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Employers have a variety of legally required rules they must follow as well as policies and procedures they can implement to prevent and deal with violence in the workplace.
Violence in the workplace is an issue that most small business owners will not have to deal with. However, the reality is that workplace violence is an increasing problem, and employers should be aware of what they can do to prevent it, as well as the various legal responsibilities and restrictions imposed on them.
The best approach to handling violence in the workplace is to prevent it. To curtail violence among employees in your business, take the following steps:
Several states have enacted laws that specifically apply to employers and violence in the workplace. Two of the main areas covered by these laws are the carrying of concealed weapons and the duty to retreat from deadly force. Alaska, Florida, Kansas, Kentucky, Maryland, Mississippi, Ohio, Oklahoma, South Carolina and Tennessee are among the states that have enacted laws that specify what employers can do regarding restricting weapons--typically guns--in their place of business.
Most of the states that have laws that specifically apply to employers allow employers to prohibit the possession of certain weapons on their private property if notice is posted or if consent is obtained. Some of these state laws have an exception for weapons in vehicles in parking lots whether they are public lots or private property owned by the employer.
Under general legal principles, an individual attacked in his or her home can use reasonable force, which may include deadly force, to protect his or her own or another persons life and has no duty to retreat to avoid doing so. This legal doctrine can also apply to the workplace if the law states that there is no duty to retreat if the self-defense takes place in any place where the person has the right to be, which includes the workplace by inference.
Several states have laws in place that specifically state that a person in the workplace can use reasonable force, which may include deadly force, to protect his or her own or another person's life and has no duty to retreat to avoid doing so.
Creating a Workplace Violence Policy
Part of your plan to prevent violence in your workplace should be to have a written policy that explains in simple but clear terms your stance on fighting or any violent behavior in the workplace.
You can draft a separate policy to address fighting and workplace violence or you can use several other policies you might have to cover those kinds of situations.
For example, if you have an inappropriate conduct policy (or a statement in your general work rules) that lists specific prohibited behavior, be sure that fighting is one of the behaviors mentioned.
You might also have a harassment policy. If so, make sure that fighting is included in and prohibited by your harassment policy.
Communicate your policy. Wherever and however you decide to address the issue of fighting, make sure that disciplinary procedures are clearly communicated to employees so that there won't be any question as to what will happen if they violate policy.
Example of XYZ Company
You are expected as an employee of XYZ Corporation, to refrain from inappropriate conduct. You are encouraged to exhibit a professional demeanor during working hours. In addition, the following conduct is specifically prohibited:
stealing
fighting
sleeping on the job
excessive absenteeism or tardiness
use or possession of illegal drugs
drunkenness
insubordination
harassment
dissemination of confidential information
violation of safety rules
possessing weapons on company premises
misrepresenting employment records
Conduct in violation of the above-listed prohibitions will subject you to disciplinary procedures.
Warning Signs of a Violent Employee
In many cases, there are early warning signs of a potentially violent employee that are not communicated to the people who could take action or that are not taken as seriously as they should be. Generally speaking, employee behaviors that may be warnings include:
One of the perceived barriers in screening out individuals who may be violent in the workplace is the protection guaranteed by the Americans With Disabilities Act (ADA). The following illustration shows how an employer can hire intelligently while not violating the ADA.
Preventing and Handling Workplace Violence
Whether a situation is merely two employees arguing in the office or an actual violent confrontation, you must take steps to curtail these situations when they arise. Fighting among employees disrupts productivity and may hurt employee morale, depending upon the way you handle the situation.
Employee morale isn't the only thing that might get hurt if fighting occurs in the workplace! Employees themselves can get hurt and you may end up dealing with workers' compensation claims. If an employee exhibits violent behavior in the course of his or her job and hurts another worker or a customer, you may have legal troubles involving negligent hiring or retention claims.
Planning for the Worst
If a violent incident occurs in your workplace, you'll have to act quickly and calmly. You'll have to make immediate decisions; help victims, family, and other employees; and, possibly, deal with the press. You'll have to respond to and manage the incident safely and effectively; protect the physical safety and emotional well-being of victims, employees, and other persons; prevent or minimize injury, damage and disruption; and return to normal as soon as possible. This can go smoothly only if it is planned in detail well in advance.
The first thing to do is summon help from the authorities. After that, assist the "survivors" and return the workplace to normal.
Remember, you must provide leadership for planning and preparation, both during the emergency and for recovery efforts.
Handling the press. If the incident involves a fatality or is otherwise unusual in your area, you will most likely be contacted by the press. You must be prepared to handle their inquiries and provide accurate information.
It's a good idea to think about how you would handle the press in such a situation. To be prepared, the plan should include:
You don't control them. Only when the fights become dysfunctional, you counsel the employees.
When employees fight, everyone suffers. Even those employees who aren’t involved are caught up in the negative atmosphere, and that negativity can affect productivity and morale. Although you can’t prevent every argument, you can take steps to reduce arguing and bickering and make your office a more pleasant place.
Arguments tend to occur because employees don’t know what’s expected of them or they believe they’re being asked to perform tasks that aren’t part of their jobs. Avoid these types of problems by making roles and expectations clear. Meet with each employee to clarify the goals and tasks he’s expected to handle. At the start of a group project, spend a few minutes explaining the responsibilities of each team member and the project goals. Ask employees to speak to you if they have any concerns about assigned tasks. If an employee knows what tasks are his responsibilities, he’s less likely to get into an argument with a coworker over territory.
When it’s obvious that your employees aren’t going to solve the problem themselves, step in to defuse the argument. Sometimes all that’s needed is an impartial third party who can objectively examine the issues and help employees understand the other person’s point of view. The "Harvard Business Review" points out that workplace arguments can lead to lingering resentment, which, in turn, can cause future arguments. When you stop arguments before the participants are overcome with anger, you’ll have a much better chance of calmly resolving the problem and getting everyone back to work quickly.
Employees should be mature enough to work with others, despite differences in opinions or personalities, but that doesn’t always happen. If your two best performers don’t get along, don’t put them in situations that you know will end in arguments. Although they will have to work together at times, it’s in everyone’s best interests to keep them separated when possible. It's also a good idea to place their offices or cubicles far apart to limit interaction.
If every day is a battleground in your department, it might be time to train employees in effective communications techniques. Employees might become so accustomed to arguing that they forget how to work together effectively and calmly communicate their needs and concerns. Training, whether held at your office or another location, can teach employees techniques for voicing their concerns in a more positive way. Everyone in the department can benefit from communications training, not just the troublemakers, so make sure you promote it as a positive team-building activity, not a punishment.