HR - Workplace Violence Prevention Program (WVPP) - CA (Interim)

Request for Employee Involvement

In compliance with California Labor Code sections 6401.7 and 6401.9, Emerson College (“Emerson”) is creating a Workplace Violence Prevention Program (“WVPP”) for its Los Angeles Campus at 5960 Sunset Boulevard, Los Angeles, CA 90028.

As Emerson prepares its WVPP, it requests that employees review the WVPP and provide any initial input on hazards, workplace violence, or threats of workplace violence. You may share your input with Timothy Chang, Associate Vice President and Chief Operations Officer and the WVPP’s Program Administrator by email at timothy_chang [at] emerson.edu (timothy_chang[at]emerson[dot]edu). Please provide input by August 2nd, 2024.

Employees are encouraged to provide feedback regarding workplace violence,the WVPP, and ways to improve either the plan or the training.

Overview

The goal of Emerson College’s Workplace Violence Prevention Program (WVPP) is to establish and maintain an effective plan to protect employees from workplace violence.  The WVPP communicates Emerson’s policy on workplace violence matters and identifies who is responsible for implementing the plan and accepting and responding to reports of workplace violence. The WVPP applies to all employees located at the Los Angeles campus, located at 5960 Sunset Boulevard, Los Angeles, CA 90028 (Emerson LA).

Responsibilities

Timothy Chang, Associate Vice President and Chief Operations Officer will be the Program Administrator.  In this capacity, they are responsible for overseeing the WVPP and ensuring that all requirements are fully implemented at Emerson LA. They can be contacted by phone at 323-952-6217 or by email at timothy_chang [at] emerson.edu (timothy_chang[at]emerson[dot]edu).

Jamie Montgomery-Hyde, Chief Human Resources Officer will be the Custodian of the policy and is responsible for maintaining and updating the policy language and training and ensuring the Workplace Violence Prevention Program is fully implemented at Emerson LA. They can be contacted by phone at 617-824-8580 or by email at jamie_montegomeryhyde [at] emerson.edu (jamie_montegomeryhyde[at]emerson[dot]edu).

Additionally, all managers and supervisors are responsible for implementing and maintaining the WVPP in their work areas and for answering employee questions about the plan. All employees, managers, and supervisors alike, are responsible for following and promoting the plan as well.

Access

Employees can find a copy of the WVPP at emerson.edu/policies. Employees also have access to training materials and the reports of workplace violence incidents through the Human Resources Department, electronically or in hard copy.  The plan is also available to authorized employee representatives and representatives of Cal/OSHA at all times.

Definitions

Workplace Violence Per Labor Code Section 6401.9: The WVPP establishes company policy regarding workplace violence. Labor Code section 6401.9 defines acts of workplace violence events to include four major types. A single act of workplace violence may fall into more than one type of violence, described below. 

• Type 1 Violence – Workplace violence committed by a person who has no legitimate business at the worksite. This includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime.
• Type 2 Violence – Workplace violence directed at employees by someone who has legitimate business at the worksite, such as clients, vendors or invited visitors.
• Type 3 Violence – Workplace violence against an employee by a present or former employee, supervisor, or manager.
• Type 4 Violence – Workplace violence committed in the workplace by a person who does not work at Emerson but has or is known to have had a personal relationship with an employee.

Other Definitions.

• Best Practice – A technique, method, process, or activity that is more effective at delivering a particular outcome.
• Conflict resolution – The process of attempting to resolve a dispute or conflict before it starts or leads to verbal or physical fighting.
• Community violence – Violence that happens between unrelated individuals, who may or may not know each other, generally outside the home. Examples include assaults or fights among groups and shootings in public places, such as schools and on the streets.
• Emergency - Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons at the Emerson.
• Hazard – A risk factor that increases the chance of a harmful event related to workplace violence occurring.
• Intervention – Effort (e.g., action, activity, program, policy change) to change knowledge, attitudes, and behaviors after a problem has been identified.
• Preventative Measures – The actions and conscious inactions that increase the probability that people will choose nonviolent behaviors that are productive and socially acceptable.
• Prevention – Effort (e.g., action, activity, program, policy change) to change norms, knowledge, attitudes, and behaviors to prevent a negative outcome.
• Risk – The possibility of a harmful event associated with violent/aggressive behavior occurring.
• Serious injury or illness - Any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers any serious degree of permanent disfigurement,
• Threat of violence - Any verbal or written statement that could be reasonably perceived to convey an intent to cause physical harm or to place someone in fear of physical harm, and which serves no legitimate purpose. Threats of violence can come in the form of verbal, written, or electronic communications, including gestures, behavioral or physical conduct, letters, texts, electronic messages, social media messages, or online posts, among other forms of communications. Threats of violence may express or implied.
• Workplace violence log – The log that records any threats, incidents, or act of workplace violence that occur at Emerson.
• Workplace violence prevention plan – The plan to address threats or incidents of workplace violence at Emerson, including with procedures of training, compliance, communications, and reporting.

Instruction

Identification of Hazards

Workplace violence hazards are factors which have been shown to, or that may contribute to the risk of violence in the workplace. Although it is not possible to identify every situation that might result in workplace violence, Emerson has conducted an initial assessment of potential hazards. Employees are also encouraged to report a hazard or potential hazards as soon as possible after it is identified.

Potential hazards that exist in the workplace, include but are not limited to:

This section will continue to be customized according to employee feedback.

• Working alone.
• Working at night and during early morning hours.
• Walking to and from the parking garage or parking structures.
• Entering or exiting the elevator with strangers.
• Engaging with unknown people entering the building (including for deliveries.)
• Receiving or opening unknown or unexpected packages.
• Working in high stress situations or with highly sensitive employees, students, community members, or the public.
• Interacting with an individual who displays common precursors to violent action, including:
  • Verbal abuse or disrespect,
  • Angry tone or body language, or
  • Uncivil, aggressive, or bullying behavior.

Preventative Measures for Workplace Violence

Emerson has identified preventative measures that may correct or reduce identified workplace violence hazards in the workplace.

These measures, include but are not limited to:

This section will continue to be customized according to employee feedback.

• Requiring each person entering the College to use an Emerson College ID card or Guest Badge to enter through the security desk, and all buildings.
• Controlling access within the workplace, with door locks, entry codes, and badge readers.
• Establishing procedures for employees to identify visitors and report suspicious persons, activities, and packages.
• Maintaining 24-hour contract security officers on campus, from Allied Universal,
  • Who constantly perform interior and exterior patrols and security checks in all areas of the complex, the parking garage, surrounding walkways and common areas.
• Maintaining an emergency alarm system, located next to fire extinguishers and inside elevators.
• Utilizing a state-of-the-art Emergency Notification System (ENS) called Rave to send Emerson Alert messages to students, faculty, and staff in the event of an emergency or school closure.
  • When activated, this program simultaneously sends voicemail messages to individuals by telephone (both landline and cellular), text (SMS), and email. Visit [Emergency Management] for more information about ENS.
• Participating in an emergency building evacuation drill to a designated safe area, twice a year.
• Posting emergency services contact information in high volume spaces, including in [staff breakrooms, facilities supply closets, or faculty lounges.].
• Posting evacuation routes at the exits, including at [every stairwell, every elevator bay in the east and wet towers, and the front security desk].
• Utilizing surveillance cameras in the interior and exterior of the building and inside of the elevators to dissuade criminal activity.
• Providing additional training or re-training on the WVPP as requested or as needed.

Additional preventative measures regarding general crime prevention, including safety advice are available at emerson.edu/departments/police/staying-safe.

Training

All-Employee Measures

To further combat both identified hazards and the possibility of workplace violence, all employees, including managers, and supervisors, shall have training and instruction on general and job-specific safety practices.

Training and instruction will be provided:

• When the WVPP is first established, and annually thereafter.
• During new employee onboarding.
• Whenever any new workplace hazards are identified, as needed.
• On a case-by-case basis, as needed.

Fully remote employees of Emerson are not required to complete training, but are encouraged to do so.

Compliance

All employees, including managers, and supervisors, must comply with the WVPP.  To ensure compliance, Emerson will engage in the following:

• Documenting training for each employee, including the employee’s name and training completion date, in their human resources file.
• Periodically evaluating the safety of the workplace.
• Recognizing employees who perform safe and healthy work practices.
• Providing training to employees when additional guidance is needed.
• Disciplining employees for failure to comply with the WVPP.

Procedures

Communication

Open, two-way communication between employes and management about workplace violence issues is essential to a safe and productive workplace. Each employee plays a key role in identifying potential risks, reporting incidents, and keeping the workplace at Emerson safe. Proactive participation contributes to personal well-being, community well-being, and the overall success of the workplace.

If you see something, say something. Do not wait until crimes occur or problems get out of control.

Best Practices

This section will continue to be customized according to employee feedback.

• Keep an eye out for potential warning signs.
• Be aware of your surroundings, who is near you, and what they are doing.
• If you observe something that should be reported, obtain as many details as possible.
• If you feel threatened, cross the street, enter a business establishment, or otherwise seek the safety of having other persons around you.
• If you feel threatened, do anything you can to bring attention to your situation to the best of your ability. 
• Most importantly trust your instincts and use common sense. If something feels wrong, more times than not, your instincts will be correct.
• In the event of an emergency, remain calm.
• Ensure your safety before you help others.

Responding to Workplace Violence

All employees are responsible for performing an ongoing assessment of their work areas for hazards, workplace violence, or threats of violence, and must report them promptly to the Human Resources Department by doing the following:

This section will continue to be customized according to employee feedback.

1. Navigate to the Human Resources website to report concerns.
2. Report hazards, workplace violence, or threats of violence that you are directly or indirectly aware about, with as many details as possible.
3. Provide contact information for additional follow up, including regarding your safety or the safety of other employees at Emerson. You may also report hazards or threats of violence anonymously.
4. Permit the Program Administrator and their support team to respond or investigate the concerns, as appropriate.

In the event of a life-threatening emergency please call 911 immediately.

Then, notify the Program Administrator, or any manager or supervisor as soon as possible.

Depending on the nature of the hazards, workplace violence, or threats of violence, please refer to the contact information for local emergency services, posted in the common areas, like the breakroom.

• Allied Universal Security: 323-952-6211
• Hollywood, Los Angeles Non-Emergency Police Response: 877-275-5273
• Los Angeles Fire-Rescue Department: 213-978-3800
• California Poison Control: 800-222-1222

Reporting Workplace Violence

Employees are advised to report any workplace hazards, workplace violence, or threats of violence, without fear of any reprisal or adverse action to the Program Administrator, Timothy Chang, Associate Vice President and Chief Operations Officer, by phone at 323-952-6217 or by email at timothy_chang [at] emerson.edu (timothy_chang[at]emerson[dot]edu). 

Managers and supervisors must inform the [Program Administrator or Human Resources] within one business day of learning of any workplace hazard, workplace violence, or threat of violence. 

Any workplace hazard, workplace violence, or threat of violence that is on ongoing emergency or requires medical treatment must be reported as soon as possible.

Anonymous Reporting

Emerson has also implemented an anonymous reporting system for employees to hazards or threats of violence. If an employee prefers to report hazards anonymously, they may do by phone line 855-659-7662 or by electronically at the Human Resources website. Actual workplace violence must be reported directly to the Program Administrator or Human Resources.

Protection Against Retaliation

Employees should report hazards, workplace violence, or threats of violence without fear of reprisal or adverse action.  Emerson prohibits retaliation against employees for reporting workplace violence or other threats or hazards. For more on anti-retaliation policies see https://emerson.edu/policies.

Post-incident Response

When a hazard, workplace violence, or threat of violence is identified or reported, an assessment will be done to determine appropriate next steps.  Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based on the severity of the hazards.  This is the responsibility of the Program Administrator.

The Program Administrator or Office Administrator will:

• Contact the person who reported an incident, as appropriate.
• Ensure employee seeks timely, appropriate, authorized treatment, if needed.
• Provide information to any injured or ill employee about worker’s compensation benefits, if applicable.
• Direct injured employee to an authorized treatment center and provide information on the Workers’ Compensation process. 
• Ensure that an adequate investigation occurs and complete Violent Incident Log, as needed.
• Immediately report to Cal/OSHA any serious injury or illness, or death (including any due to Workplace Violence) as required by California Code of Regulations, Title 8, Section 342(a).

The manager or supervisor will: Report any hazard, workplace violence, or threat of workplace violence and related illness or injury to the Program Administrator or Office Administrator they identify or become are aware of, within 24 hours.

The employee will:

• Report any hazard, workplace violence, or threat of workplace violence and related illness or injury to their manager, supervisor, or Program Administrator, whether it happened to the employee or a co-worker whose accident the employee witnessed.
• If applicable, report back to Human Resources following authorized treatment with a completed copy of the Medical Referral form, to meet the strict time periods in which all worker compensation claims must be reported.

Appropriate Medical Treatment

In the event that an employee is injured due to workplace violence, employees are entitled to receive timely and appropriate medical treatment. All needed medical care shall be provided through workers compensation.

Investigation

Upon becoming aware of or receiving a report related to a hazard, workplace violence, or threat of violence, the Program Administrator will investigate, as needed by doing the following:

• Visiting the scene as soon as possible.
• Interviewing involved workers, witnesses, or other parties.
• Obtaining and reviewing relevant documents or data.
• Taking photographs, samples or retaining physical items, if appropriate, and document the findings and actions.
• Alerting employees of the presence, location, and nature of hazard, workplace violence, or threat of violence, to prevent further harm.
• Alerting employees to evacuate or shelter.
• Examining hazards associated with the incident.
• Determining the cause of the incident.
• Contacting law enforcement or emergency services, as needed.

At the conclusion of the investigation, Human Resources will take corrective as appropriate based on the outcome of the investigation. These steps may include:

• Take corrective action to prevent the incident from reoccurring, including termination of employment.
• Providing updates of the status of investigation or corrective actions to employees.
• Providing additional training.
• Counsel and/or discipline employees for failing to comply with the WVPP or any other policy that has been found to have been violated.

Recordkeeping

Violent Incident Log

Details of an incident of workplace violence will be recorded in the workplace violence log, using the Violent Incident Log, and containing information required by Labor Code section 6401.9 (d), such as:

• The date, time, and location of the incident.
• The workplace violence type or types involved in the incident.
• A detailed description of the incident.
• Who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, authorized visitor, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
• The circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
• Where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
• Resulting injuries, if any.
• Whether security, law enforcement, or other emergency services were contacted and their response.
• Who completed the Violent Incident Log.

The report will further specify whether the nature or characteristics of the incident involved, as required by Labor Code section 6401.9 (d)(2)(G), such as:

• Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
• Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
• Threat of physical force or threat of the use of a weapon or other object.
• Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
• Animal attack.
• Or other.

The report will also specify consequences of the incident, including, but not limited to:

• Whether security or law enforcement was contacted and their response.
• Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident.
• Information about the person completing the log, including their name, job title, and the date completed.

Other Records

Emerson will create and maintain training records for a minimum of one (1) year.  These records will include training dates, contents or a summary of the training sessions, names and qualifications of the persons conducting the training, and names and job titles of all persons attending the training sessions.

It will also create and maintain records of workplace violence hazard identification, evaluation, and correction, for a minimum of five (5) years.

Workplace violence logs will be created and maintained for minimum of five (5) years. Records of workplace violence incident investigations shall be maintained for a minimum of five (5) years.

Records shall not contain medical information per California Civil Code Section 56.05(j).  Personal identifying information including names, addresses, telephone numbers, social security numbers and medical information will be omitted from the Violent Incident Log.

All records of training, workplace violence hazard identification, evaluation and correction, incident logs and workplace violence incident investigations  shall be made available to Cal/OSHA upon request for examination and copying.

WVPP Review and Employee Involvement

The WVPP was created by employees for employees. It shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.  The plan and training may also be periodically subject to review as deemed necessary and appropriate to protect the health and safety of employees. 

Employees are encouraged to provide feedback regarding workplace violence, the WVPP, and ways to improve either the plan or the training.

Date of Last Review: July 2024
Date of Last Revisions: July 2024

Violent Incident Log

This form must be used for every workplace violence incident that occurs at the Emerson College Los Angeles Campus located at 5960 Sunset Boulevard, Los Angeles, CA 90028. Information recorded for each incident shall be based on witness statements, investigation findings, or information solicited from the employees who experienced the workplace violence.

When this information is entered into the Workplace Violence Log, the Program Administrator shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the person's name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the person's identity. 

Log Form Fields and Selections

• General Details
  • Date of Incident
  • Time of Incident 
  • Location(s) of Incident
  • Violence Type (per Incident): 1, 2, 3, or 4 (circle one)
  • Nature of characteristic of incident:
    • Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
    • Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
    • Threat of physical force or threat of the use of a weapon or other object.
    • Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact.
    • Animal attack.
    • Other.
    • Additional explanation (to be filled in)
  • Please provide a detailed description of the circumstances of incident. Include what was happening at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location. Continue on separate sheet if necessary. (to be filled in)
  • Workplace violence committed by: (to be filled in)
    • (To maintain confidentiality, only include the classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.)
• Consequences of Incident
  • Were there any injuries? If so, describe. (Yes/No)
  • Did the severity of the injuries require reporting to Cal/OSHA? If yes, provide the date and time reported, and the name of the Cal/OSHA representative contacted. (Yes/No)
  • Was security contacted? If so, include details, including response. (Yes/No)
  • Was law enforcement contacted? If so, include details, including response. (Yes/No)
  • Were other emergency services contacted? If so, include details, including their response. (Yes/No)
  • Was there any employee discipline? (Yes/No)
  • What actions are being taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident? (to be filled in)
  • Any additional consequences? (to be filled in)
• This Violent Incident Log was completed by: (to be filled in)
  • Name:
  • Job Title:
  • Signature:
  • Date:
• Check this box when this Violent Incident Log is provided to the employer. (to be checked)
  • Received by:
  • Date received: