PAOSHA CONSULTATION PROGRAM Welcome Workplace Violence Will begin

PA/OSHA CONSULTATION PROGRAM Welcome Workplace Violence Will begin at 10: 30 am Presented by: Shaun Mc. Ginnis, CSP Pennsylvania OSHA Consultation Office Phone: 800 -382 -1241 or 724 -357 -4095 Web: www. iup. edu/pa-oshaconsultation 1

PA/OSHA CONSULTATION PROGRAM Workplace Violence Webinar General Info Recorded Power. Point Presentation Audio only available using computer speaker Questions Chat is open to submit questions Due to the technical nature of most questions, chat questions will not be answered live Answers will be posted on our website within seven days after the webinar PA OSHA Consultation Program Website www. iup. edu/pa-oshaconsultation 2

PA/OSHA CONSULTATION PROGRAM Workplace Violence-Is there a problem? • Fatality Data Statistics – 2014 BLS Data - 4, 679 workplace fatalities • 409 workplace homicides – 83% were male – 32% were working in a retail establishment

PA/OSHA CONSULTATION PROGRAM Workplace Violence-Is there a problem? • Non-Fatal Data Statistics – 2014 BLS Data - 15, 980 Non-Fatal/Trauma resulting in Days Away from work • 67% were female • 69% worked in the healthcare and social assistance industry • 23% required 31 or more days away from work to recover, and 20% involved 3 to 5 days away from work

PA/OSHA CONSULTATION PROGRAM Types of Workplace Violence • Type 1 - Criminal Intent – No legitimate relationship to the business or its employees – usually committing a crime in conjunction with the violence (robbery, shoplifting, trespassing)

PA/OSHA CONSULTATION PROGRAM Types of Workplace Violence • Type 2 - Customer/Client/Patients – Violence directed at employees by customers, clients, patients – Others to whom the employer provides a service.

PA/OSHA CONSULTATION PROGRAM Types of Workplace Violence • Type 3 - Co-Worker – Violence by current or formal employee • Co-workers • Supervisors • Managers

PA/OSHA CONSULTATION PROGRAM Types of Workplace Violence • Type 4 - Personal – Violence in the workplace by • Someone who does not work there • Is known to, or has a personal relationships with, an employee.

PA/OSHA CONSULTATION PROGRAM Risk Factors • • Contact with the public Exchange of money Delivery of passengers, goods, or services Having a mobile workplace such as a taxicab or police cruiser • Working with unstable or volatile persons in health care, social service, or criminal justice settings

PA/OSHA CONSULTATION PROGRAM Risk Factors(cont. ) • Working alone or in small numbers • Working late at night or during early morning hours • Working in high-crime areas • Guarding valuable property or possessions • Working in community-based settings • Unrestricted movement of the public

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence • Workplace Violence Planning – Management Commitment – Identifying Risks/Worksite Analysis – Hazard Prevention and Control – Training – Evaluation

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence • Management Commitment – Provide motivating force to implement/recognize/control workplace violence – Establish zero tolerance policies (includes horseplay) – No reprisal for reporting of incidents – Encouragement of reporting violence or “threats” – Applies to employees and clients

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence • Identifying Risks/Worksite Analysis – Identify vulnerabilities- Keep in mind all 4 types of WPV – Analyze workplace security – Employee input – Trends of incidents – Problematic Behavior (employee or client)

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence Hazard Prevention and Control • Engineering Controls – Alarm Systems – Video surveillance – Lighting – Metal Detectors – Arrangement of work spaces – Emergency Phones – Locked Unused Doors- In accordance with local fire codes

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence Hazard Prevention and Control • Administrative Controls – Zero Tolerance Policies – Incident Reporting – Local Law Enforcement Relationships – Respond to all complaints – Training – Drills – Pre-Employment Screenings – Client Screenings

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence • Training – Trained on in house Workplace Violence Policy/Emergency Action Plan – Potential Hazards – Response and Controls – Awareness of behaviors (co-worker/clients) • Warning signs

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence Behavioral Warning signs- No real “profile” – Increase belligerence – Specific threats – Obsession with a previous grievance – Sensitive to criticism – Anger – Fascination with weapons – Changes in behavior – Homicidal/Suicidal comments or threats

PA/OSHA CONSULTATION PROGRAM Preventing Workplace Violence • Evaluation – Review Written Policy – Review of Reports – Trends in injury rates caused by violence – Review of Safety Meetings regarding WPV – Review of Drills/Corrective Actions/Improvements

PA/OSHA CONSULTATION PROGRAM OSHA and Workplace Violence • OSHA has no specific standard to address Workplace Violence – May utilize General Duty Clause-Section 5(a)(1) of the Act • Each Employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees

PA/OSHA CONSULTATION PROGRAM OSHA and Workplace Violence • OSHA has published directive CPL-02 -01 -058 – Types of Inspections for WPV • Complaint/Referral/Fatality/Catastrophic Event – Primarily for OSHA Identified High Hazard Industries • Programmed Inspections – If a specifically highlighted for issues – CO’s may expand inspections to include WPV

PA/OSHA CONSULTATION PROGRAM OSHA and Workplace Violence • High Hazard Industries – Healthcare and Social Service Settings • Hospitals • Residential Treatment -nursing homes, short /long term care • Non-residential Treatment Services- Clinics and mental health centers • Community Care-Group Homes • Field Work- Home Healthcare and Social workers

PA/OSHA CONSULTATION PROGRAM OSHA and Workplace Violence • High Hazard Industries – Correctional Facilities • Prisons/jails/detention centers (where OSHA has coverage under the Act) – Night Retail • Convenient Stores/Gas Stations – Taxi Driving

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 1 Serious Violation- Initial Penalty $7, 000 – The employer failed to protect employees from workplace violencerelated hazards. – On or before November 1, 2015, employees were providing services include assisting clients make meals, doing household chores and transport clients • A pregnant employee was hospitalized when she was kicked in the stomach • Review of OSHA Log revealed multiple incidents related to WPV

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 1 Feasible Abatement Methods – Create procedures for prompt response to clients with outbursts – Ensure staff members are available for prompt response – Create policy that violence is not tolerated and is conveyed to clients and family members – Mirrors in hallways and blind corners – Evaluate reports to identify trends

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 2 Serious Violation-Initial Penalty $12, 471 – The employer did not furnish employment and place of employment free of recognized hazards – On or before July 11, 2016, Nurses and metal health technicians who provide inpatient care to adolescents were exposed to hazards. • While preventing patients from harming themselves are exposed to serious injury from bites, bruises or strains and sprains.

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 2 Feasible Abatement Methods – Evaluation and Modification of Aggression Policy and WPV Policy • Clear written description of reporting • Clear written statement that employees will not be retaliated against for reporting • Info on how employees affected by WPV can see support

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 3 Willful Violation-Initial Penalty $70, 000 – The employer failed to protect employees from workplace violencerelated hazards. – On or before February 7, 2014, employees were exposed to violent assaults by patients and visitors including hitting, kicking, punching resulting in injuries. • Nurse was attacked while attending to a patient and was repeatedly kicked in the head resulting in severe brain injury.

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 3 Feasible Abatement Methods – Install alarm systems, panic buttons, etc. – Use closed circuit video recording for high risk areas – Enclose nurses stations – Secure furniture – Develop and implement a WPV policy – Implement and maintain root cause procedures.

PA/OSHA CONSULTATION PROGRAM OSHA Citation-Example 4 Failure to Abate Violation- Penalty $197, 730 – The employer failed to protect employees from workplace violencerelated hazards. – Employees were exposed to violent assaults by patients including choking, biting, pulling of the hair • Failed to implement settlement agreement • WPV policy, training and other measures failed to adequately address the hazards

PA/OSHA CONSULTATION PROGRAM Conclusion § Workplace violence is a serious hazard that must be addressed by employers § Multiple resources are available § PA OSHA consultation program can help

PA/OSHA CONSULTATION PROGRAM Conclusion § OSHA Consultation is a great service for PA employers § We often hear “this is OSHA’s best kept secret” § Repeat business… tells the story

PA/OSHA CONSULTATION PROGRAM OSHA On-site Consultation Program § Designed specifically for small-and medium-size businesses § 250 employees at a single site or 500 corporate wide § Priority assistance given to: ü employers in high-hazard industries ü involved in hazardous operations § Large business requests honored as well…but limited scope www. iup. edu/pa-oshaconsultation 32

PA/OSHA CONSULTATION PROGRAM No Citations, No Penalties § Different than OSHA enforcement § Citations for violations… are not issued § Penalties for violations… are not imposed § Employer Obligations ü Employer must agree to correct any “serious or imminent danger” hazards identified ü Must refer to OSHA Enforcement if employer refuses to correct hazards…very rare! www. iup. edu/pa-oshaconsultation 33

PA/OSHA CONSULTATION PROGRAM Costs and Savings §Free of charge §Avoided OSHA penalty and litigation costs §Reduced workers compensation costs §Minimized equipment damage and product losses One consultant identifies an average of 7 serious and otherthan-serious hazards, SAVING the employer approximately $87, 000 in OSHA fines per visit www. iup. edu/pa-oshaconsultation 34

PA/OSHA CONSULTATION PROGRAM Contact us • Pennsylvania OSHA Consultation Office 57 South 9 th Street Suite 305 Indiana, PA 15701 • Phone: 800 -382 -1241 • Social Media – Web: www. iup. edu/pa-oshaconsultation/ – Facebook: https: //www. facebook. com/Pennsylvania-OSHA-Consultation-Program 548810235234647/ – Twitter: https: //twitter. com/search? q=PA%20 OSHA%20 Consultation&src=savs 35

PA/OSHA CONSULTATION PROGRAM Questions Upcoming Webinar: OSHA Fatal Four April 20, 2018 Pennsylvania OSHA Consultation Office Phone: 800 -382 -1241 or 724 -357 -4095 Website: www. iup. edu/pa-oshaconsultation 36