1. PREVENTING AND MANAGING WORKPLACE VIOLENCE WMMIC MEET july 2016
Jennifer S. Walther
Mawicke & Goisman, S.C.
1509 N. Prospect Ave
Milwaukee, WI 53202
(414)
© Mawicke & Goisman, S.C. 2016

2. WORKPLACE VIOLENCE
How does this….
Become this?

3. Strategies for Prevention Dealing with the Aftermath
WORKPLACE VIOLENCE
The Problem
Liability
Strategies for Prevention
Dealing with the Aftermath

4. THE PROBLEM Prevalence in Public Sector
Rate of workplace violence more than 3x private sector
All types = 18 v 5.2/1000
Simple assault = 18.9 v 4.6/1000
Serious violence = 3.4 v 1.6/1000
41% of all nonfatal violence, only 16% of workforce
96% against state, county, local workers (81% of workforce)
56% against law enforcement and security
20% of victims of workplace homicide
Less likely to involve weapon (12% v 20%)

5. THE PROBLEM Prevalence in Public Sector
OCCUPATION
RATE/1000
% OF ALL GOV EMPLOYEES
Law enforcement/Security
140.3
8.9
Mental Health
87.1
2.0
Retail Sales
36.3
0.4
Medical
22.6
6.5
Transportation
21.8
3.1
Teaching
9.4
33.5
Other
5.8
45.6

6. THE PROBLEM Contributing Factors in Public Sector
Working directly with the public
Having a mobile workplace (in the field)
Working with unstable or violent persons (incarcerated, mental health, social services populations)
Working in high crime areas
Working in community-based settings

7. THE PROBLEM Top Motivations for Violence
Personality conflict (51%)
Emotional problems/mental illness
Family/marital/personal relationship problems
Terminations
Work-related stress
Drug/alcohol use

8. THE PROBLEM Categories of Violence
Type I – strangers to the workplace
Type II – customers or clients of the business
Type III – employees against coworkers
Type IV – non-employee with a personal or domestic relationship with a worker

9. THE PROBLEM Types of Incidents
Verbal threats
Pushing/shoving
Fistfight
Stalking
Burglary/robbery
Suicide
Bomb threat
Rape/sexual assault
Shooting
Stabbing
Fatal assault

10. LIABILITY Safe Workplace/Premises
Wis. Stat. § – Public employee safety and health
Gives public employees same protections as OSHA
OSHA general duty clause – recognized hazards may include violence
Wis. Stat. §
Employer has duty to furnish safe employment and safe place of employment

11. LIABILITY Worker’s Compensation
Exclusive remedy
Employee against employer
For accidents
Not subject to exclusivity:
Actions against co-employees for assault
Intentional acts, i.e. harassment
Third party claims
Increased penalty for safety violation

12. LIABILITY Negligence
Wis. Stat. § – immunity for discretionary acts
Hiring, supervision, retention, considered discretionary acts
Referral (failure to tell truth or disclose relevant facts) - Not decided whether discretionary
Reference immunity law – §
Open records request for personnel files – prior notice required §19.35

13. LIABILITY Constitutional Issues
Constitutional Tort - §1983
Government policy, custom or practice
Caused deprivation of federal or constitutional right
Public employee is representative of public employer when engaged in violent or unlawful conduct
Did official turn a blind eye to risk

14. STRATEGIES FOR PREVENTION
Identify
Assess
Policies and Programs
Discipline

15. STRATEGIES FOR PREVENTION Identify
Hiring
Application
Interview
Background searches
Job Tests
Medical
Personality
Drug & Alcohol

16. STRATEGIES FOR PREVENTION Assess
Threat Assessment Team
Assess workplace vulnerability
Develop employee training
Assess credibility of threats
Develop plan to respond to threats
Fitness for Duty exams
Component of threat assessment

17. STRATEGIES FOR PREVENTION Assess
Site Security Assessment
Physical security features
Security personnel
Security policies

18. STRATEGIES FOR PREVENTION Policies and Programs
Violence
Weapons
Wisconsin’s concealed carry law
Workplace searches
Telephone, , and computer usage
Drug and alcohol testing
Domestic violence

19. STRATEGIES FOR PREVENTION Policies and Programs
Employee Training
Violence prevention policy
Risk factors
Recognition of warning signs
Including domestic violence
Reporting
Emergency procedures

20. STRATEGIES FOR PREVENTION Policies and Programs
EAPs
Conflict and Alternative Dispute Resolution
Partner with law enforcement
The role of Unions

21. STRATEGIES FOR PREVENTION Discipline Constitutional Protections
Due Process
Property (continued employment)
Liberty (freedom from stigma)
First Amendment
Speech
Association

22. STRATEGIES FOR PREVENTION Discipline Off Duty Conduct
Arrest and Conviction Record law – §
Substantially related to circumstances of job
Independent investigation
Nexus Test – connection between off-duty conduct and its impact on employer and workplace
Position of public trust
Teachers
Public safety employees

23. STRATEGIES FOR PREVENTION Discipline Terminations
Consider risk before discussion
Involve security/police if necessary
Pick place/time to reduce employee contact
Have 2 people present
Follow checklist
Treat employee with dignity and respect
Send employee’s belongings later
Cut off access to computers/building

24. DEALING WITH THE AFTERMATH Prepare Plan in Advance
Identify crisis communication team
Designate spokesperson
Establish notification system
Designate assembly point
Establish media policies and PR plan
Prepare holding statement
Create a shadow website

25. DEALING WITH THE AFTERMATH Implement Plan
Account for employees
Determine the message
Tell it all, tell it fast, tell the truth
Communicate the message
Monitor communications
Retain or refer employees to counselors
Restore relationships
After action report

26. QUESTIONS? Jennifer S. Walther Mawicke & Goisman, S.C.
1509 N. Prospect Avenue
Milwaukee, Wisconsin 53202
(414)