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Workplace Violence (PER-10, Rev. 6) CITY OF DELRAY BEACH °► ADMINISTRATIVE POLICIES AND PROCEDURES "4> 3 DEPARTMENT: Human Resources POLICY NUMBER: PER-10 SUBJECT: Workplace Violence SUPERSEDES: Rev. 5 REVISION: EFFECTIVE DATE: Jp/D fi / APPROVED BY: Terrence R. Moore, ICMA-CM, Ci Manager PURPOSE This policy applies to all City employees, customers, vendors and general public and is intended to guide employees, supervisors and department heads in preventing and dealing with violent or potentially violent situations in and around the workplace. The City of Delray Beach has a zero tolerance for threats or acts of violence. No violence, talk of violence or joking about violence will be tolerated. Maintaining a productive and safe work environment while managing critical workplace incidents, particularly those dealing with actual or potential violence, is a top organizational priority. Violent behavior, the threat of violent behavior or instigation of violent behavior, has no place in any work area. DEFINITIONS Specific examples of conduct that may be considered threats or acts of violence prohibited under this policy include, but are not limited to, the following: • Threats or acts of violence include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the conditions or state of employment, or to create a hostile, abusive, or intimidating work environment for one or more employees. • Hitting or shoving an individual; • Threatening to harm an individual or his/her family, friends, associates, or their property; • The intentional destruction or threat of destruction of personal property of others or property owned, operated, or controlled by the City; • Making harassing or threatening telephone calls,or sending harassing or threatening letters or other forms of written or electronic communications; • The willful, malicious and repeated following of another person, also known as "stalking," and making of a credible threat with intent to place the other person in reasonable fear for his or her safety; • Intimidating or attempting to coerce an employee to do wrongful acts, as defined by applicable law, administrative rule, policy, or work rule that would affect the business interests of City; • Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate," without regard to the location where such suggestion or intimation occurs; • Use or unauthorized possession of firearms, weapons, or any other dangerous devices; L Workplace Violence PER-10 Rev. 6 Page 2 of 4 • Conduct that includes repeated verbal abuse and intimidation, profanity, or unwanted sexual comments or overtures directed at subordinates, supervisors, co-workers, or customers, while not overtly physical or violent, may be prohibited under this policy. POLICY A. All employees should be alerted to and aware of inappropriate conduct that may constitute indicators or warning signs of an individual's potential for violence. Such behavior should be monitored, documented and reported: 1. Warning Signs, Symptoms and Risk Factors of Potential Violence • Hinting about knowledge of weaponry, martial arts, or other means and manner of causing physical harm; • Verbalizing violent fantasies or identifying, literally or metaphorically, with violent individuals or events; • Possessing/displaying books, games or other media with themes of violence, revenge and harassment; • Exhibiting, verbally or physically, excessive bitterness, intense anger, lack of empathy, social dysfunction, romantic obsession, morose depression or emotional isolation, including inappropriate physical manifestations such as hard breathing, flushed complexion, menacing expressions, or rapid, profane speech. B. With the exception of the City of Delray Beach Police Officers acting in the line of duty, employees exhibiting, using or threatening to use a deadly weapon, including but not limited to all firearms, is not permitted at the workplace. 1. The workplace is defined as any location, either permanent or temporary, where an employee performs any work-related duty. This includes, but is not limited to, City buildings and surrounding perimeters, including parking lots, City vehicles,field locations, and traveling to and from work assignments. Unauthorized exhibition or use of firearms in any workplace location as noted above is grounds for termination. C. If employee holds a valid Concealed Weapon or Firearm License for the State of Florida, or any other state, said weapon or firearm may be permitted at the workplace so long as it stays locked inside the employee's motor vehicle at all times. With the exception of Police Officers, it is violation of this policy for any employee to keep a weapon or firearm inside a City-owned or City-leased vehicle at any time. D. Employees with knowledge of any employee(s) planning to act out violent behavior in the workplace must immediately report this information to their supervisor and/or Human Resources Department. Failure to report this information will result in disciplinary action, up to and including termination. E. Employees can report knowledge of this behavior anonymously. No employee acting in good faith, who reports real or implied violent behavior, will be subject to retaliation or harassment based upon their report. F. Deliberately false or malicious reports violate this policy and subject the person making such a report to possible disciplinary action, up to and including termination. Workplace Violence PER-10 Rev. 6 Page 3 of 4 G. Outside individuals can contribute to workplace threats or violence. An employee who has p Y knowledge that their circumstances at home could present a threat to the workplace has a responsibility to report such information to Human Resources. No disciplinary action or retaliation will be taken as a result of reporting possible outside or domestic threats. Human Resources is committed to providing guidance and assistance to such individuals. H. The Employee Assistance Program (EAP) is available at no charge for all employees as well as anyone in their household, to obtain help in dealing with workplace and/or personal problems. Employees and managers can contact Human Resources and recommend an EAP referral for another employee they believe to be in need. The EAP provides access to licensed counselor trained various aspects of mental and emotional health. Employees who fail to abide by this policy will be subject to serious disciplinary action up to and including termination as well as potential legal action. PROCEDURES The following steps should be taken when any supervisor, manager or employee observes an act of violence or potential violence at work: A. Immediate emergency situations: Call 911 1. As with any other emergency involving fire, violence, or medical incidents, the first action is to call 911 and report as many details as possible so that the appropriate emergency response units can be dispatched. 2. Next step—contact any or all of the following: • Your immediate supervisor • Your division/department head - If determined that a threat has been made or is planned, the department head will contact the Police Department's Shift Commander to generate the employee's Photo I.D. and e-mail an "alert" message to the users, supervisors and administrative personnel using the City's email system. • The Human Resources Department The Human Resources Director is the Workplace Critical Incident Coordinator. The Human Resources Director or designee may be contacted at any time and will ensure that resources such as the Employee Assistance Program, labor relations, risk management, City Attorney, and others as needed are coordinated in their support and response. 4. Other steps following a critical incident at work will flow from this initial contact including written incident reports, disciplinary action and help from the Employee Assistance Program for employees involved in or witnessing a serious incident. 5. In addition to the above noted threat situation, the City Manager, Assistant City Manager, Human Resources Director, City Attorney or other Department Head can request the Police Department Shift Commander to distribute a photo I.D. if they feel the situation warrants such as prior to a termination or other disciplinary action. Workplace Violence PER-10 Rev. 6 Page 4 of 4 B. Non-emergency situations 1. Consistent with personal safety, supervisors or managers have a responsibility to make a good faith effort to defuse conflicts as quickly as possible in order to prevent their escalation and creating a threat to others. It is understood that the actions of a supervisor or other employee will be dependent on the seriousness of the situation and the nature of an altercation. If there are any concerns for safety, the supervisor should call 911 for police presence. 2. The following steps should be taken where applicable or feasible and consistent with personal safety: a. DO NOT engage those involved in the conflict physically, but verbally command them to separate. If the people involved refuse to separate, call 911 and follow the steps previously described as immediate emergency situations. b. Contact the appropriate division/department head and the Human Resources Director. c. Once the situation is controlled, Human Resources will conduct an investigation into the incident in conjunction with the Department Head and Police Department representative if appropriate. If the Department Head and/or Human Resources Director determine that the presence on the worksite of the employee(s) involved in the conflict would not be safe or appropriate while an investigation is in process, the employee(s) may be placed on administrative leave with or without pay and ordered not to return to the worksite until further advised.Administrative Leave must be approved by the Human Resources Director and the City Manager. PER 10.4 - Legal Actions: This Policy does not infringe on an employee's rights to pursue criminal or civil charges associated to another employee's actions.