[Added 10-19-2005 by Ord.
No. 17-2005; amended 8-11-2021 by Ord. No. 15-2021]
The Employer has adopted this Zero Tolerance Policy for workplace
violence because it recognizes that workplace violence is a growing
problem nationally that needs to be addressed by all employers. Consistent
with this policy, acts or threats of physical violence, including
intimidation, harassment, and/or coercion which involve or affect
the Employer, its employees or which occur on the Employer's property
will not be tolerated.
Threats or Acts of Violence Defined. "Threats
or acts of violence" include conduct against persons or property that
is sufficiently severe, offensive, or intimidating to alter the employment
conditions with the Employer, or to create a hostile, abusive, or
intimidating work environment for one or more employees.
Examples of Workplace Violence. General
examples of prohibited workplace violence include, but are not limited
to, the following:
All threats or acts of violence occurring on Employer property,
regardless of the relationship between the Employer and the parties
involved in the incident.
All threats or acts of violence not occurring on Employer property
but involving someone who is acting in the capacity of a representative
of the Employer.
All threats and acts of violence not occurring on Employer property
involving an employee of the Employer if the threats or acts of violence
affect the legitimate interest of the Employer.
Any threats or acts resulting in the conviction of an employee
or agent of the Employer, or of an individual performing services
on the Employer's behalf on a contract or temporary basis, under any
criminal code provision relating to threats or acts of violence that
adversely affect the legitimate interests and goals of the Employer.
Specific Examples of Prohibited Conduct. Specific examples of conduct which may be considered "threats or
acts of violence" prohibited under this policy include, but are not
limited to:
Hitting, fighting, pushing, or shoving an individual or throwing
objects;
Threatening to harm an individual or his/her family, friends,
associates, or their property;
The intentional destruction or threat of destruction of property
owned, operated, or controlled by the Employer;
Making harassing or threatening telephone calls, letters or
other forms of written or electronic communications;
Intimidating or attempting to coerce an employee to do wrongful
acts that would affect the business interests of the Employer;
Harassing surveillance, also known as "stalking," the willful,
malicious and repeated following of another person and making a credible
threat with intent to place the other person in reasonable fear of
his or her safety;
Making a suggestion or otherwise intimating that an act to injure
persons or property is "appropriate," without regard to the location
where such suggestion or intimation occurs;
Unauthorized possession or inappropriate use of firearms, weapons,
or any other dangerous devices on Employer property.While employees
of the Employer may be required as a condition of their work assignment
to possess firearms, weapons or other dangerous devices, or permitted
to carry them as authorized by law, employees are to use them only
in accordance with departmental operating procedures and all applicable
State and Federal laws.
Application of Prohibition. The Employer's
prohibition against threats and acts of violence applies to all persons
involved in the Employer's operation, including but not limited to
Employer personnel, volunteers, contract and temporary workers, and
anyone else on Employer property. Violation of this policy by any
individual on Employer property, by any individual acting as a representative
of the Employer while not on Employer property, or any individual
acting off of the Employer's property when his or her actions affect
the public interest or the Employer's business interests will be followed
by legal action, as appropriate. Violation by an employee of any provision
of this policy may lead to disciplinary action up to and including
termination.
Warning Signs, Symptoms and Risk Factors. The following are examples of warning signs, symptoms, and risk
factors which MAY indicate an employee's potential for workplace violence:
Dropping hints about a knowledge of firearms;
Making intimidating statements like: "You know what happened
at the Post Office," "I'll get even," or "You haven't heard the last
from me";
Possessing reading material with themes of violence, revenge
and harassment;
Physical signs of hard breathing, reddening of complexion, menacing
stare, loudness, fast profane speech;
Acting out either verbally or physically;
Disgruntled employee or ex-employee who is excessively bitter;
Being a loner;
Having a romantic obsession with a co-worker who does not share
that interest;
History of interpersonal conflict;
Intense anger, lack of empathy;
Domestic problems, unstable/dysfunctional family;
Brooding, depressed strange behavior, "time bomb ready to go
off."
Supervisors should be alerted to and aware of these indicators.
If an employee exhibits such behavior, the employee should be monitored
and such behavior should be documented.
Procedures for Dealing with Acts of Workplace Violence. When a violent act occurs in the workplace: If a violent act or
altercation constitutes an emergency, call 9-1-1 or the local police
department. In instances that are not emergency situations, contact
your Department Head or the designated human resources official. If
possible, separate the parties involved in the violent altercation.
If the parties cannot be separated, or if it would be too dangerous
for the employee to separate the parties, call 9-1-1 or the local
police department, and contact your Department Head or the designated
human resources official. The Department Head will contact the designated
human resource officer, who will take responsibility for coordinating
a response to the incident.
In instances that involve criminal situations, the designated
human resources official will contact the appropriate local police
department for assessment, and if necessary, a criminal investigation.
Employee Reporting Obligations and Procedure. Each employee and every person on Employer property is encouraged
to report incidents or threats or acts of physical violence of which
he or she is aware. In cases where the reporting individual is not
an employee, the report should be made to the local police department.
In cases where the reporting individual is an employee, the report
should be made to the employee's Department Head or the designated
human resources official. Each Department Head shall promptly refer
any such incident to the designated human resources official.
The Employer will promptly and thoroughly investigate all reports
of threats of (or actual) violence and/or suspicious individuals or
activities. Any individual determined to be responsible for conduct
in violation of this policy will be subjected to disciplinary action
up to and including termination of employment, arrest and prosecution.
Nothing in the policy alters any other reporting obligation
established in the Employer's policies or in state, federal or other
applicable law.
Confidentiality and Retaliation. This
policy prohibits retaliation against any employee who, in good faith,
reports a violation of this policy. Every effort to the extent practicable
will be made to protect the safety and identity of anyone who comes
forward with concerns about a threat or act of violence. Employees
shall refer any questions regarding his or her rights and obligations
under the policy to the designated human resources official.