Comparative analysis of various international workplace violence approaches and programmes.

1

• Comparative analysis of various international
  workplace violence approaches and programmes.
• Excellante - Workplace Trauma Solutions
  Conference
• March 2004
• Gary Watkins
• Workinfo.com www.workinfo.com

2
What behaviours are deemed to constitute
workplace violence

• European Commission in Dublin in May 1995
• Incidents where persons are abused, threatened or
  assaulted in circumstances related to their work,
  involving an explicit or implicit challenge to
  their safety, well-being and health.
• Abuse Behaviours that depart from reasonable
  conduct and involve the misuse of physical or
  psychological strength.
• Threats The menace of death, or the announcement
  of an intention to harm a person or damage their
  property.
• Assault Any attempt at physical injury or attack
  on a person including actual physical harm. Abuse
  covers all forms of harassment, including sexual
  and racial harassment, bullying and mobbing.
• The above definition became a milestone for
  definitions across Europe.

3
The meaning of workplace violence

• There is growing recognition that "violence" goes
  far beyond the reach of physical acts, to include
  various forms of psychological violence. In
  keeping with the terms of reference of the
  International Labour Organization (ILO - 1998)
  who conducted a sweeping survey of international
  workplaces, "violence" is defined in this survey
  as
• "any incident in which a person is abused,
  threatened or assaulted in circumstances relating
  to their work. These behaviours would originate
  from customers, co-workers at any level of the
  organization. This definition would include all
  forms of harassment, bullying, intimidation,
  physical threats/assaults, robbery and other
  intrusive behaviours"

4
Physical and psychological violence

• WHO definition of violence (ILO/ICN/WHO/PSI,
  2000)
• Physical violence The use of physical force
  against another person or group that results in
  physical, sexual or psychological harm.
• Psychological violence Intentional use of power
  against another person or group that can result
  in harm to physical, mental, spiritual, moral or
  social development.

5

• Focus on sequence of minor acts
• Focus on dignity
• The fusion of bullying and mobbing

6
Terms used for physical violence

• those incidents which cause major
• injury, require medical assistance,
• require first aid only
• assault, assaultive incident
• murder (SWE)
• fatalities (OSHA)
• physical or sexual assault
• attack
• abusive behaviour (CAL/OSHA)
• threat ( verbal and non-verbal) threat of
• assaults threat of sexual nature

7
Terms used for psychological violence

• threatening behaviour
• verbal abuse, verbal attack
• non-verbal abuse (stalking)
• bullying
• ganging up
• harassment (includes threatening letters,
• phone-calls (SWE, ACT))
• health and safety hazards, including fear
• intimidation

8
A different typology

• Workplace violence can be separated into
  different types according to the aggressor and
  his/her relation to the affected work setting or
  worker.
• Californian OSHA. Three broad types of workplace
  violence have been identified
• TYPE I The aggressor has no legitimate
  relationship to the workplace and the main
  objective is to commit a robbery (cash, drugs) or
  other criminal act. (External violence)
• TYPE II The aggressor is the recipient or the
  object of a service provided by the affected
  workplace or the victim, e. g. a client, patient.
  This may include also relatives or friends of the
  clients. (Client initiated violence)
• TYPE III The aggressor has an
  employment-related involvement in the work
  setting. Usually it is a another employee , a
  co-worker, a supervisor, a boss , a student
  (internal violence).

9
What needs to be regulated - workplace violence
mitigation

• Basic Elements of a Workplace Violence Prevention
  Plan
• Employment Process (Kelleher, 1996)
• Pre-employment screening.
• Background checks.
• Termination process (Kelleher, 1996)
• Know how to conduct termination.
• Know when to conduct termination.
• Have an appropriate place to terminate.
• Have the appropriate people in attendance.
• Evaluate the work environment for stress causing
  elements (Kelleher, 1996)
• Address the problem towards a solution.
• Intervention Program (Kelleher, 1997)
• Counseling program.
• Crisis management team.
• Zero tolerance policy for violence.
• Open communications.
• Threat of violence reporting system. (Braverman,
  1999)

10
What needs to be regulated - workplace violence
mitigation

• Education and Training (supervisor/employees)
  (Kelleher, 1996)
• Know signs of trouble
• How to report threats
• New policies (supervisors).
• Conflict resolution.
• Improve interpersonal skills.
• New policies (employees)
• Security Measures (Kelleher, 1996)
• Evaluate current vulnerabilities

11
Interactive model of workplace violence
12
All professions treated the same?
13
All professions treated the same?
14
Special focus areas

• Public service sectors
• Catering and retail
• Health care and social services
• Education
• Health care and social services

15
Comparison of approaches to workplace violence in
various jurisdictions

• Canada
• Labour Code
• Duties of Employers
• Every employer shall ensure that the health and
  safety at work of every person employed by the
  employer is protected.
• - take the prescribed steps to prevent and
  protect against violence in the work place

16
USA

• Respondeat Superior Under this doctrine, an
  employer may be held vicariously liable for the
  tortious conduct of an employee who was acting
  within the scope of his or her employment. The
  key issue here is what conduct falls within the
  "scope" of employment.
• Negligent hiring An employer may be held liable
  for the negligent or tortious conduct of an
  employee if the employer is found to have
  breached the duty to use reasonable care in the
  screening and selection of paid and volunteer
  staff, particularly with regard to the
  elimination of those candidates whose backgrounds
  evidence the foreseeable possibility of violent
  or sexually abusive behaviors.
• Negligent Entrustment An employer will most
  commonly be hit with a negligent entrustment
  action when an employee gets into an accident
  while driving a business-owned automobile. To
  prevail, the injured party must show that the
  employer entrusted a company vehicle to a known
  unfit driver and that the accident resulted from
  the employee's incompetence. Whether the employee
  involved was acting within the scope of
  employment is not a concern in a negligent
  entrustment case. The employer's negligent act of
  entrustment, not the scope of employment, forms
  the basis of the tort.
• General Duty Clause

17
European Foundation for the Improvement of Living
and Working Conditions, 2003

• The situation in Europe concerning the regulation
  of workplace violence is extremely varied and
  constantly changing. Within Europe, the spectrum
  of regulatory options has been covered.
• According to Di Martino (2002c and 2002d), these
  different approaches to regulating and
  controlling the problems of workplace violence
  are a reflection of
• different perceptions and interpretations of
  workplace violence in European countries due to
  different cultural influences
• options available for tackling the increasing
  challenge of workplace violence, for example,
  using existing regulations or developing new
  regulatory instruments and
• different strategies as to the type of
  instruments to be used, favouring the progressive
  approach and flexibility of non-legislative ones
  or tackling the problem with straightforward
  legislation.

18
South Africa

• Constitutional provisions against attacks on
  persons dignity
• General provisions against discrimination and
  harassment in Bill of Rights, LRA, EEA (equality
  legislations)
• Code of Good Practice (equality legislation)
• Common law concept of vicarious liability for
  acts of employee in course and scope of
  employment
• General duty clause (?)
• Voluntary self-regulation
• Disciplinary codes and regulations
• Negotiated agreements to prevent WV
• Criminal provisions
• Assault, rape, grievous bodily harm etc

19
South Africa - course and scope of employment
"vicarious liability"

• Where a person is sought to be held liable for
  the wrongful act of an alleged servant the
  position has always been that it is for the
  plaintiff to prove that the person who did the
  wrong was (a) the servant of the party sought to
  be held liable and (b) that he performed the
  wrongful act in the course or scope of his
  employment.

20

• Innes JA stated that
• (a) plaintiff who seeks to make a master liable
  for the negligent act of a servant must prove
  that the servant was acting in the course of his
  employment. That onus may conceivably be
  discharged by inference from established facts
  but it does not seem to me to be shifted by the
  mere proof that the act was done at a time when
  and a place where the servant was in his
  masters employ.

21
A general duty

• The Occupational Health and Safety Act (Act 181
  of 1993) has a general duty clause which places a
  general duty on employers to ensure the health
  and safety of employees"General duties of
  employers to their employees 8. (1) Every
  employer shall provide and maintain, as far as is
  reasonably practicable, a working environment
  that is safe and without risk to the health of
  his employees. "The Act then provides for
  specific employer duties. These specific duties
  do not derogate from the generality of an
  employer's duties.

22
Conclusion

• What is workplace violence? - definitions
• What should a workplace violence programme
  regulate?
• Should all professions be treated the same?
• How do different jurisdictions address workplace
  violence?
• What laws would be applicable in SA?
• A single code of conduct, extension of OHSA
  general duty clause or reliance on vicarious
  responsibility