HD19 - Study of Workplace Violence in the Commonwealth


Executive Summary:
The General Assembly in House Joint Resolution 47 requested the Department of Labor and Industry to study the problem of workplace violence. This resolution was introduced in response to concerns about the safety of state employees in their workplaces. During the course of the study, the agency sought information about how the federal government, other state governments, and other organizations had dealt with the problem. The agency also reviewed past Virginia government studies and legislative documents that dealt with workplace violence issues. Through a committee of representatives from state agencies and other organizations involved or concerned with the problem of workplace violence, the agency examined injury and fatality data, studied the resources currently available in Virginia, and explored additional ways to make Virginia’s government a safer place to work.

Workplace violence comes in many forms, so there is not one simple answer to the problem. What comes to many people’s minds when discussing workplace violence is the disgruntled employee who brings a gun to the workplace and begins to shoot. This is a sensational but small percentage of the problem. Assaults by clients or customers against a service provider, domestically related violence, and even violence associated with other criminal conduct, such as robberies or rapes, comprise a much greater percentage of the problem.

To determine the level of the problem in state employment, the committee reviewed statistics from the workers’ compensation program for state employees. The committee also reviewed injury, illness and fatality data from the Annual Survey of Occupational Injuries and Illnesses for Virginia and the Virginia Census of Fatal Occupational Injuries (CFOI), conducted by the Department of Labor and Industry in cooperation with the Bureau of Labor Statistics, United States Department of Labor.

The Office of Workers’ Compensation (OWC) in the Department of Human Resource Management reported that in Fiscal Year 2000, 807 state employees submitted workers’ compensation claims for injuries sustained as a result of being “struck or injured by fellow worker or patient.” An additional 134 assaults were reported in the same time period. The preliminary estimated cost of these two types of claims for FY 2000 is $982,112. Developing these costs to the ultimate cost (claims cost development over the life of the claim) results in an estimated total cost of $2,750,000. These claims represented 9.5 percent of all of the workers’ compensation claims for state employees for FY 2000. The Virginia Census of Fatal Occupational Injuries reported three workplace violence related deaths occurred in Virginia state government during calendar years1992-1999. (Note: OWC figures are from the 7/5/00 Industrial Claims Report.)

Because of the need to examine a number of solutions, the committee first focused on the programs that exist in Virginia government today to address the problem.

Resources Currently Available to State Agencies

The Capitol Police are implementing a program in the Capitol area to provide information that agencies can use in emergency situations. One of the elements of this program is what to do when a workplace violence situation occurs. The Capitol Police are providing guidelines, as well as training, to all agencies within their jurisdiction.

The Department of Criminal Justice Services Crime Prevention Center has training programs available that address workplace violence. These courses include Workplace Violence, Safety for Women, and Crime Prevention through Environmental Design and Safe Work Environments. Members of the staff are also available for training and technical assistance to state agencies.

The State Police have two excellent programs in place to assist agencies that must deal with workplace violence. The first of these is intended to analyze a workplace with respect to the physical layout, the work practices and policies so that external threats are lessened. These security assessments in the “Protecting the Workplace” program are available now to state agencies throughout the Commonwealth but the availability of the program is limited because the troopers trained to conduct the program are also responsible for their normal State Police duties. The other program, “Recognizing and Defusing Violence in the Workplace,” is aimed at the recognition and prevention of workplace violence dealing more with behavioral aspects and how supervisors and managers can deal with employees’ problems to deflect or defuse the situation that can result in violence.

The Department of Human Resource Management Office of Workers’ Compensation provides loss control services and education to all state agencies, including sessions on workplace violence. The State Employees Workers’ Compensation Program was under the direction of the Department of General Services, Division of Risk Management until July 1, 2000. The Workers’ Compensation Program was transferred from the Department of General Services to the Department of Human Resource Management as a result of legislative action. The Office of Workers’ Compensation is charged by Executive Order 52 (99) with providing training and assistance to all state agencies as they strive to reduce workplace injuries. The Department of Human Resource Management’s Office of Workers’ Compensation currently offers workplace violence training to state agencies.

The Department of Employment Dispute Resolution is mandated by statute to administer the Commonwealth’s statewide mediation program, the employee grievance procedure, and other services designed to prevent and resolve problematic conflict in the state workplace. For example, the Department trains state employees in conflict management, mediation, and the grievance process, and staffs a toll-free line so that state employees and agency management may confer with trained department staff about workplace problems.

Individual agencies are also beginning to address some of the concerns related to workplace violence with their own agency programs. For example, the Virginia Department of Transportation has a comprehensive program for their agency to address problems that may lead to workplace violence. Through their safety office they track employee problems and provide resources to aid employees who are having problems in the work environment. Employees who need other services to help them cope with difficulties they have that are affecting their work are evaluated and provided assistance as appropriate. The program also includes a crisis management team that is responsible for responding to incidents that have escalated to a point where the potential for imminent violence exists.

Some occupations throughout state government are also subject to testing and pre-employment screening that can identify problems that can result in workplace violence if not addressed. Drug and alcohol testing and pre-employment background checks are two examples of these screenings.

Recommendations

The committee found that the threat of workplace violence against Commonwealth employees is significant. The committee further concluded that the cost associated with workplace violence is substantial. Therefore, the committee determined that action by the Commonwealth to reduce the incidents of workplace violence against its employees is warranted. The committee recommends that the Commonwealth establish a comprehensive, statewide workplace violence prevention program for state government.

The various programs that exist in state government today provide much of what is needed for a workplace violence prevention program for the Commonwealth. But, these programs may be limited to certain agencies, restricted by available resources, or unknown to other agencies in the Commonwealth. To address these limitations, the committee recommends that a new unit be created within the Office of Workers’ Compensation in the Department of Human Resource Management. This unit would identify the existing resources within the state and serve as a clearinghouse for all information on workplace violence. Any agency could contact this unit to seek direction and information on the resources that are available to help them. In addition, the unit would establish a workplace safety website to provide information on the available resources.

The workplace violence problem can also be addressed through training and enhanced policies and procedures for each agency. Each agency should be directed to develop a brief and simple policy on workplace violence, followed by employee orientation and training on the policy. This education on workplace violence is a key to the success of reducing the incidence of it. Concomitant with these policies and training is establishment of an avenue available to all employees and supervisors to address problems before violence arises. The committee recommends implementation of a statewide employee assistance program available to all state employees to provide assessment of employee problems and to refer the employee to the appropriate place to resolve them. The program would also provide assistance for supervisors in addressing any problems that arise and be a resource in a critical incident.

Research on workplace violence prevention indicates that drug testing and pre-employment background/criminal history checks are viable methods to identify problem areas which can lead to workplace violence incidents. The committee did not have the time or resources to study all of the procedural and legal aspects of these two programs. Therefore, the committee recommends that an additional study be conducted to determine the viability of establishing uniform drug testing and background/criminal history check programs for state government agencies. The study should address the use of all types of drug testing including pre-employment, post accident, post injury, random and reasonable suspicion drug and alcohol testing. Also, the study should address the use of pre-employment background/criminal history checks for new hires and contract employees.

The final recommendation is for a state interagency steering committee to be formed to assist the workplace violence prevention unit in its mission and to provide guidance regarding future workplace violence prevention initiatives and programs.