WORKPLACE VIOLENCE POLICY (HR2408) 2023-06-28 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: WORKPLACE RECOGNIZING AND REPORTING THREATS AND VIOLENCE IN THE WORKPLACE Policy Number: HR2408 Current Adoption Date: 061-2811-202317 Current Implementation Date: 061-2811-202317 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-49-17-015-6-00 Original Adoption Date: 7-1998 I. PURPOSE To take appropriate action so employees have a safe workplace and to reduce the risk of give direction to employees, managers, and Appointing Authorities when they encounter Tthreats or acts of Vviolence among co-workers, managers, and visitors. 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. II.IV. DEFINITIONS A. Administrative Investigation: A review of allegations conducted by the County’s or Department’s Human Resources Department with the employees, witnesses, Security Services, relevant management and, where applicable, local law enforcement, in order to document the events and conduct of employees prior to any disciplinary action in accordance with County Policy HR2401 Informal/Formal Discipline. B.A. Appointing Authority: An elected official, the single administrative or executive head of a Ddepartment/Special District, or the designated representative authorized to act in this capacity. C. OSHA: The Occupational Safety and Health Administration. D.B. Threat: An occurrence, individual, entity, or action that has or indicates the potential to harm life, information, operations, and/or property. An imminent tthreat is when the Tthreat is happening or can happen in the immediate future. A non-imminent tthreat is when the Tthreat might happen at some point in time, not in the immediate future. E.C. Violence: A Tthreat or act which is alarming, intimidating, or coercive made in relation to a person at a County Wworkplace. A Tthreat or act includes verbal or written communication, menacing, stalking, vandalism, the possessingion or brandishing of weapons and/or ammunition, unless the specific weapon, ammunition or use is authorized by the County for a particular work assignment, and the use ofusing 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. F.D. Workplace: A physical location where the County's work or operations are performed. Policy Title: WORKPLACE RECOGNIZING AND REPORTING THREATS AND VIOLENCE IN THE WORKPLACE Policy Number: HR2408 Current Adoption Date: 061-2811-202317 Page 2 of 5 III.V. POLICY A. Safe and Secure Workplace 1. Employees should haveare entitled to a safe and secure Wworkplace in conformance with the rules and regulations established by the federal Occupational Safety and Health Administration (OSHA) and all relevant provisions of the Arizona Revised Statutes (A.R.S.). 2. The County has zero tolerance for Tthreats or acts of Vviolence in its Wworkplace. 3. Threats or acts of Vviolence must be reported immediately to a supervisor, Security Services or local law enforcement as required by the severity of the Tthreat or act. 4. Employees’ threats ofThreats or acts of Vviolence by employees may result in disciplinary action, up to and including dismissal, and/or criminal prosecution. 5. The County does not tolerate deadly weapons in its Wworkplace as described in County Policy A2228 Prohibition of Weapons Policy – A2228. 5.6. If a crime is believed to have occurred, refer to Reporting of Crime on County Property – A2213. B. Prevention of Violence 1. EIt is the responsibility of every employee is responsible to workfor resolving to resolve conflicts promptly to prevent them from escalating to Tthreats or acts of Vviolence. 2. Employees should useare expected to be familiar with and to follow the conflict resolution steps described in County Policies HR2405 Employee Workplace Concerns Policy – HR2405 and HR2406 Prohibition Against Unlawful Discrimination, Harassment, and Retaliation Policy – HR2406. to prevent issues. C. Response to Workplace Violence When Prevention Fails The safety of employeesEmployees' and visitors' safety is the foremost concern in determining the initial response to a Tthreat or act of Vviolence. Each Tthreat, alleged Tthreat, or act of Vviolence must be assessed and managed according to the particular circumstances presented. Once a violent or potentially violent situation is identified, if time permits, 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 Tthreat is directed at someone in a County Wworkplace, the reporting employee, supervisor, or Appointing Authority must make the following timely notifications must be made by the reporting employee, supervisor or Appointing Authority: 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 Policy Title: WORKPLACE RECOGNIZING AND REPORTING THREATS AND VIOLENCE IN THE WORKPLACE Policy Number: HR2408 Current Adoption Date: 061-2811-202317 Page 3 of 5 Any employee who is a victim of,, or a witness to, or advised of, an act of Vviolence or an imminent Tthreat of Vviolence in the Wworkplace, or who is advised of an imminent Threat directed at or expressed by other employees and believed by the victim or witness to constitute an imminent danger requiring an immediate response, mustshall take the following actions: a. Seek personal safety and . b.a. Wwarn potential victims. c.b. Call 911. If the telephone requires a 9 to access an outside/public line, press"9-911"; otherwise, press "911". Tell the operator the building’s address, floor number, and suite number. c. Call Security Services. D. Manager’s and Supervisor’s Responsibilities Act immediately and appropriately on all reports of threats or acts of violence. d. If the Threat involves acts requiring evacuation of County facilities, refer to County Policy A1307 Emergency Evacuation of County Facilities. D.E. Appointing Authority Responsibilities Appointing Authorities shall: 1. Ensure that their employees have read and , understand, and follow this pPolicy. Hold employees accountable for reporting threats or acts of violence. 2. Take reasonable steps to ensure the Wworkplace is free from Vviolence, including appropriate training for responding to workplace Tthreats in the Workplace.Hold their employees accountable for reporting Threats or acts of Violence and fulfilling the responsibilities described in this policy. 2. E.A. Manager’s and Supervisor’s Responsibilities F. Managers and Supervisors must: G. Document that employees understand their responsibilities to report Threats and acts of Violence to their supervisors, Security Services or local law enforcement, as appropriate, regardless of the relationship between the individual who initiated the Threat or act of Violence and the person who was threatened or acted upon. H. Act immediately and appropriately on all reports of threats or acts of Violence. Take reasonable steps to ensure the Workplace is free from Violence, including appropriate training for responding to Threats in the Workplace. Security Services Responsibilities If the Manager or Supervisor of an employee affected by Threats or acts of Violence determines that they should contact Security Services or local law enforcement, they need to talk to the on-duty supervisor and provide them with information on what steps have already been taken. The Security Services supervisor will: Policy Title: WORKPLACE RECOGNIZING AND REPORTING THREATS AND VIOLENCE IN THE WORKPLACE Policy Number: HR2408 Current Adoption Date: 061-2811-202317 Page 4 of 5 Coordinate the notification of personnel considered at risk and their leadership. Coordinate any necessary additional security. Notify the County’s or Department’s Human Resources Department staff who may take additional steps, including considering administrative leave. I. Refer, as needed, news media contacts to the Appointing Authority and the Office of Communications. J.F. Investigation 1. If a crime is believed to have occurred, refer to County Policy A2213 Reporting of Crime on County Property. 2. A report of the incident in question will be made by an on-duty Security Services Officer. 3.1. All investigations of the incidents referred to in this Ppolicy for purposes other than law enforcement should be coordinated with the County’s or Department’s Human Resources Department, the affected employees’ department(s,) and Security Services. 4.2. The County’s or Department’s Human Resources Department may conduct an Aadministrative Iinvestigation, which may lead to disciplinary action for the employees responsible, in accordance with County Policy HR2401 Informal/Formal Discipline. 3. All employees contacted as part of the investigationve process have a responsibility to fully cooperate and providemust fully cooperate and provide information or other assistance that may be needednecessary information or assistance to ensure that a prompt, complete and fair investigation can be conducted. Refusing to cooperate or in the investigation, refusing to answer questions,or answering questions related to the investigation incompletely or untruthfully, or attempting to undermine or discourage an investigation may result in disciplinary action, up to and 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 Consistent with the necessity of preventing Workplace Violence and protecting the privacy rights of the reporting employees, aAll reports and investigations of Wworkplace Vviolence arewill be kept confidential to the extent practicable under the circumstances and law. The reports and investigations of Workplace Violence are not generally subject to public disclosure except as may be necessary for disciplinary action or as otherwise required by law IV.VI. COURT ORDERS A. If an eEmployees is involved in personal, non-criminal disputes the employee 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. B. Generally, such a court order should include the employee’s work location and their place of residence. Policy Title: WORKPLACE RECOGNIZING AND REPORTING THREATS AND VIOLENCE IN THE WORKPLACE Policy Number: HR2408 Current Adoption Date: 061-2811-202317 Page 5 of 5 C.A. When the orders areis granted, the employees must: 1. Inform their own 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 located at 301 W. Jefferson. 3. Deliver a copy of the order to their Human Resources Department. D.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 Wworkplace. 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-