.

According to ESI Group, these warning signs include:

  • A chronic inability to get along with fellow employees
  • Mood swings and anger control issues
  • Expressions of paranoia or persecution. Being a “victim”
  • A history of problems with past jobs and and/or personal relationships
  • An inability to get beyond minor setbacks or disputes at work
  • A fascination with guns, weapons, or violent events
  • A sudden deterioration in work habits or personal grooming
  • Signs of stress, depression, or suicidal ideation
  • A major life problem, such as divorce or legal problems

If one more of these red flags surface, it is recommended that you refer this employee to an employee assistance program, for assessment and treatment.

If you are compelled to fire an employee who you think poses a risk of violence, it is recommended that you take further steps to mitigate against the risk of your termination transforming into a workplace tragedy.

ESI Group recommends the following:

  • Consider a professional threat assessment.
  • Consider using a neutral manager or outside security consultant to carry out the termination.
  • If there is manager or supervisor who has been the object of threats or anger, that person should not be the person to conduct the termination.
  • Have security nearby—not in the same office, but close enough to hear signs of a problem and to act.
  • Do not take a break. There are numerous instances of an employee asking for a bathroom break or time to compose him- or herself, and using the break to retrieve weapons.
  • Wait until the end of the workday to terminate, if possible. This protects the dignity of the fired employee and minimizes the number of employees on hand should a situation escalate.
  • Minimize any reasons why the employee would have to revisit the workplace. Mail a check; have uncollected belongings sent to the person’s home via a delivery service.
  • Allow the person as much dignity as possible, but be brief and to the point. Do not get into a back and forth.
  • Emphasize any severance benefits and outsourcing help that may be available. Some organizations decide they will not contest unemployment or offer the option of resigning.

As with most issues in the workplace, the proverbial ounce of prevention really matters. While there exists no foolproof way to protect your workplace against these kinds of tragedies, a few preventative steps can go a long way to putting you in the best place to deter and respond.

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Breaking down the potential liabilities in Ohio’s new mask rules

essential workers; workers' compensation, mask

During yesterday evening’s statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio’s mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.

  1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.
  2. Each business will be responsible for ensuring that customers and employees are wearing masks.
  3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers’ compensation, will inspect to ensure compliance.
  4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.
construction, mask, mobile technology, COVID-19First and foremost, before the disabled and their advocates start screaming that this order violates the ADA, it doesn’t. Yes, Title III of the ADA requires that businesses that are open to the public make exceptions to mask rules for those with disabilities that prevent them from wearing a mask. That accommodation, however, need not be letting them inside the business unmasked. You can offer online ordering and curbside pickup. You can have shoppers at the ready to make purchases on-call and bring them outside to the customers, or otherwise meet the customer outside to transact business. As long as your service is made “readily accessible” for someone with a disability, you’ve met your obligation under the ADA, and there are many ways to accomplish this without letting someone inside maskless.
The same applies to employees. Title I of the ADA allows employers to modify work rules as a reasonable accommodation for an employee’s disability. If a mask causes an issue for someone with a disability, the solution is to offer that individual an accommodation. Maybe you segregate the employee so that he or she does not come into contact with anyone else. Maybe you permit that employee to work from home. Maybe you grant a leave of absence until the risk abates. The point is that the employer and the employee have options other than allowing them to work freely without a mask.
Secondly, the combination of numbers two, three, and four have me concerned if an employer is going to place compliance and enforcement responsibility on its employees.
For reasons that still befuddle and escape me, some people become hostile when told to wear a mask. Yet, your employees are not professionally trained in diffusing hostile situations. Don’t leave it up to your untrained employees to try to enforce these rules and potentially deal with escalating hostilities and violence. You wouldn’t send an amateur to defuse a bomb, lest you risk an explosion. This situation is no different. (It also might violate OSHA’s General Duty Clause.) Instead:
  1. Deploy trained personnel (ideally security, but at least someone at a management level) to enforce this mandatory mask rule and ensure 100 percent compliance within your business; and
  2. Train all other employees not to engage and instead to summon a designated responder.
This rule is long overdue. We all agree that masks are the number one thing we must do to slow the spread of COVID-19. Let’s mask up and all do our part.
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Employee communication how-to’s during a crisis

employee communication

The usual employee communication strategy goes out the door when a company faces a crisis. Special circumstances like natural disasters, workplace shootings and pandemics put employers in a challenging situation. The future is uncertain, people are constantly learning new facts and messaging has to be carefully crafted. 

Meanwhile, emotions may be high while people deal with the aftermath of a potentially traumatic event, and employers must be able to communicate messages carefully and empathetically. Added to this challenge, distance may be an issue. Disease outbreaks, hurricanes and snowstorms may leave a workforce separated from each other, either working remotely or unable to work at all.

employee communicationIt’s important for organizations to develop a crisis communication plan. Within that plan include details that relate to specific crises. Technology will be a key part of these strategies, especially when there’s a possibility that employees and managers won’t be in the same office for an unknown amount of time. 

Here are some tips on how to utilize technology in a crisis communication strategy.

Communicate the organization’s response: 

Whatever the crisis, employees want to know what is going on with their jobs and updates on the company. If a company closes temporarily due to a disaster, for example, people want to know when it will open again. Are their jobs safe? Is the employer taking proper health and safety precautions as they reopen the workspace? Are employees’ concerns and questions being addressed or ignored?

While managers may not have all the facts, they can set up weekly calls or send ongoing communication that gives employees whatever information is available. That way, people don’t feel out of the loop and know that their concerns are being considered and addressed by management.

A mobile communication solution is especially valuable since employees can access the information they want whenever and wherever on their own device.

Share only trustworthy sources and facts: 

In times of crisis, misinformation and myths can be spread just as easily as facts, as crises like the COVID-19 pandemic and mass shootings show. Coronavirus myths include that antibiotics kill the virus and that only older people and people with chronic conditions are at risk. Mass shootings myths include that people with a mental illness are more likely to commit acts of violence (they’re actually much more likely to be victims of violence). 

The important lesson for employers here is that rather than relying on the opinions of random people online — even if they seem credible — they should rely on basic facts from the experts. 

As managers regularly communicate with employees as part of their crisis management strategy, they shouldn’t further spread misinformation.

Show empathy: 

Just sharing facts won’t show empathy for the anxiety, trauma or other negative emotions employees may feel during a crisis. Compassion and a sense of understanding can go a long way to easing employees’ fears.

This is also an area managers can practice. They don’t have to go in blindly when they want to show a human, vulnerable, empathetic side to employees. Practice could be role-playing with someone else and analyzing what responses worked. Or it could mean researching how to communicate with people who have been through a crisis and practicing how to say it genuinely to another person. 

In the case where managers and employees are separated, managers can show their team members on a personal level as well via their company’s mobile chat tool. It could be as simple as asking someone how they’re doing or communicating to them that management cares about their well-being. Just be sure it is genuine. 

Don’t ghost employees: 

Even though employers have enough on their plate when dealing with the aftermath of a crisis, they shouldn’t neglect their employees , who often are hailed as an organization’s “most valuable asset.” Ignoring the impact of the crisis on these people won’t reflect well on the manager or the organization. 

It can be easy to keep in touch with employees and keep the lines of communication open with the right tech tools. Workforce.com allows managers to communicate with employees, whether it’s to share important information with them or just to reach out and show empathy for their situation. 

Tools like this exist and can make managers’ crisis management responsibilities more effortless and streamlined. Utilize the latest communication technology in your crisis communication strategy. 

 

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Common Sense (Sort of) Prevails in Ohio Over Gun-Owner Discrimination Law

Jon Hyman The Practical Employer
Last week,
My Twitter feed absolutely exploded with confusion and outrage.
I am happy to report that the Ohio Senate relented to common sense, and amended the bill to remove any reference to Ohio’s employment discrimination law and any inclusion of gun ownership as a protected class. What remains in Sub. S.B. 199 [pdf], however, is the unabridged right of concealed handgun license holders to store their firearms in their vehicles parked on the property of their employers.

2923.1210. (A) A business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:
(1) Each firearm and all of the ammunition remains inside the person’s privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person’s privately owned motor vehicle;

(2) The vehicle is in a location where it is otherwise permitted to be.

All signals point the House and Senate passing this amended bill, and Gov. John Kasich signing it into law before year’s end.

So, if Ohio law is going to permit your employees to store handguns in their cars on your property, what are you, as a business, to do to protect your business, its employees, customers, vendors and others? One option is to engage in pre-work security screenings, including posting guards, installing metal detectors, and engaging in pat-down searches. The expense, however, is cost-prohibitive for most businesses, and nevertheless it is the epitome of overkill.

A logical and more cost-effective starting point for most businesses is with an Active Shooter / Emergency Action Plan, so that your business knows how to respond in the event this evil enters your workplace.

The Department of Homeland Security published a guide [pdf] on how to respond to an active shooter. The guide instructs:

  • How to respond if an active shooter is in your vicinity (evacuate, hide, or, as a last resort, take action).
  • How to respond when law enforcement arrives.
  • How to train your staff (including implementing an Emergency Action Plan and running training exercises).
  • How HR and management should prepare for, and respond during, an active shooter event.

DHS also suggests that an effective Emergency Action Plan contains each of the following:

  • A preferred method for reporting fires and other emergencies.
  • An evacuation policy and procedure.
  • Emergency escape procedures and route assignments (i.e., floor plans, safe areas).
  • Contact information for, and responsibilities of individuals to be contacted under the EAP.
  • Information concerning local area hospitals (i.e., name, telephone number, and distance from your location).
  • An emergency notification system.

I hope this is an issue your never business never has to confront. If you must, however, never has the proverb “an ounce of prevention is worth a pound of cure” been more apt.

Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment below or email editors@workforce.com. Follow Hyman’s blog at Workforce.com/PracticalEmployer.