WORKPLACE VIOLENCE POLICY (HR2408) 2023-06-28.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: WORKPLACE VIOLENCE Policy Number: HR2408 Current Adoption Date: 06-28-2023 Current Implementation Date: 06-28-2023 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-----00 Original Adoption Date: 7-1998 I. PURPOSE To take appropriate action so employees have a safe workplace and to reduce the risk of threats or acts of violence. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. III. APPLICATION This Policy applies to all Maricopa County appointed departments, the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18- 393-6-00, approved on April 11, 2018. An elected office may follow this Policy for its employees when it does not have a similar policy. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. B. Threat: An individual, entity, or action that has or indicates the potential to harm life, information, operations, or property. An imminent threat is when the threat is happening or can happen in the immediate future. A non-imminent threat is when the threat might happen at some point in time, not in the immediate future. C. Violence: A threat or act which is alarming, intimidating, or coercive made in relation to a person at a County workplace. A threat or act includes verbal or written communication, menacing, stalking, vandalism, possessing or brandishing weapons or ammunition, and using physical force. Does not include possessing or brandishing weapons or ammunition or using physical force if authorized by the County for a particular work assignment. D. Workplace: A physical location where the County's work or operations are performed. V. POLICY A. Safe and Secure Workplace 1. Employees should have a safe and secure workplace. 2. The County has zero tolerance for threats or acts of violence in its workplace. 3. Threats or acts of violence must be reported immediately to a supervisor, Security Services or local law enforcement as required by the severity of the threat or act. 4. Employees’ threats of violence may result in disciplinary action, up to and including dismissal. Policy Title: WORKPLACE VIOLENCE Policy Number: HR2408 Current Adoption Date: 06-28-2023 Page 2 of 3 5. The County does not tolerate deadly weapons in its workplace as described in Prohibition of Weapons Policy – A2228. 6. If a crime is believed to have occurred, refer to Reporting of Crime on County Property – A2213. B. Prevention of Violence 1. Every employee is responsible for resolving conflicts promptly to prevent them from escalating to threats or acts of violence. 2. Employees should use the Employee Workplace Concerns Policy – HR2405 and Prohibition Against Discrimination, Harassment, and Retaliation Policy – HR2406 to prevent issues. C. Response to Workplace Violence When Prevention Fails Employees' and visitors' safety is the foremost concern in determining the initial response to a threat or act of violence. Each threat, alleged threat, or act of violence must be assessed and managed according to the circumstances presented. Once a violent or potentially violent situation is identified, it must be brought to the attention of the department management for an immediate evaluation of the severity of the situation. 1. Non-Imminent Threat If a non-imminent threat is directed at someone in a County workplace, the reporting employee, supervisor, or Appointing Authority must make the following timely notifications: a. Contact Security Services. b. Contact the employee’s immediate supervisor if appropriate. c. Contact the County’s or Department’s Human Resources Department. 2. Immediate Danger or Imminent Threat of Violence Any employee victim of, witness to, or advised of an act of violence or an imminent threat of violence in the workplace must take the following actions: a. Seek personal safety and warn potential victims. b. Call 911. c. Call Security Services. D. Manager’s and Supervisor’s Responsibilities Act immediately and appropriately on all reports of threats or acts of violence. E. Appointing Authority Responsibilities 1. Ensure employees have read, understand, and follow this Policy. Hold employees accountable for reporting threats or acts of violence. 2. Take reasonable steps to ensure the workplace is free from violence, including appropriate training for responding to workplace threats. F. Investigation Policy Title: WORKPLACE VIOLENCE Policy Number: HR2408 Current Adoption Date: 06-28-2023 Page 3 of 3 1. All investigations of the incidents referred to in this Policy for purposes other than law enforcement should be coordinated with the County’s or Department’s Human Resources Department, the affected employees’ departments, and Security Services. 2. The County’s or Department’s Human Resources Department may conduct an administrative investigation, which may lead to disciplinary action for the employees responsible. 3. All employees contacted as part of the investigation must fully cooperate and provide necessary information or assistance. Refusing to cooperate or answer questions, answering questions incompletely or untruthfully, or attempting to undermine an investigation may result in disciplinary action, including dismissal. G. Non-Retaliation Prohibition Against Discrimination, Harassment, and Retaliation Policy – HR2406 forbids any retaliation against employees who report workplace threats or acts of violence. Employees who believe they have been subject to such retaliation shall notify the County’s or Department’s Human Resources Department and their Appointing Authority. H. Confidentiality All reports and investigations of workplace violence are confidential to the extent practicable under the circumstances and law. VI. COURT ORDERS A. Employees involved in personal, non-criminal disputes may secure an Order of Protection (A.R.S. § 13- 3602), an Injunction against Harassment (A.R.S. § 12-1809), or a similar court order. When orders are granted, employees must: 1. Inform their management of the order. If the order involves another Maricopa County employee, the employee who obtained the order must inform the management of both employees and provide them with a copy of the order. 2. Deliver a copy of the order to the Security Services office at 301 W. Jefferson. 3. Deliver a copy of the order to their Human Resources Department. B. Managers and Supervisors of employees involved in the order should take appropriate steps to comply with the order, such as: 1. Report the order to Security Services. 2. Provide descriptions and photographs of the individuals who are the subjects of the order. 3. Alert employees who are likely to come in contact with the subjects of the order. 4. Provide instructions on actions to be taken if the subjects enter the workplace. Revision History Version Revision Date Description of Revision 1 07-1998 Initial version. (Approved by the County Manager) 2 01/11/2017 Clarified responsibilities, updated language, changed title (C-49-17-015-6-00) 3 06/28/2023 Simplified language and title and removed outdated policies (C-31-