Workplace Violence

Policy 4.39 (4.31) PUBLIC ADVOCACY Total Pages 4 POLICIES and PROCEDURES Original Date Issued: April 28, 1997 Last Revision Date: August 1, 2002 References KRS 18A 101 KAR 2:120 and 2:180 Employee Handbook Subject: 4.39 Violence and Drugs in the Workplace I. A growing concern among workers in both the public and private sector is safety from violence while at work. In response to this concern it is important that every employee be aware that threats of violence will not be tolerated. All threats, jokes or innuendoes pertaining to violence will be investigated. II. Examples of prohibited workplace violence shall include: a) Threats of harm; b) Brandishing or displaying a weapon or an object that looks like a weapon in a manner which would present a safety risk to a state employee or a member of the general public or threatens or intimidates them; c) Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing or by gesture; d) Stalking; e) Striking, slapping or otherwise physically attacking another person; and f) Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions which create a risk to the health or safety of a state employee or the public or threatens or intimidates them. III. Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution. IV. If a threat of violence occurs in the workplace, from employees or from customers, the supervisor must be made aware of the threat. If an incident of violence occurs at work it is important to provide employees in that work setting with psychological care within 24-48 hours by contacting either the Kentucky Employee Assistance Program at (502) 564-5788 or the Kentucky Trauma Response Team at (502) 875-5740.PUBLIC ADVOCACY POLICIES and PROCEDURES Policy 4.39 Page 2 V. Drugs and Alcohol A. The use of drugs or intoxicating beverages by employees during work hours is, of course, strictly prohibited. The Commonwealth does recognize that the habitual use of either of these constitutes a genuine medical problem, and that the offending party deserves a chance to seek professional assistance and voluntarily commit himself/herself to an appropriate rehabilitative course. Employees are encouraged to take advantage of the free counseling services offered by the Kentucky Employee Assistance Program (KEAP)Personnel Cabinet. The continued disruption of the employee's work as a result of drug or alcohol use may result in disciplinary action against the employee. B. Drug-Free Workplace 1. In 1988, the United States Congress enacted the Anti-Drug Abuse Act (P.L. 100-690) which requires recipients of federal funds to certify that they have met requirements designed to promote a drug-free workplace. In compliance with this Act, and at the direction of the Governor, all State employees are notified that: 2. The unlawful manufacture, distribution, dispensation, possession or use of any controlled substance is strictly prohibited in the workplace and any employee found to be in violation will be subject to disciplinary action by the Appointing Authority for misconduct which may include sanctions up to and including dismissal from state service, in accordance with State law. • The Personnel Cabinet will continue to improve drug-free awareness programs through Employee Assistance and in cooperation with State agencies to eradicate the dangers that drugs in the workplace create for our employees. Statesupported health insurance provides coverage for employees referred to or seeking treatment for drug and alcohol related problems. • Employees are notified that compliance with drug-free workplace requirements is a condition of continued employment with State Government. Each employee is obligated to report any conviction he or she receives as aPUBLIC ADVOCACY POLICIES and PROCEDURES Policy 4.39 Page 3 result of a violation of any criminal drug statute violation occurring in the workplace within five (5) days of such conviction. Failure to report a conviction may result in disciplinary action. Such a report is to be made to the employee's Appointing Authority and is required by federal law and the agency is obligated to report such conviction to the federal grantor within ten (10) days after it receives notice. • Employees found to be in violation of drug-free workplace requirements may face disciplinary action up to and including dismissal or may be required to satisfactorily participate in a drug abuse assistance or treatment program. 3. Employees who have questions concerning this directive are encouraged to contact their supervisor or the Personnel Cabinet's Employee Assistance Program at (502) 564-5788. VI. Guns in the Workplace The DPA has strict policies against the carrying of firearms, concealed or open, while on the job. A. All DPA attorneys, investigators, and other personnel must familiarize themselves with the Department's STRICT policy against the carrying of firearms, concealed or open, while on the job. B. Carrying of a concealed firearm is a misdemeanor (except for certain statutory exemptions which will usually not apply to DPA personnel). C. DPA will not be liable for the action of an employee with a firearm. D. Employee Safety Concern 1. In Court a. Should any DPA employee fear for his or her safety while in court, the appropriate actions which should be taken include conferring with the presiding judge, county sheriff and otherPUBLIC ADVOCACY POLICIES and PROCEDURES Policy 4.39 Page 4 security personnel to request additional security. All sheriffs have access to hand-held metal detectors which can be used to screen court observers for weapons. b. It is the job of the presiding judge and the sheriff to ensure security in the courtroom, and any fears or concerns in this regard will be addressed appropriately by them. c. Carrying a firearm in court, openly or concealed, with or without notice to court personnel, is not acceptable. 2. Out of Court a. Should any DPA employee fear for his or her safety outside of court (e.g. an investigator going to a potentially hostile location, an employee traveling alone through an isolated area), the matter should be addressed with the attorney making the request, and the directing attorney, so that appropriate safeguards can be taken. Carrying of a firearm should not be considered an "appropriate safeguard". b Each office should discuss and formulate a plan for situations that may arise within the office in which the safety of DPA employees or clients may be threatened. This should include a method for ready notice to, and response from, the local police agency.