Workplace Violence Type 4 - Domestic Abuse

In Vermont, our most frequent type of interpersonal violence, particularly homicide, is domestic violence.  Nationally estimates for reporting of domestic violence range between 15-25% meaning upwards of 75% of domestic violence victims and survivors don’t report incidents of violence to the police.  According to the National Coalition Against Domestic Violence, domestic violence is one of the most chronically underreported crimes. Only 25% of all physical assaults, 20% of all rapes, and 50% of all stalking perpetrated against females by their partners are reported to the police.  (Mic.com, July 2, 2012)  But that doesn’t mean the violence stays in the house.  It can boil over at any time and as we saw in Essex in 2006 when a man went on a shooting rampage at three different locations including an elementary school because of a domestic dispute.  Domestic violence is a risk factor for any workplace, regardless of the state or city. “According to one study, five percent of workplace homicides (that is, about one-third of homicides not associated with a robbery or other “stranger” crime) fall into this category.*” –Workplace Violence, Issues in Response 2002: *University of Iowa Injury Prevention Research Center. Workplace Violence: A Report to the Nation. (Iowa City, Iowa: February 2001) p. 12.

The FBI defines the fourth type of workplace violence as: Violence committed in the workplace by someone who doesn’t work there, but has a personal relationship with an employee—an abusive spouse or domestic partner.  Domestic violence coming into the workplace presents specific hazards that can change the way in which the damage unfolds.  Most often with domestic violence situations the abuser or attacker will try to locate the victim or target of his or her abuse and harm him or her first, and then potentially harm others, him or herself or take some other action.  This is not an absolute, but a general trend.  Some attackers, such as the Essex VT shooter in 2006, harm others in the area if their intended target cannot be found. 

Domestic violence is a pattern of behavior in which one intimate partner uses physical violence, coercion, threats, intimidation, isolation and emotional, sexual or economic abuse to control the other partner in a relationship.* Stalking or other harassing behavior is often an integral part of domestic violence. * American Bar Association Commission on Domestic Violence; A Guide for Employees:

Domestic Violence in the Workplace (Washington, D.C.: 1999) p. 11. – Workplace Violence, 2002.  The nature of this cycle, getting or maintaining power and control through physical violence leads directly to behaviors that create risk in the workplace.  As we identified the vast majority of domestic violence is not reported to police, which makes early seeing warning signs in the workplace both harder and more critical.  It is also critical to have a plan to support employees who are granted relief from abuse orders from the court.  This process needs to be thought out ahead of time.

Workplace signs that someone is in an abusive relationship may include decreased productivity, increased mistakes, frequent absences, frequently being late or leaving early for family or childcare issues, withdrawing, and distraction.  Injuries and attempts to hide or explain injuries may indicate violence or that the level of violence is increasing.  However, most domestic abuse situations start with control and emotional abuse before becoming physical, so don’t rely on visible injuries as an indicator. 

There is an increased risk of violence when a survivor takes action to protect him or herself through actions such as moving out, filing for separation or divorce or a relief from abuse order.  It is important that an employee be able to report concerns of domestic violence to the company to protect that employee, other employees and customers, and the company if the abuser retaliates.  Companies should have a written statement or program for handling relief from abuse or other family court documents and train all employees ahead of time.  Because domestic violence is a cycle, survivors may get court orders or move out, and then those orders get vacated or dropped or the couple tries to reconcile.  This can be a complex and sensitive issue for a workplace to deal with and should be thought out ahead of time.

When a person decides to harm or kill their domestic partner in the workplace, their intent will likely change the flow of the violence from the other types we have talked about.  An abusive partner will likely seek out his or her partner and focus the violence there, or on getting to the intended victim.  After this has been accomplished or if the abuser is not able to accomplish this, the violence may be focused on another target such as a friend, confidant or suspected relationship rival.  The perpetrator may also commit random violence or suicide.

Early warning systems for protection of domestic abuse survivor in a workplace should include a culture of reporting, procedures for watching for the abusive partner (which may include telling some employees about the situation) establishing and practicing lock down drills, ensuring communications to law enforcement and practicing the principles of Avoid, Deny, Defend. 

Inside your workplace take some time to assess exits and avenues of escape to avoid the shooter including actually opening fire exit doors or going out through back areas so you are familiar with them if needed.  If avoiding is not possible think ahead of time of how you would deny the abuser entrance or access to you or your co-workers.  Look at how doors can be locked, which direction they open and if they can be secured either by barricades or being tied shut.  Think about tying the door closers so the door can’t be opened.  Also take into consideration glass windows or doors that won’t offer physical protection.  Remember that cover is a physical object that provides protection from force, such as a wooden door or table.  Concealment such as a window with the blinds drawn will make it harder for the shooter to see a target, but will not actually stop a bullet.

If the shooter gets into your space and you need to defend yourself, defend yourself with any means possible.  Use an improvised weapon, such as spraying the attacker with a fire extinguisher or throwing a lap top computer, and fight for control of the gun or weapon.  Hit sensitive areas such as the eyes, neck or groin and try to keep the muzzle of the gun pointed away from you.  A group of unarmed people can go in a group and overwhelm the attacked by sheer weight.  The odds of survival in a group of people fighting are better than a group that offers no resistance to an armed attacker.

Violence is a scary part of our society, but by learning about it, planning and practicing we can reduce the risks and increase our chances of survival.  Personal security is an individual responsibility.  Plan ahead.

Stay safe.

Workplace Violence Type 3 - Employees or former employees

On February 25, 2016 a man recently served with a restraining order walked into his workplace, a lawn mower factory in Kansas and went on a shooting spree, killing three people. On August 4, 2010 a man being fired from a beverage distributorship in Connecticut fired back with two handguns he had concealed in his lunch bag, killing eight people.  On September 24, 2011 a man killed his boss in a food co-op in Vermont after an employee performance evaluation and on September 24, 2014 a suspended employee beheaded one worker and critically stabbed another at food processing plant in Oklahoma.

There are, unfortunately, many more examples of Type 3 workplace violence, violence committed by an employee or former employee.  There are a variety of special challenges these situations present, but there are also opportunities for prevention and early alerting.  The aftermath of these incidents may also present unique challenges to deal with, which we’ll discuss at another time.

One of the first issues with a coworker turning violent is that person will be familiar with the response plans of the company, making many of the responses that you train on less effective or less safe options.  If your company emergency plan includes a specific gathering area or tactics for example, a worker familiar with these plans will be able to plan his or her attack around these tactics, or to include gathering areas or routes of travel into the plan of attack.  This makes disgruntled employees particularly dangerous.

Another issue with employees becoming violent is access control.  An employee that shows up without prior problems, such as the contractor for the US Navy in the Washington D.C. shipyard in September of 2013, may have full access to the building, even if access control prevents non-employees gaining access.  If a shooter has keys, pin codes, rfi cards or simply knowledge of which buildings are locked and which doors are not locked, he or she poses a higher threat for lethality.  It is critical in the development and training for active shooter response that companies and employees understand the basic considerations for decision making and be able to apply them while under significant stress.

A disgruntled employee may be focused on harming a specific employee or group of employees as revenge or to right some perceived wrong.  The targets may also be random, depending on the intent and mindset of the criminal.  This kind of intent may result in different tactics or movements by the perpetrator, but they will not likely be identifiable at the time, nor is intent likely to lessen the risk of a person between the perpetrator and the focus of his intent.  The problem, at the moment, isn’t why he or she is there to kill you; the problem is that he or she is there to kill you.  That is what you have to respond to.

There are some proactive steps to take when dealing with at risk employees.  The first is developing a culture of reporting concerns within the company.  Interviews after the fact revealed that other employees knew the shooter in the beverage distributorship carried guns at work, but that information had not gotten to the people involved in his disciplinary proceedings.  The idea that every employee is responsible for the safety of the company and is encouraged to bring concerns forward is critical.  The company must also have a process to respond to concerns brought forward in a way that supports both employees and fosters trust within the company.

Inside this environment the company should also encourage recognizing employees whose habits or demeanors have changed, or who are going through substantial life difficulties.  Depression, change in work habits, substance abuse, marital difficulties or job lay-offs are a few or many factors that can lead to violence behavior.  Having an employee assistance program to provide formal services, or at least an informal structure of flexibility and understanding for smaller companies, can help decrease the potential for violence by diffusing employee frustrations.

When disciplinary procedures are necessary, structure the process for safety.  Conduct the proceeding in an area away from other employees, at a time when fewer employees are present, or off-site.  If an employee is being terminated, consider access control ahead of time, either recovering keys or changing or turning off access codes or devices.  Have someone outside the proceeding that will be able to call for help if something goes wrong.

The company should have an established process for following up after an employee has been let go.  Offer information on unemployment services at the time of termination and hold the process on a day and time where the person can go to get assistance right away, to lessen the stress and anxiety.  If there were risk factors that warrant public notice, that notice should be made with consideration to privacy and defamation laws.  Think about these topics ahead of time, rather than trying to make complex decisions on the spot.

If an employee or former employee is engaged in violence at the workplace, realize his or her intent is probably to cause as much harm as possible to either specific people or many people.  When a person has decided to go on a rampage, they have for the most part given up on life and indeed, expect not to survive the incident.  Your response then should be only about survival, rather than trying to reason or calm the person.  As difficult as it may be to think of hurting your coworker, than is exactly what he or she is there to do.

We’ll discuss more specifics for defending yourself in the future.

Stay Safe.

Workplace Violence - Type 2

Since opening the discussion on types of workplace violence last week our country witnessed an attack in Dallas that exemplifies type 2 violence. Type 1, which we talked about last week, is defined as violence committed by a person with no personal connection to the particular workplace. The FBI defines the second category of workplace violence as violence directed at employees by customers, clients, patients, students, inmates or any others for whom the organization provides services. In this case a member of the public attacked members of a police department because of anger toward police officers, although the officers and department attacked were not directly involved in the cause of the attacker’s anger.

This case first gives us a chance to talk about what a workplace is. Before was can make plans for controlling conflict or responding to violence, we need to understand the environment we will be in and the challenges and opportunities in that environment. For many people work is either in an office or in a retail store of some kind. But even the differences between a gas station and a large department store mean differences in safety and response to violence. Offices in small buildings will have different exits and layouts than multi-story commercial buildings. People who work outdoors, utility companies, construction, landscaping and every industry will face unique challenges for their own safety. That being the case, it is important to learn principles and best practices and then figure out how to apply them to your own space.

One of the most common examples of type 2 violence is school shootings. Since 1999 there has been an increasing awareness and in some places a culture of school violence, a trend that continues. Hospitals are another substantial target, and in 2015 a Vermont social worker worker was killed outside her office by the mother of a client family. Banks and mortgage companies have faced violence from customers regarding loss of homes or investments, as have women’s health organizations that provide abortion services. Even churches, of any faith, are not immune to the threat of violence by someone bent on destruction.

Many of these workplaces are open to the public by design or indeed necessity. The business may require employees to go into the field and deal with people, such as utility workers that disconnect services for non-payment. Each company, and in companies with diverse working environments, perhaps each division, must consider the risks of violence and develop their own process for responding to it.

In framing a threat assessment for violence, some overarching questions to provide direction include:
1) What services do we provide that someone may focus on for violence?
2) Do these services put our employees at risk directly or indirectly?
3) Do these services put our customers at risk?
4) What different location or environments do we operate in and what risks are associated with each?
5) Are there methods of monitoring hazards or trends in our industry to give us notice of increased danger?

Also consider things outside your own business including:
1) What businesses around us may be targets for violence?
2) What places do our employees go where there are potential risks?
3) What are social trends or movements that might affect our business?
4) How do we quickly respond to changes or new trends?

Including questions like these into a complete threat assessment will help provide to most complete picture for your company to develop its safety procedures. Once you have completed the threat assessment you can develop a plan and train your staff.

Regarding type 2 violence, when the offender is from a group or population that is intended to be served by your company, there are some things that may apply:

1) The person may have working knowledge of the site, security measures and procedures and schedules of individual employees.
2) The person may target particular people or departments in the attack. That also means he or she may allow other people to leave, or walk past some people in order to target others.
3) The person may specifically target customers or may specifically avoid harming them, depending on the motives.
4) Train for emergencies. Talk to your employees about the company’s expectations and ways to respond in a violent emergency. If you don’t have the expertise, find a source such as a local police department, private security professional or at least look for online resources.

Intent matters. In an attack on a Florida school board, the offender allowed everyone but the school board officials to leave before acting out his grievance. Anti-abortion gunmen have shot perceived clients as well as clinic staff. In Dallas 11 officers were shot, five fatally, while only two civilians were injured. Although it will be difficult or impossible to figure out the actor’s intentions in the moment, development of plans and training that recognizes these differences can help employees respond faster and the ability to save more lives.

Next week we’ll discuss the third type of workplace violence, offenders that are employees or former employees.

Stay Safe.

Types of Violence and Risks - Type 1

No company is immune from the threat of violence in the workplace.  Even the Department of Homeland Security found evidence an employee was planning to commit a violent crime, including carrying a gun, a knife, pepper spray and two hand-held radios on June 22, 2016.  Thankfully, security screening procedures found the weapons before the employee had a chance to follow through on the alleged action. http://abcnews.go.com/US/wireStory/feds-homeland-security-employee-caught-gun-knife-40036346

What does your business do to detect threats and prevent violence in the workplace?  There is no “one-size-fits-all” approach to business security, but there are basic tenets that can guide your security program.  The first thing to understand is what relationship exists between the workplace and the violent offender.  The FBI breaks violence down into four basic categories:

TYPE 1: Violent acts by criminals who have no other connection with the workplace,

but enter to commit robbery or another crime.

TYPE 2: Violence directed at employees by customers, clients, patients, students,

inmates, or any others for whom an organization provides services.

TYPE 3: Violence against coworkers, supervisors, or managers by a present or former

employee.

TYPE 4: Violence committed in the workplace by someone who doesn’t work there, but

has a personal relationship with an employee—an abusive spouse or domestic partner.

-Workplace Violence, Issues in Response 2002

While there will be overlap with some security measures and the type of violence, we’ll break down each category and address some of the unique aspects of each.

A criminal act by a person with no affiliation with the workplace is type 1 violence.  This is a typical robbery of a bank or convenience store or any other place of business.  The violent actor is not connected with the business, but chooses the business as the place to commit their intended crime.  There are several factors to consider when planning for type 1 violence.

Just because the person is not affiliated with the business does not mean s/he is not familiar with the location.  Some criminals plan ahead, looking for routines, identifying security weaknesses and opportunities to achieve the greatest success.  A skilled bank robber may know the policies regarding wearing hats and sunglasses, watch the flow of patrons through the lobby or watch for pick-ups or deliveries to determine the best opportunity for getting a large amount of money.  These same kinds of surveillance techniques may be used by someone planning to commit homicide with guns, knives or explosives.  Many law enforcement agencies and identified “soft” high-value targets such as electrical grids and infrastructure promote programs to report suspicious behaviors such as “See Something, Say Something.”  These programs help develop the reporting mindset, which could result in prevention of a crime, saving money and lives.

A person may target a specific business, despite having no direct connection to the business, for a variety of reasons.  Political or ideological extremism, mental health issues or revenge for real or perceived wrongs are some such examples.  These factors and others may overlap, as some reports from the Orlando night club shooting in June of this year potentially indicate.  Preparations for this kind of attack may be hard to detect, but vigilant and thorough security procedures afford at least some opportunity.

Businesses with smaller amounts of money on hand or less draw for ideological violence may face different types of threats.  For example, convenience stores may have less cash available to be gained through robbery, but may instead be robbed by more impulsive, less prepared criminals.  There is a strong correlation between many violent crimes including robbery and drug use, either being under the influence at the time of the crime or committing the crime for the means to get drugs for use. (September 1994, NCJ–149286, DOJ / How Much Crime Is Drug Related? Caulkins, Mark A.R. Kleiman) 

A person committing a violent crime under the influence of drugs or in sickness or withdrawals for lack of a substance s/he is addicted to may be erratic and unpredictable, rather than the carefully and methodical offender described above.  Although the risk to an individual threatened with a weapon by a violent criminal is great regardless of the type of offender, the considerations for how many victims each type of offender to harm are different.  A person affected by drug who commits a crime as a means to get their next high will most likely harm fewer people than a person bent on mass homicide, both because of intent and also potentially because of the physical effects of substances.

Some steps to take to protect your business from type 1 violence include:

1) See something, say something.  Encourage your employees to speak up if a person or object or behavior doesn’t fit in the location.  Train your employees to identify particular actions or traits to identify to minimize the risk of “profiling” while encouraging them to speak up if something doesn’t seem right.

2)  Establish protective policies and post them publicly.  Put a sign at the door that customers must remove their hat and sunglasses upon entering the establishment and then enforce this policy equally and consistently.

3)  Develop a relationship with your local law enforcement.  Police agencies are usually happy to help with community policing which could include regular businesses checks and responding to calls when your employees report someone with specific actions or behaviors that are suspicious.



4) Train for emergencies.  Talk to your employees about the company’s expectations and ways to respond in a violent emergency.  If you don’t have the expertise, find a source such as a local police department, private security professional or at least look for online resources.

Next week we’ll look at Type 2 offenders, violence from someone in the customer base.

Stay Safe.

EMPLOYEE THEFT – Larceny

Dealing with employee theft is a concern for all businesses, large and small.  The first step in controlling the problem is to understand the types of loss a company can suffer.  The next step is to figure out when a loss is occurring, and then what you can do about it.

One of the most common types of employee theft is larceny.  Most often this occurs in small ways such as office supplies for personal use, or theft of product.  Although most of the time these types of theft are small, and seem inconsequential, they add up quickly.  When the product is a candy bar from a store, the loss is minor and hardly noticed.  However, when your inventory is refrigerators, one or two missing items cuts into the profit margin rapidly.

So, how do these things start?  Employees, like customers, like all humans, do things for a lot of different reasons.  There is no one “type” of employee who will steal, and no one “type” that won’t.  So being vigilant and aware of your business and employees is critical.  There can be a variety of red flags to watch for, depending on your business.  One indicator is a change in pattern, such as being at work at irregular hours.  This is particularly true if the employee changes his or her schedule to be at work when no one else is there.  Occasional flexing may not be an indicator of anything, and depending on your business it may be beneficial, but changes to the work routine should come through a supervisor, not through the employee without approval and justification.

Another significant warning sign is a failure to follow, particularly a new failure to follow, established procedures.  If your company has a well established routine, especially a written policy, then your employees should be following it.  If there is a better way to do things, your employees should come to you and present their ideas so the procedure could be changed.  If an employee individually decides not to follow company procedures you should pay close attention to the situation.

Humans have an expectation of what should be, and a sense of when things are wrong.  Things that seem out of place probably are.  Follow your instinct if something doesn’t feel right.  It doesn’t mean the employee is automatically wrong, there may be many valid reasons for their actions, and there may not be any problem at all.  But as a supervisor or a business owner, it’s your job, and in your own best interest, to stay involved.

Understanding the legal authority of the company, and knowing how to apply your authority will help prevent being a victim of theft, as well as help you catch on quicker and help make your case stronger when it does happen.  The statutes for larceny and embezzlement are available online at Vermont Legislature T13 Ch 57.  This chapter covers not just larceny and embezzlement, but also the rights of the merchant regarding merchandise, and the requirements regarding theft of rental property.

You can install video surveillance in non-private areas of the business, require check-in / check-out, and even inspect bags and packages.  Develop written policies and procedures to cover these situations, and document training in proper procedures.  Where ideas and information are important, establish no-compete contracts and non-disclosure contracts.  Make sure you consult your attorney to ensure the policies and practices you use are in compliance with your industry requirements and other applicable standards.

Documentation is key to protecting yourself both before you become the victim, and after you find out and begin take action.  By having written standards and policies, you can establish consistent and defensible expectations for your employees to follow.  By being vigilant and consistent in following them right from the start you can decrease your chances of having someone steal from you.  As soon as you realize something is not right, document the facts and circumstances you find.  Being able to present a clear, well documented picture to the police, the union representative or the attorney will make your life a lot easier.