COMMENT DUE DATE:
December 11, 2013
DATE:
November 27, 2013
Kevin Sharp, HRMS (405) 521-6829
Dena Thayer, OIRP Programs Administrator, (405) 521-4326
Nancy Kelly, Oirp Policy Specialist, (405) 522-6703
RE:
Non-APA WF 13-Y
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is December 20, 2013.
SUBJECT:
DHS:2. ADMINISTRATIVE COMPONENTS
SUBCHAPTER 15. RISK AND SAFETY MANAGEMENT
PART 7. SAFETY MANAGEMENT
OKDHS:2-15-52. Workplace violence [AMENDED]
RE:WF 13-Y
SUMMARY:DHS:2-1-52. Workplace violence is revised to include bullying.
SUBCHAPTER 15.RISK AND SAFETY MANAGEMENT
PART 7. SAFETY MANAGEMENT
OKDHS:2-15-52. Workplace violence
Revised 9-15-0712-20-13
(a) Policy.The Oklahoma Department of Human Services (OKDHS) promotes a safe workplace environment for employees.Violence, threats of violence, harassment, intimidation, bullying, and other disruptive behavior is prohibited.
(1) An employee who inflicts physical or emotional harm, threatens to harm, or intentionally damages the property of other employees, volunteers, clients, or vendors is disciplined per OKDHS regulations and may be referred for criminal prosecution.
(2) Discipline for violation of this Section may include discharge from employment and other penalties as provided by law.
(b) Definitions.The following words and terms, when used in this Section, shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Covert violence" means menacing actions, such as, but not limited to:
(A) stalking;
(B) blocking one's passage;
(C) making indirect or veiled threats; or
(D) displaying a weapon or object that can be used as a weapon in an offensive or threatening manner.
(2) "Overt violence" means:
(A) an illegal or criminal act whose purpose or effect is to inflict harm;
(B) a deliberate act that results resulting in physical harm to another;
(C) deliberately touching another without consent;
(D) deliberately damaging property of an OK a DHS employee, volunteer, client, or vendor;
(E) a physical or verbal act of aggression that causes another to experience continuing emotional distress, could be reasonably expected to cause emotional distress in others, and does not have a legitimate purpose; or
(F) a verbal or nonverbal expression that communicates the intent to coerce or inflict harm.; or
(G) bullying either verbally or physically whether verbal or physical, and intentionally or unintentionally.
(3) "Threat of violence" means the expression of intent to cause physical or emotional harm, regardless of whether the party communicating the threat has the ability to carry it out.Threats of violence include written, verbal, or behavioral messages that explicitly or implicitly communicate or demonstrate the intent to inflict harm or instill fear.
(4) "Universal precautions for violence" means preparations that avoid or mitigate violence, and, at a minimum, include establishing "employee only" areas in each facility or office.
(A) Persons not assigned duties in those locations are denied entry unless given advance approval by the local administrator or county director.Designated employees for the facility or office issue passes in writing.
(B) Entrances and exits are clearly posted "Employees Only."
(5) "Violence" means an act or threat where there is potential for the infliction of physical or emotional harm to an actual or intended target that includes, but is not limited to, OKDHS property or the person or property of an OK a DHS employee, volunteer, client, or vendor.
(6) "Weapon" means a club, knife, gun, or other device or instrument that has the potential or is intended to be used to commit for violence.
(7) "Workplace" means a location, site, or locality where one or more OKDHS employees are present while on duty, and includes, but is not limited to, OKDHS offices, client residences, or areas where OKDHS employees perform assigned work duties.
(8) "Workplace violence" means an act or threat of violence by a person that occurs at, or directly affects, the workplace.
(c) Weapon possession. Weapons of any kind are prohibited in OKDHS offices and break areas under OKDHS partial or total control, management, supervision, or responsibility.
(1) Posted notice.Signs are posted at each entrance into all OKDHS offices and facilities stating, "No weapons are allowed."
(2) Concealed weapons.
(A) Concealed weapons carried by any person having a valid concealed handgun license pursuant to Section 1277 of Title 21 of the Oklahoma Statutes are prohibited.
(B) Properly authorized weapons carried by certified police, security officers, or OKDHS commissioned investigators are not prohibited.
(3) Violation.Unauthorized possession, display, or use of a weapon by an OK a DHS employee inconsistent with OKDHS regulations is considered an act or threat of violence and responded to in accordance with OK per DHS regulations.
(d) Local response plans.When there is an act or threat of violence, such as a report of a bomb or hostage, the OKDHS office or facility activates the Emergency Operations Plan. All acts or threats of violence are responded to in accordance with OK per DHS regulations.
(1) All employees have a duty and responsibility to immediately make a verbal report of any act or threat that constitutes or could result in workplace violence.
(2) All employees who acquire knowledge of violence in the workplace are responsible for providing, by e-mail email or memo, a narrative report to the local administrator or county director prior to the end of the shift or workday, outlining who, what, when, where, and how.
(f) Investigation.The local administrator or county director promptly investigates and reports all incidents using Form 23RS008E, Workplace Violence Incident Checklist, to the Support Services Division (SSD) Risk and Safety Management Unit risk manager and Human Resources Management Division Services (HRMDS) director.
(1) Appropriate responses are immediately initiated.Responses may include, but are not limited to:
(A) contacting local law enforcement;
(B) providing the employee with written notification to cease and desist;
(C) applying corrective discipline;
(D) referring the employee for a fitness for duty medical examination;
(E) referring the employee to the Employee Assistance Program (EAP); or
(F) applying extraordinary security measures.
(2) The Risk and Safety Management Unit conducts a thorough investigation of all incidents.
(3) Duties of any employee under investigation for a workplace violence incident are suspended in accordance with per Merit Rule:
(A) Oklahoma Administrative Code (OAC) 530:10-15-50 which provides up to 32 hours of administrative leave as a cooling-off period; or
(B) OAC 530:10-11-120 which provides that permanent employees may be suspended with pay for up to 20 working business days for internal investigation until the matter has been is fully investigated.
(g) Duty to warn.
(1) A supervisor who has with knowledge of an impending act or threat of violence must immediately notify the targeted employee and take all reasonable actions possible to prevent in accordance with OK it per DHS regulations.
(2) An employee who has with knowledge of an impending act or threat of violence and fails to report it is subject to disciplinary action.
(3) An employee who has applied for or obtained a protective order must immediately notify the his or her supervisor.The supervisor facilitates enforcement of the order within the employee's workplace for the protection of the affected employee and others those in the workplace.
(h) Responding.The response to an act or threat of violence is described in this subsection.
(1) Informal.Invalid threats of violence may be responded to informally by the local administrator or county director.Consultation with the OKDHS Crisis Management Team (Team) is optional, as determined by the local administrator or county director.
(A) The response may include any appropriate level of progressive discipline deemed appropriate.
(B) All involved parties are referred to the Employee Assistance Program (EAP).
(2) Formal.Acts of workplace violence or valid threats of workplace violence, for which there is a reasonable expectation that the threat could result in harm to others, are responded to formally.
(A) The local administrator or county director:
(i) takes immediate steps to ensure the safety of the workplace and employees, volunteers, clients, or vendors; and
(ii) notifies the OKDHS risk manager and HRMDS director.
(B) Local or state law enforcement is requested to respond to any act of violence or threat of violence, when deemed appropriate by the local manager.
(C) The employee who commits the act or threat of violence is removed from the workplace in accordance with per Merit Rule OAC 530:10‑15‑50.
(i) Merit Rule OAC 530:10-15-50 provides an employee up to 32 hours of administrative leave as a cooling-off period.
(ii) Merit Rule OAC 530:10-11-120 provides that a permanent employee may be suspended with pay for up to 20 working business days for internal investigation.
(D) The local administrator or county director and HRMDS director determine the personnel actions taken when an employee commits an act or threat of violence.
(E) An employee who commits an act or threat of violence is not permitted to return to work without the joint approval of the Team and the appropriate executive team member.
(i) Notification.The target of the threat of violence is immediately notified verbally and in writing on OKDHS letterhead of the nature and severity of the threat and the precautions implemented by OKDHS in response to the incident.An employee who remains at risk as a result of an act or threat of violence is advised of any continuing harm and the steps taken to mitigate the risk.The local administrator or county director:
(1) notifies the target of the threat of violence and of the actions taken to correct the behavior of the perpetrator.The written notification:
(A) is sent to the target within five working business days after the incident is addressed; and
(B) does not include confidential information or information that is considered sensitive or protected under an employee's rights to privacy as provided for under federal, state, or OKDHS laws, rules, or regulations; and
(2) sends a copy of the written notification to the OKDHS risk manager and the HRMDS director within five working business days after the incident occurred.
(j) Fitness for duty medical examination.An employee whose behavior constitutes a serious threat to others at work may be required to submit to a mental health examination to determine current fitness for duty.The affected local administrator or county director consults with the Team to make this determination.When the Team determines a fitness for duty medical examination is required, the risk manager completes Form 23RS009E, Request for Fitness for Duty Medical Examination.
(1) The employee referred for fitness for duty medical examination must sign Form 23RS010E, Order for Fitness for Duty Medical Examination.
(2) OKDHS pays the costs of the fitness for duty medical examination when OKDHS requires the employee to be evaluated by a DHS selected psychologist or physician selected by OKDHS.With OKDHS approval, the employee may select the psychologist or physician and must pay all costs incurred.
(3) Failure of the affected employee to comply with the examination or cooperate with the evaluator will be is deemed insubordination and is grounds for disciplinary action, up to, and including discharge.
(k) Training.
(1) The Risk and Safety Management Unit assists divisions in training workshops on workplace violence that at a minimum, include, at minimum:
(A) universal violence precautions for violence;
(B) OKDHS workplace violence prevention policy;
(C) field safety policies and procedures for field safety;
(D) recognizing and managing escalating hostile behavior;
(E) reporting and recordkeeping; and
(F) policies and procedures for obtaining medical care, Workers' Compensation, or legal assistance after a violent incident.
(2) Each division is responsible for providing all employees with DHS workplace violence OKDHS policy upon entry on duty.Divisions present refresher workplace violence training to all staff annually.
(l) OKDHS Crisis Management Team (Team).The Team:
(1) provides overall guidance to OKDHS in responding to safety concerns and acts or threats of workplace violence;
(2) serves as a resource to OKDHS in the implementation of the workplace violence reduction program;
(3) may address specific issues or acts or threats of workplace violence to ensure the employee, volunteer, client, and vendor safety and continued compliance with regulations in this Part;
(4) consists of:
(A) the OKDHS risk manager, who is the Team chairperson and makes appointments to the Team;
(B) the HRMDS director;
(C) the OKDHS Legal Division Services general counsel or his or her designee;
(D) a representative from the affected office or facility; and
(E) other persons serving as a resource resources to the Team;
(5) membership list is posted on the Risk and Safety Management Unit Web site website;
(6) meets:
(A) quarterly;
(B) in response to an incident upon request of the local administrator or county director; and
(C) as requested by an Executive Team member or designee;
(7) makes recommendations regarding a workplace incident, including:
(A) fitness for duty;
(B) conditions and requirements for return to work;
(C) referral to EAP referrals;
(D) referral for mediation referrals;
(E) debriefing; and
(F) ongoing workplace safety;
(8) consults with and serves as a resource to OKDHS by:
(A) reviewing incidents;
(B) identifying trends;
(C) developing prevention plans;
(D) providing training; and
(E) making recommendations for program improvement to executive staff; and
(9) collects, compiles, and annually reports data annually to the OKDHS Director.The annual report includes a summary of the incidents that occurred, actions taken, and recommendations.
