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HomeMy WebLinkAboutCC RES 97-096RESOLUTION NO. 97-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ESTABLISHING AN ANTI- VIOLENCE IN THE WORKPLACE POLICY WHEREAS, the City of Palm Desert has met and conferred in good faith with the Palm Desert Employees' Organization (PDEO) according to the Meyers-Milias Brown Act and the City employer - employee relations Resolution No. 81-89, and WHEREAS, the Palm Desert Employees' Organization has voted on and passed the adoption of the Anti -Violence in the Workplace Policy, with established guidelines for administering this policy; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, Palm Desert, California, an Anti -Violence in the Workplace Policy is hereby established, and a copy of said policy is hereby attached, marked as Exhibit "A." PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, on this 1 lth day of December , 1997 by the following vote: AYES: Crites, Ferguson, Kelly, Spiegel, & Benson NOES: None ABSENT: None ABSTAIN: None ATTEST: NSHEILAJR. GILLIGAN, CITY CL CITY OF PALM DESERT, CALIFORNIA ‘J / J)x"C M. BENSON, MAYOR Resolution No. 97-96 Exhibit A ANTI -VIOLENCE IN THE WORKPLACE POLICY PURPOSE The City has adopted a Zero Tolerance Policy against workplace violence. Consistent with this policy, the City prohibits acts or threats of physical violence, including intimidation, harassment, and/or coercion, by or to City employees or property. II. POLICY In addition to the Injury/Illness Prevention Program, which defines measures necessary to protect the health and safety of City employees, it is the policy of City to have a Zero Tolerance policy against workplace violence. The policy of the City is to prohibit acts or threats of physical violence, including intimidation, harassment, and/or coercion, by or to City employees or property. Zero Tolerance Standard The following sets forth the City's guidelines and goals, including examples of prohibited conduct, to assist in implementing the anti -violence policy. A. Violent conduct or threats of violence, implied, actual, direct, or indirect, at a City workplace or in connection with the conduct of City business is prohibited. B. Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.), unless specifically required or authorized and approved by Risk Management, is prohibited. C. Employees are requested to immediately report threatening comments, action or violent behavior at any City location or. at any location where the City conducts business to the Department Head for monitoring and assessment. The Department heads or supervisors will report all incidents to the Risk Manager. D. All City employees who engage in threats or violence, direct, indirect, implied, or actual, against co-workers or any other person concerning City business, may be subject to legal action by law enforcesnett authorities as well as disciplinary action by the City, up to and including termination of employment. III. OBJECTIVE A. To address and investigate all workplace threats and violent behavior promptly. B. , To look at the physical security of all City work sites and assess its sufficiency to protect the health and safety of City employees. Resolution No.. 9/-96 Exhibit A To analyze and recommend ways to improve security and/or the handling of workplace violence matters. IV. GENERAL OVERVIEW This policy divides workplace violence events into three major types, Type I, I1, and III. Type I workplace violence involves a violent act by an assailant that has no legitimate relationship to the workplace and usually enters the workplace to commit a robbery or other criminal act. The perpetrator of Type II incidents is either the recipient or the object of a service provided by the affected workplace of the victim, e.g., the assailant is a former client, customer, vendor or contractor. Type III incidents of workplace violence predominately consist of assaults by an individual who has some present or prior employment -related involvement with a specific workplace. A Type III incident typically involves a threat or physical action against an employee, supervisor, management, current or former spouse, or an unrequited romantic interest. The perpetrators of Type III incidents are customarily current or former employees; a current or former spouse or lover, spurned suitors, relative or friend; or, another person who holds a real or imaginary grievance against an employee of that workplace. V. ACTS OF VIOLENCE DEFINED Examples of workplace violence include, but are not limited to the following: A. Hitting or shoving an individual. B. Threatening an individual or family member, friends, associates, or citizens. C. Harassing or threatening phone calls. D. Harassing surveillance or stalking. E. The suggestion or intimation that violence is appropriate. F. Acts or threats of violence include conduct that creates a hostile, abusive, or intimidating work environment for one or more City employees. VI. RESPONSIBILITIES A. Risk Management: 1. Direct and plan an Injury/Illness Prevention Program for Workplace Violence. 2. Coordinate Workplace Violence Program needs with Agencies/Departments. 3. Complete the investigation of the incident. -2- Resolution No. 97-96 Exhibit A Provide advice and direction as to immediate action to take with the employee alleged to have made a threat. The Risk Manager will assess reported incidents and may take the following action(s) where appropriate: 1. Take steps to have any threatening or violent person, employee or member of the public leave the worksite. 2. Consider placing an employee alleged to have made serious threats or engaged in violent behavior on paid or unpaid leave pending the outcome of an investigation. C. Human Resources Department: 1. Consult with Department Head to assess and evaluate incidents involving disciplinary action. 2. Consider and evaluate recommendation by Department Head. 3. Approve final disciplinary action. 4. Implement training programs. D. Human Resources/Risk Management/Department Heads: 1. Threats of violent behavior and acts of violent behavior, implied, actual, direct, or indirect, are to be investigated promptly and reported to Risk Management. It is recommended that such incidents be documented and filed with Risk Management. Such documentation may include a narrative of the incident including names and other appropriate identification of the parties involved, verbal comments made or description of the violent behavior, witness names, and witnesses' statements. 2. Make all employees, including managers and supervisors, aware of the Zero Tolerance Anti -Violence Policy. 3. Assist in incident documentation. 4. Provide training on policy and procedures for managers and supervisors. 5. City work sites and work practices are to be reviewed to determine the ways in which employee security may be improved. -3- Exhibit A Resolution No, 97-96, 6. Coordinate appropriate discipline according to City Personnel Ordinance. Manager/Supervisor: 1. Report all incidents to Risk Management. 2. Where appropriate, take steps immediately to provide safety to the victim or other person(s). 3. Be knowledgeable of the Zero Tolerance Standard. 4. Provide training regarding Workplace Violence to all employees. F. All City Employees: 1. Violent behavior or threats of violent behavior to co-workers, managers or supervisors or to City property or to anyone at the City's premises or while conducting City business is prohibited. 2. Report all incidents of threats or violent behavior to supervisor or to Risk Management. VIE. SECURITY HAZARD ASSESSMENT & IDENTIFICATION A. Risk Management will undertake a security hazard assessment. This analysis should accomplish the following: 1. Identify those work positions in which employees are at risk of physical danger. 2. Identify high risk factors, including physical risk factors of buildings, isolated locations, job assignment locations, high risk activities and situations, inadequate lighting or areas of previous security difficulty. 3. Review all newly modified or planned facilities in an attempt to reduce or eliminate hazards. 4. Conduct periodic surveys whenever there are changes in operational functions to identify risks in security applications or practices. B. Analysis of this information should be incorporated into a plan of correction, if necessary. RhCJ1 BRa12237 --4- Resolution No. 97-96 Exhibit A C. Hazard assessments for workplace security will be performed in the form of periodic inspections. These inspections will consist of identification and evaluation of workplace security hazards and changes in employee work practices. Inspections to identify and evaluate workplace security hazards should be performed by the Risk Manager as outlined in the City's Injury/Illness Prevention Program. Additional items to consider when assessing workplace security hazards, include, but are not limited to the following: 1. Access to, and freedom of movement within the workplace by nonemployees, including recently discharged employees or persons with whom an employee is having a dispute. Adequacy of workplace security systems, such as door locks, security windows, physical barriers, and restraint systems. Frequency and severity of threatening or hostile situations that may potentially lead to violent acts by persons who are service recipients of the City. Effectiveness of systems to warn others of a security danger or to summon assistance. 5. The use of work practices such as "buddy" systems for specified emergency events. VIII. GUIDELINES FOR IMMEDIATE RESPONSE A. Any response to an incident involving an assault resulting in injury or death should be limited in scope. The individual on scene who observes the incident should limit their activities to the following: 1. Dial 911 for medical assistance. 2. Render comfort and minor first aid to any injured victims. 3. Immediately notify the following: a. Your Department Head b. Risk Manager (Pager # 779-2377) c. Human Resources Manager The first manager or supervisor responding to the incident should ensure that the above actions have been initiated. -5- Resolution Not 97-96. Exhibit A IX. INCIDENT INVESTIGATIONS Procedures for investigating incidents of workplace violence, including threats and physical injury, include the following: Human Resources/Department Heads: 1. Go to the scene of an incident. 2. Interview threatened or injured employees and witnesses. 3. Consider taking corrective action to prevent incidents of this kind from recurring. 4. Contact Risk Manager and inform of threats of violence immediately upon knowledge of threats. 5. Complete and forward Workplace Threat Incident and Threat Assessment forms to Risk Management. Risk Management: 1. Determine the cause of the incident. 2. Examine the workplace for security risk factors associated with the incident after release of the scene by law enforcemett personnel if the incident involves injuries or death. 3. Consider placing employees alleged to have made threats or engaged in physical violence on administrative leave. 4. Take whatever action is necessary under the circumstances to handle and investigate workplace violence complaints and/or incidents. I. TRAINING GOALS Training will be provided to all employees, including managers and supervisors on workplace security practices. Training and instruction will be provided when the Illness/Injury Prevention Program for Workplace Security is first established and periodically thereafter. Training will also be provided to all new employees, other employees that have not previously been trained, and to all employees given new job assignments for which specific workplace security training for that job assignment has not previously been provided. Additional training and instruction will be provided to all personnel whenever new or previously unrecognized security hazards are identified. utanMsmesvusr -6- Resolution No. 97-96 Exhibit A General workplace security training and instruction includes, but is not limited to, the following: 1. Explanation of the Illness/Injury Prevention Program for Workplace Security including measures for reporting any violent acts or threats of violence. Recognition of workplace security hazards including the risk factors associated with the Type II and Type III of workplace violence. 3. Measures to prevent workplace violence, including procedures for reporting workplace security hazards or threats to managers and supervisors. 4. Measures to summon others for assistance. 5. Employee routes of escape. 6. Notification of law enforcement authorities when a criminal act may have occurred. 7. Emergency medical care in the event of any violent act upon an employee. 8. Post -event trauma counseling for those employees desiring such assistance. II. RECORD KEEPING A. Records should be maintained for the following: 1. Assaults resulting: in any injury must be reported to Risk Management immediately. 2. Doctor reports of injuries should be sent to Risk Management. 3. Training records will be maintained by Human Resources for a period of three (3) years. B. Administrative Controls 1. A soamd overall program to deter and control violence includes administrative controls that reduce hazards from insufficient security measures. While not all inclusive, the following suggested guidelines are basic to this process: a. A plan to deal effectively with a customer/client who behaves in an aggressive manna, which includes a gradual progression of measures for employees to deter aggressive behavior from escalating to assaults. -7- Resolutions No . 97-96 , Exhibit A b. An awareness by all employees of the need to report all threatening, aggressive, or assaultive incidents. c. The City requires that every employee and every person report incidents of threats or acts of physical violence or any other violation of this policy when they become aware of them. They should make the report to Risk Management, the reporting individual's immediate supervisor, or any supervisory employee if the immediate supervisor is not available. The findings of the investigation will be kept confidential to the extent feasible. Nothing in this policy alters any other reporting obligation established in City policies or in state, federal, or other applicable law. d. Disciplinary action for all City employees, including managers and supervisors, will be consistent with the nature and severity of the offense and any other factors relating to the fair and efficient won of the City's operation. --8- Exhibit A Resolution No. 97-96 ACKNOWLEDGMENT OF RECEIPT OF ANTI -VIOLENCE IN THE WORKPLACE POLICY My signature acknowledges receipt of the Anti -Violence in the Workplace Policy. I understand compliance with this policy is mandatory and violation of this policy may result in discipline up to and including termination. Date Employee Signature Employee Name (PRINT) -9-