Social Worker Safety

Social Worker Safety VML Insurance Programs Thomas Bullock, III Law Enforcement Specialist

Discussion points What does Virginia law say about guns in the workplace? Vicarious liability Examine the “complete” picture of Workplace Violence Prevention strategies Questions

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies. Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties

Vicarious Liability Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment

If You Are So Inclined 1. Draft an ordinance/policy that must be adopted by town council that allows employees to carry a firearm while on duty; 2. The new ordinance would prohibit only “unlawful possession of a firearm,” but would also require employees carrying guns to respect the requests of private property and business owners; 3. Workers must fill out an application and provide a copy of their concealed weapons permit if they have one. They should also complete annual gun safety classes that also talk about the legal use of deadly force in self-defense; and 4. All applications should be reviewed by the town manager, human resources and the chief of police.

Incident Planning Consider developing a plan to address emergencies that might arise if a problem develops. Consider what would happen if an employee or outsider were to brandish a weapon at work. Worse yet, what will you do if there is an actual shooting?

Incident Planning How will you communicate with employees in an emergency? Who is responsible for calling police or rescue personnel? What services does your employee assistance plan offer? Who will determine and handle any mandatory notifications to OSHA? Who will be in charge of relations with the media?

How To Deal With Volatile Situations Before They Become Violent Situations 4/7/2019

“Types” or Classes of WPV OSHA divides Workplace Violence into three distinct categories. Determining the correct type of potential or actual Workplace Violence can sharpen the focus of the investigation or prevention effort.

Type I Workplace Violence – Stranger Violence The offender has no legitimate relationship to the workplace or victim and enters the workplace to commit a criminal act (robbery, theft, truck or aircraft hi jacking). Usual victims are late night retail, restaurants, convenience stores, gas stations, taxi drivers etc. 60% of all Workplace Violence Homicides are Type I

Type II Workplace Violence – Customer/ Client The person who commits the act of workplace violence is either the recipient or object of service provided by the affected workplace or victim (current or former client, patient, customer, welfare or social service recipient, criminal suspect or prisoner. 30% of all WPV homicides are Type II

Type III Workplace Violence – Employee Violence Term “employee” can include temporaries and sub contractors located within the affected workplace. Also included are domestic violence incidents which “travel” into the workplace. Type III incidents involve and act of WPV by current or former employee, manager or executive. Incidents may be committed by a current or former lover, spouse, significant other, relative or friend or some other person who has a dispute with an employee in the workplace. 10% of all WPV homicides are Type III

Self Assessment Knowing “Types” of Workplace Violence gives managers and others charged with resource management direction into assessing their own “Risk & Vulnerability.”

4/7/2019

Definition of Workplace Violence Violent acts, including physical assaults and threats of assault, directed towards persons at work or on duty.

Is This Workplace Violence?

Who’s Responsible for a “Safe” Workplace ? While different positions in every organization have different duties and areas of control, according to OSHA and the Department of Agriculture – a safe workplace is: Everyone's Responsibility

Types of Violence Beatings Stabbings Suicides Shootings Near Suicides Being followed, sworn, or shouted at Threats or obscene phone calls Intimidation Harassment of any nature Rapes Psychological traumas

Types of Workplace Violence Violence by Strangers Customers or clients Co-workers Personal relations

Risk Factors Interacting with the Public Exchanging Money Delivering Services or Goods Working Late at Night or Early in the Morning Working Alone Guarding Valuables or Property

Risk Factors (cont.) Dealing with Violent People or Volatile Situations Mobile Workplace (taxicab or police cruiser) Working in High Crime Areas Working in Community-Based Settings

Risk Factors (cont.) Prevalence of Weapons Increasing Number of Acute and Chronically Mentally Ill Patients Being Released From Hospitals Without Follow-up Care Availability of Drugs or Money at Healthcare Facilities - Likely Robbery Target

Risk Factors (cont.) Highly stressed workforce “Imminent reorganization” Chronic labor/management disputes Excessive number of grievances Excessive number of workers’ compensation claims Authoritarian management approach Lack of policies, procedures

Sources of Violence Criminal activity Customer, client, patient, or persons associated with employee Co-worker, ex-employee or domestic partner of co-worker

Prevention Strategies for Minimizing Risk Cash Handling Policies Physical Separation of Workers from Customers Good Lighting Security Devices Escort Services Employee Training

Security Devices Closed-Circuit Cameras Alarms Two-Way Mirrors Card-Key Access Systems Panic-bar Doors, Locked from the Outside Trouble Lights or Alarms - Indicate a Need For Assistance

Long-term Issues to Address Violence Education Poverty Environmental Justice

Meanwhile… Develop Policies and Procedures to Track Threats and Assess Threats Establish a Zero Tolerance Policy of Any Violent Acts Provide a Method to Report Incidents

Recommendations Written Violence Prevention Program Management commitment and employee involvement Written program elements

Other Recommendations Worksite Analysis Analyze past experiences Investigate incidents Audit workplace safety and security

OSHA Suggests… Training and Education General awareness for all employees specialized training for supervisors, security, and high risk employees Recordkeeping & Program Evaluation Recordkeeping Quality assurance strategies

Policy Development: Special Issues Security vs. Open-Door Policies Pre-Employment Screening or Testing Employee Understanding of Concealed Weapon Laws Privacy Issues domestic relationships mental status (depression, suicidal, etc.) Employer’s Duty to Protect Worker

Develop Systems for: Documenting Incidents Procedures to Follow in the Event of an Incident Open Communication Between Employees and Employers

Early Warning Signs Highly stressed individual Negative and recent change in behavior Frequent disputes with supervisor Routine violation of organization’s policies Increased absenteeism Obsessive behavior

Early Warning Signs (cont.) Substance abuse Depression/suicidal Isolation from others Emotional outburst out of the ordinary Verbal threats or threatening body language *One or two of these do not necessarily indicate early warning of violence*

For the Control of Violence Set up a multi-disciplinary “violence control” team Perform a needs assessment Evaluate policy and procedure Develop emergency plans Train staff to appropriate level & drill Set up “early warning” system Test the system and adjust

Anxiety-free Reporting System Educate employees regarding the need for a system Have employees tell you what they need to make a system work Train employees in the details of the system

Prevention

Prevention Techniques Remove yourself from violent situations Always be aware of your surroundings! As much physical separation as possible Maintain visibility Proper lighting Report outside threats

Commitment to safety 4/7/2019

The Goal Of This Course Is To Keep Employees Alive The End 4/7/2019

Questions?? tbullock@vmlins.org