Preventing Workplace Violence
We have all seen the dramatic headlines…

"Seven Killed in Boston Area Office Shooting"
"Gunman kills 7 in Honolulu office of Xerox
"Gunman in Atlanta rampage kills himself; 12 dead, 12 injured"

Is any workplace safe anymore?
What can you do to protect your employees from workplace violence?
The better question is: How can I help prevent workplace violence?

Under Section 2 of the Health and Safety at Work Act of 1974 (HSWA), all employers have a legal duty to ensure the health, safety and welfare of their employees. This duty includes risks arising from Work Related Violence. Employers should manage Work Related Violence in the same way as any other health and safety issue.

One Employer’s Nightmare
A California law firm experienced a lawsuit involving their employees. The firm hired a female employee who suffered from non-performance issues during her first 30 days on the job. As the weeks passed, the non-performance worsened. The female employee blamed her non-performance on her supervisors whom she claimed "picked on her and held her more accountable" because of her lifestyle. Her employment was eventually terminated because her work product was consistently substandard and her coworkers were tasked with picking up her slack.

During the termination meeting, the female employee became enraged. She yelled obscenities at the human resources manager, who immediately summoned security. As she was being escorted out of the workplace, she threatened she kill her supervisors. The firm reported the threats to the police, who recommended that the firm obtain a restraining order. During the process of obtaining the restraining order, the firm performed a background check on the female employee. The firm discovered, to their dismay that the employee's previous employer was forced to get a restraining order because she had threatened her supervisor at that place of employment. A simple background check may have saved the law firm a considerable amount of time and money.

Valuable Investigative Process
This firm learned a valuable lesson about pre-employment screening and background investigations. This incident may have been avoided had the firm invested in a formal background search and gathered more data during the pre-employment/application process. Blamers and complainers tend to make trouble wherever they work, so employers must learn as much about an applicant prior to extending an offer of employment. There are a number of other tools to consider:

1. Review the applicant's resume, references, work history, and employment application.
2. Conduct pre-employment interviews, physicals and drug tests.

The Interview Process
This is the most substantial source of information about an applicant in which "red flags" may fly. Pay specific attention to and evaluate an applicant in the following areas:

• Disposition, demeanor, and emotional state.
• Level of interaction, candor and forthrightness.
• Body language and eye contact.
• Negative comments made about prior employers.

Obtaining Pre-employment Information
The following items should always be investigated and professionally verified:

• The applicant's identity
• Education
• Previous Employment
• Professional certifications and licenses
• Driver's license
• Professional References

Commonly requested background information includes:

• Criminal court records reflecting misdemeanors and felonies. Applicants with a history of criminal prosecutions involving violent behavior increase the risk that the applicant may engage in violent behavior during the course of employment with your company.
  
• Civil court records provide information on the applicant's litigation history involving claims of trespassing, stalking, assault and battery, negligence, and infliction of emotional distress. Divorce proceedings may provide information on verbal/physical threats, intimidation, child abuse, and the need for restraining orders from either family or criminal courts.
  
• Credit records may be obtained for financial data, fiscal irresponsibility, long-term problems with creditors, or bankruptcies. This is particularly important for positions with fiduciary responsibilities such as accounting professionals or corporate officers.

Obtain Legal Input
Regardless of the method of pre-employment screening, it is important that legal input and review be provided by employment counsel before the policy/program is implemented or modified. Knowledge of state and federal laws and regulations, including the Fair Credit and Reporting Act (FCRA), the American with Disabilities Act (ADA), and the rules and regulations of the Federal Trade Commission (FTC) and the Equal Employment Opportunities Commission (EEOC) are essential, and may help prevent mistakes that could lead to litigation and/or significant monetary loss.

Our World Today…Face it.
Twenty years ago, we didn’t read the headlines we read today. The numerous acts of workplace violence reported on a weekly basis have put us all on alert. For over a decade now, employers have been developing and implementing workplace violence prevention programs. Many of these programs appear to be working, and in some instances there has been a decline in violence.

From 1993 to 2002, the number of workplace homicides has dropped from 1074 to 609. Effective pre-employment screening programs have helped bring about this change.

We can Help you!
Employers Group has recently added onsite employment counsel and HR Generalists who can assist your company with establishing

• Best Employment Practices,
• Confidential background investigations,
• Legal and effective New Hire Documentation,
• Zero-Tolerance Workplace Violence Policies as well as Health and Safety

Training to teach supervisors how to recognize the makings of a violent worker.
Call us at (800) 748-8484 and ask for a Professional Services Manager to learn how we can help your organization become a safer one! You may also email lhollis@employersgroup.com.

Emergency Action Plans

Q: Who has to have an emergency action plan?
A: All employers face potential emergencies due to fire, earthquake, extreme weather or civil disturbance. California and federal law require that all employers have an emergency action plan. Employers with more than 10 employees must have a written plan and make it available for employees to read. Employers with 10 or fewer employees may communicate their plan orally and need not maintain a written plan. Hazardous waste disposal sites and sites where hazardous substances have been or may be released need additional specialized plans to deal with emergencies involving hazardous substances.

Q: What must be included in an emergency action plan?
A: Emergency action plans must have an alarm system to alert employees when there is an emergency. Escape routes must be identified and evacuation plans established. Procedures must be developed for employees who will assist in the evacuations, perform rescues or first aid, or remain to operate critical operations before they evacuate. There must be a way to account for all employees after emergency evacuation has been completed. Employees must be trained and know what their responsibilities will be in an emergency. Training must be conducted when the plan is developed, whenever the employee's responsibilities change or whenever the plan changes.

Is your Workplace Secure?
Here’s a book that can help you make sure it is.

International terrorism is not the only security concern facing America these days. USA Today reports that every week one person is killed and 25 are seriously injured due to violent outbreaks on the job. Employer’s lax attitude towards workplace violence can leave many at risk. Emergencies can arise in the form of terrorism, workplace violence, identity theft or breaches of information security.

With all this uncertainty about workplace security facing employers today many HR managers may feel they have no resources to guide them through this maze of potential liability. Happily, Employers Group has an answer to your workplace security dilemma.

Learn What Employers Can Do
In his book Employer's Guide to Workplace Security and Violence Prevention, 4th Edition, well-known employment law attorney Richard J. Simmons details a practical and useful review of the laws in the field of workplace security and violence prevention.

In addition, he reviews the obligations of employers and the concerns that every workplace now faces. This must-have manual addresses: CAL-OSHA rules, applicant screening techniques, new rules and forms for TRO's, and the workplace violence safety act. In addition it also covers:

• High-Risk Occupations
• Special Health-Care Guidelines
• Mandatory Changes to IIP Plans
• ADA Issues
• Negligent Hiring and Retention
• Confidentiality Concerns
• Statistical Insights
• Violence Prevention Strategies
• Complaint Procedures
• Duty to Warn
• Sample Forms and Policies
• Sample IIP Program

Unquestionably a must have for any complete HR library, this book and many others by Mr. Simmons are available through the EG Store at discounted member rates. For more information you may call our Member Service Center at 800-748-8484 and select option #3 to speak to a representative.

Technology Helps OSHA Tracking and Compliance

Do you need an easier way to track OSHA in your workplace? How do you keep track of all of the pieces of information regarding the place and time of an incident, what type of injury, how was it treated, what was the cost in terms of lost time and dollars, is there any follow-up required? Are you currently keeping all of this data that needs to be tracked on a paper log, or in excel? What about those reports you need to file? What if you could do them with a push of a button?

These are just some of the issues you could address with an HRMS system that includes OSHA tracking. A full HRMS system will help you track incidents, their cost, time missed from work, the resolution of the incident and if there was a resulting worker’s comp claim associated with the incident. Just imagine having all of this data, available with a click of your mouse, in one easy accessible location.

If you would like Employers Group to help you solve your OSHA tracking issues, of if you are looking for a comprehensive HRMS system that will help you manage all of your employee data, call or e-mail Joyce Weldon at 213.765.3999 or jweldon@employersgroup.com.

Do you Want More out of your Workers’ Compensation Program?

Often companies and their employees experience a time of frustration and confusion when an employee files a Workers’ Compensation Claim. It’s this frustration and confusion for both employer and employee that typically accompanies a “critical incident”, and may lead to longer periods of recovery for the employees, and delays in resolving claims, and ultimately increasing financials exposures to your business.
Costs are high enough without adding to them, when a simple solution in available to any business to help gain better control of what is essentially a traumatic event for everyone.

One solution is just a phone call away.
By teaming your Workers ’ Compensation program with the use of Critical Incident Stress Debriefings (CISD), you can begin to provide insight into the confusion and frustration employees often feel in understanding the language of this complicated system. Just as importantly, you can proactively manage against losses that are controllable, while preserving your” bottom-line”.

What is a Critical Incident?
A Critical Incident is defined here as a workplace event which is extraordinary in nature with the expectation of producing significant reactions on the part of victims or those either directly or indirectly impacted. Who can be affected? Witnesses, employees, colleagues, clients and/or family members all can be affected and can create risk.

Typical examples include:

• Sudden Death of Employee (on the job or off)
• Robberies
• Auto Accidents
• Customer Illness (e.g. heart attack in lobby, etc.)
• Severe or Prolonged Illness of Employee (e.g. Cancer, AIDS, etc.)

What is a Critical Incident Debriefing?
A specific structure and network of questions posed to those exposed to or involved in a critical incident. The main purpose is to take the active memories of the event and store them into long term memory, to help bring “closure” to the incident. Until closure is reached, the mind continues to run a memory track of the event in hopes of making the incident make sense and be logical, making those affected less productive and attentive because the continuous distraction.

Critical Incident Debriefings should occur no earlier than 24 hours and no later than 72 hours after the incident. Not all situations or persons need a debriefing, but for those persons who have anger issues emerge, begin to not sleep, or have difficulty in focusing attention at work, a debriefing may prevent additional incidents that would result in potential losses.

How Employers Group can help you…
Our specially trained Critical Incidents De-Briefers can effectively and confidentially do the following:

• Support the goal of achieving as early a return to work date as possible, that is beneficial to both employee and employer;
• Verify that the employee is attending their required appointments;
• Validate an employee’s fitness for duty prior to their return to work;
• Partner with Workers’ Compensation on your behalf, to identify cases that may potentially involve fraud.

For more information on this or other professional services, please contact your Professional Services Manager when you call us at (800) 748-8484, or send an email to lhollis@employersgroup.com.

Current Edition of the HR Practices and Benefits Survey is being Conducted NOW

The June edition of the 2005 HR Practices and Benefits Survey includes areas benchmarked in compensation, benefits, employee relations, and staffing. HR executives have found that benchmarking gives them valuable information that can assist their organizations’ decision-making process.

As part of our efforts to help you obtain data so you may benchmark your HR operations, we invite your input into one of the following surveys:

Survey 1 – Profit Sharing & Pay Practices

• Profit Sharing Plans – Plan Details and Practices
• Shift Differential – Second Shift & Third Shift
• Severance Plans – Features and Administration
• On Call Pay (“Standby Time”)

Survey 2 – Sick Leave Policies & Expense Reimbursement Practices

• Sick Leave Policies – Plan Details and Practices
• Mileage Reimbursement, Automobile
• Employee Educational Assistance
• Relocation Policies for Transferring Employees and New Hires

Survey 3 – Time-Off Policies & Group Term Life Insurance

• Group Term Life Insurance – Plan Details and Practices
• Bereavement / Funeral Leave
• Personal Leave of Absence
• Jury Duty Pay & Witness Pay

Participate and Get all Three Surveys FREE!!!

You only need to participate in one of the three surveys listed above. If you do, you’ll receive survey results for all three surveys at no cost; this service is part of your membership with Employers Group. The deadline has been extended from July 18th to July 25th.

Participate Today

To participate click the link above or contact Salvador Curiel to receive an electronic copy of the survey to print. If you have any questions about this questionnaire or any other EG Research Service, please call (213) 765-3925 or email at surveys@employersgroup.com.