SUBJECT:

Response to Workplace Violence and Workplace Domestic Violence

PAGE 1 OF 5 .

NUMBER: 31-SEM-08

ORC/OAC REFERENCE: ORC 5120.01

SUPERSEDES:

31-SEM-08 dated 03/19/2014

RELATED ACA STANDARDS:

EFFECTIVE DATE:

August 1, 2023

APPROVED:

AUTHORITY
Ohio Revised Code 5120.01 authorizes the Director of the Department of Rehabilitation and Correction, as the executive head of the department, to direct the total operations and management of the department by establishing procedures as set forth in this policy.
PURPOSE

The purpose of this policy is to outline steps necessary to respond to incidents of workplace violence and workplace domestic violence, to identify ways to support victims of workplace violence/workplace domestic violence, and to inform all employees that the Ohio Department of Rehabilitation and Correction (ODRC) has “zero tolerance” for violence in the workplace.
APPLICABILITY

This policy applies to persons employed by the ODRC, contractors, and volunteers providing a service to the ODRC, and visitors to any ODRC location.
DEFINITIONS

The definitions for the terms below can be found at the top of the policies page on the ODRC Intranet.
Definitions Link
- Aggravated Physical Violence
- Coercive Behavior
- Domestic Violence
- Non-Physical Violence
- Physical Violence
- Sexual Assault
- Sexual Harassment
- Temporary No Contact Order
- Workplace Domestic Violence
- Workplace Violence
- Workplace Violence Liaison
‌POLICY‌
It is the policy of the Ohio Department of Rehabilitation and Correction (ODRC) to enforce “zero tolerance” for violence in the workplace. Threats or acts of violence among persons employed by ODRC, contractors, and volunteers providing a service to the ODRC, and visitors to any ODRC location will not be tolerated. Any individual violating this policy shall be subject to disciplinary action and may be subject to legal action.
‌ODRC shall treat all victims of workplace violence and workplace domestic violence with respect while making every effort to protect victims of these issues by offering all available security measures. Further, all ODRC work sites shall cultivate an environment of openness and support so that victims of workplace violence and workplace domestic violence can report incidents without being embarrassed, threatened by loss of job, or afraid of not being taken seriously.
‌PROCEDURE

General Information
1. Posting of Policy
  A copy of this policy shall be posted on employee bulletin boards at each facility throughout the ODRC.
2. Workplace Violence Liaison
  1. Each facility and Adult Parole Authority (APA) region shall appoint one staff member to serve as the workplace violence liaison, in addition to their regular duties, as determined by the managing officer/designee. The workplace violence liaison shall be an exempt employee. The workplace violence liaison shall attend the specialized 4-hour training for workplace violence liaisons which will be provided by the Office of Human Resources EEO Section as soon as possible upon appointment as the workplace violence liaison.
  2. The workplace violence liaison shall be responsible for the following:
    1. Participate in discussions with the affected department about the handling of workplace violence/workplace domestic violence issues.
    2. Inform the Office of Human Resources EEO Section upon assignment of any investigation and/or discipline by providing a copy of the incident report and/or completed investigation and/or disciplinary paperwork.
    3. Provide resources in the event they may need additional assistance.
Prevention of Workplace Violence/Workplace Domestic Violence
1. A key component of preventing workplace violence is the identification and reporting of early warning signs, symptoms, and risk factors of potential workplace violence/workplace domestic violence.
2. Information shall be made available to employees on how to report & respond to workplace violence/workplace domestic violence (i.e., brochures, posters, etc.). This information should be maintained in locations of high visibility, such as bulletin boards and break rooms. A list of resources is provided in Appendix A.
Report of Workplace Violence/Workplace Domestic Violence Incidents
1. Any ODRC employee, contractor, intern, or volunteer who becomes aware of any potential or actual workplace violence or workplace domestic violence incident shall immediately report this information to their immediate supervisor verbally and in writing. If the supervisor is the source of the threat, the information shall be reported to the next available supervisor in the chain of command. The ODRC employee, contractor, or volunteer reporting an incident of workplace violence or workplace domestic violence shall do so according to the procedures outlined in the ODRC Policy 01-COM-08, Incident Reporting and Notification. All visitors of ODRC are encouraged to report any and all incidents in writing to the managing officer or the highest ranking official on duty.
2. All supervisors, regardless of job title or area of responsibility, shall make immediate verbal notification of any report of workplace violence or workplace domestic violence as soon as they become aware of a situation. This notification shall be made to the managing officer or the highest-ranking staff person on duty in a non-Operation Support Center facility. This verbal notification shall be followed with an Incident Report (DRC1000) per subsection VI.D.2 of this policy.
Response
1. Upon receipt of the initial notification of threat or actual workplace violence/workplace domestic violence the supervisor on duty shall determine if the reported incident falls under the policy definition of workplace violence/workplace domestic violence as well as the risk level associated with the reported incident. Guidelines for establishing recommended levels of risk are provided in the Workplace Violence Response Risk Chart (Appendix B).
2. If the supervisor on duty determines that the reported behavior could potentially be workplace violence/workplace domestic violence they shall take the following actions:
  1. Notify the managing officer, administrator of that department, or designee and follow additional direction provided. This shall be documented in the Incident Report (DRC1000).
  2. If the risk category is moderate or greater according to the Workplace Violence Response Risk Chart (Appendix B), issue a temporary no contact order and separate alleged perpetrator and alleged victim. This shall be documented in the Incident Report (DRC1000). Such decisions may impact the rights of bargaining unit members and in such cases a union representative should be consulted.
  3. Collect incident reports from all involved parties and witnesses.
  4. If the report contains allegations of physical contact, a medical exam of all involved parties should be conducted. If necessary, outside medical attention may be offered to the involved parties.
  5. Gather all documentation and prepare a summary of the incident using the Incident Report (DRC1000). Prior to the end of the supervisor’s work shift, submit this packet to the managing officer and the workplace violence liaison/designee.
3. The managing officer shall review incidents to determine if the incident warrants assignment to an administrative investigation, a referral to persons involved immediate supervisor for coaching/corrective action, or no further action. If warranted, the managing officer shall ensure an investigation is completed pursuant to ODRC Policy 09-INV-03, Special Investigations, and. All investigations shall be thorough and objective, and shall be conducted in compliance with applicable laws, regulations, and collective bargaining agreements. Upon completion of the investigation, copies of all results and documentation shall be provided to the managing officer and the workplace violence liaison/designee for submission to the Office of Human Resources EEO Section.
4. The workplace violence liaison/designee shall notify the Office of Human Resources EEO Section of all incidents that are assigned to administrative investigation for workplace violence and workplace domestic violence no later than the business day following the initial incident by providing a copy of the initial incident report.
  The role of the Office of Human Resources EEO Section shall be the following:
  1. To work with OVS when necessary to provide support either in person or via telephone to victims of workplace violence/workplace domestic violence.
  2. To maintain a database of all incidents of workplace violence/workplace domestic violence that will include details of the incident, date the incident was reported and when the investigation is completed.
  3. To maintain records of all incident reports, investigations, and discipline information in regard to workplace violence/workplace domestic violence incidents.
5. In all responses to workplace violence/workplace domestic violence, the confidentiality and autonomy of a reporting employee and the victim or survivor shall be respected by informing others only to the extent necessary to protect safety or comply with the law and/or applicable collective bargaining agreements. Whenever practicable, advance notice will be given to the reporting employee if the agency needs to inform others about a violence situation.
6. Incidents that are related shall be considered comprehensively when conducting any review of the incident.
7. In the event a violation of the Standards of Employee Conduct is determined through the investigation, the managing officer/designee shall determine the appropriate disciplinary action, which may include termination in accordance with applicable state law, Administrative Code, collective bargaining agreement, and/or Standards of Employee Conduct.
8. All employees who are involved in workplace violence/workplace domestic violence may be referred to the Ohio Employee Assistance Program.
Supporting Victims of Workplace Violence and Workplace Domestic Violence
1. An alleged victim of an actual or potential incident of workplace violence or workplace domestic violence shall be provided a packet of information by the workplace violence liaison to include, but not limited to the following information:
  1. Copy of ODRC Policy 31-SEM-08, Response to Workplace Violence and Workplace Domestic Violence.
  2. List of local community resources including rape crisis programs, domestic violence shelters, and any other crisis intervention programs including hotline information.
  3. Contact telephone number for their Personnel Office.
  4. Contact telephone number for the Ohio Employee Assistance Program
  5. Contact telephone number for the Office of Victim Services if needed.
  6. Contact name and telephone number for the workplace violence liaison, victim coordinator, and peer support unit in accordance with ODRC Policy 37-EAP-02, Employee Peer Support Program, at their location.
2. In the case where a victim has obtained a Civil Protection Order (CPO) and presented such to the managing officer, the stipulations in the order and/or Temporary Protection Orders (TPO) shall be adhered to at all times.
3. Employees who are considered to be victims of workplace violence or workplace domestic violence may need to develop a safety plan and may need special accommodations or adjustments to their work schedule, location, or working conditions in order to enhance their safety. The managing officer shall work with the Office of Human Resources EEO Section to determine if accommodations can be made. In addition, management shall use their discretion to grant a victim leave time for medical, court, or counseling appointments related to trauma and/or victimization.
4. Any alleged victim of an actual or potential incident of workplace violence shall be kept informed of the status of any investigation through its conclusion.

Attachments:

Appendix A Workplace Violence/Domestic Violence Resources Appendix B Workplace Violence Response Risk Chart Appendix C Employee Services Team Resources

Referenced ODRC Policies:

01-COM-08 Incident Reporting and Notification 09-INV-03 Special Investigations

37-EAP-02 Employee Peers Support Program

Referenced Forms:

Incident Report DRC1000

Appendix A

Appendix B

Workplace Violence Response Risk Chart

Act	Severity Level 1	Severity Level 2	Severity Level 3	Severity Level 4
Non-Physical Violence	Verbal Dispute with no threats	Harassment Intimidation Threat of Harm	Sexual Harassment Threat of Death
Physical Violence	Results in emotional harm	Slight Injury (Not requiring outside medical treatment)	Injury resulting in outside Medical Attention	Permanent Injury or Death
Domestic Violence	Results in emotional harm	Slight Injury (Not requiring outside medical treatment)	Injury resulting in outside Medical Attention	Permanent Injury or Death
Aggravated Physical violence		Attempted physical harm or non-injury physical harm	Severe physical harm	Permanent Injury or Death