WORKPLACE VIOLENCE B-210 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
EFFECTIVE DATE: 07-03-19 REVISED:
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: California Code of Regulations, Title 8, Sections 3204 and 3342; Labor
Code Sections 230, 230.1, 6400, 6401, 6401.7, and 6402; Civil Procedure
Code Section 527.8; Penal Code Sections 71 and 171(b); and Fresno County
Sheriff's Office policy#1004/Anti-Retaliation.
PURPOSE:
The purpose of this policy is to establish the Fresno County Sheriff's Office Jail Division's
Workplace Violence Prevention Plan. The intent of the Workplace Violence Prevention
(WVP) Plan is to protect employees (including contracted employees and volunteers)
from injury, psychological trauma or stress by placing a high priority on identification of
safety and security hazards and mitigation of potential risks. The Plan includes guidelines
for the management of a violent or potentially violent inmate who demonstrates behavior
that threatens or compromises safety to other inmates, visitors, and staff.
POLICY:
It is the policy of the Fresno County Sheriffs Office Jail Division to provide all employees
with a safe and healthful work environment.
All employees (including contracted employees and volunteers) are required to report any
acts of violence or potential risks of violence to their supervisor. Employees can report
any type of workplace violence without fear of reprisal. Employees will not be discharged
or discriminated against for reporting workplace violence incidents.
Any employee who is found to be responsible for threats of, or actual violence, or other
conduct that is in violation of this policy will be subject to prompt disciplinary action up to
and including termination of employment.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
PROCEDURES:
I. DEFINITION
WORKPLACE VIOLENCE — Means any act of violence or threat of violence that
occurs at the work site. The term workplace violence shall not include lawful
acts of self-defense or defense of others. Workplace violence includes the
following:
• The threat or use of physical force against an employee that results in, or
has a high likelihood of resulting in, injury, psychological trauma, or stress,
regardless of whether the employee sustains an injury.
• An incident involving the threat or use of a firearm or other dangerous
weapon, including the use of common objects as weapons, regardless of
whether the employee sustains an injury.
• The four major types of workplace violence are:
Type 1 - means workplace violence committed by a person who has no
legitimate business at the work site, and includes violent acts by anyone
who enters the workplace with the intent to commit a crime.
Type 2— means workplace violence directed at employees by customers,
clients, patients, students, inmates, or visitors or other individuals
accompanying a patient.
Type 3 — means workplace violence against an employee by a present or
former employee, supervisor, or manager.
Type 4 — means workplace violence committed in the workplace by
someone who does not work there, but has or is known to have had a
personal relationship with an employee.
II. RESPONSIBILITIES
A. The Jail Services Lieutenant is responsible for the oversight of the Fresno
County Sheriffs Office Jail Division's Workplace Violence Prevention
Plan.
1. The Jail Services Lieutenant is responsible for addressing and
correcting workplace violence hazards and other security concerns
identified, and reporting them to Jail Command Staff at the monthly
meetings.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
2. The Jail Services Lieutenant is responsible to review the effectiveness
of the Workplace Violence Prevention Plan at least annually, in
conjunction with employees and their representatives regarding the
employees' respective work areas, services, and operations.
Problems found during the review shall be corrected.
B. All Fresno County Sheriffs Office employees (including contracted
employees and volunteers) are required to report any acts of violence or
potential risks of violence that occur at the workplace. After an incident of
assault, violent, sexual or threatening behavior, staff shall:
1. Promptly notify their supervisor/manager and/or the facility sergeant.
2. Document the incident on a Workplace Violence Incident Report
(WVP-1 form). (Refer to Addendum A.)
a. Incidents resulting from interaction between inmates and Health
Services staff must also be documented in the inmate's electronic
record.
b. Type 1, 3 and 4 incidents involving correctional staff must also be
documented on an incident report via Offendertrak.
c. Type 2 incidents involving inmates and correctional staff are
excluded from the WVP documentation requirement. Such
incidents shall be documented in an incident report via
Offendertrak.
3. Verbally discuss and brief relieving staff.
C. It is the responsibility of managers and supervisors to make safety their
highest concern. When made aware of an incident of workplace violence
(or perceived threat of violence), management shall-
1. Ensure any employees injured in the incident receive immediate
medical care or first aid.
2. Take appropriate actions in response to the incident. If the incident
involves assault or battery against on-duty staff, or the use of a firearm
or other dangerous weapon, contact Fresno Sheriff Communications
and request that a deputy be dispatched.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
3. Ensure a thorough post-incident investigation is conducted and a
Workplace Violence Post-Incident Assessment (WVP-2 form) is
completed. (Refer to Addendum B.) The purpose of the investigation
is to identify the root cause of the incident. The investigation should
begin promptly and involve workers in the process.
4. Provide support for the employee and remind all employees affected
by the incident about the availability of the Employee Assistance
Program (EAP). EAP can provide individual trauma counseling and
critical incident stress management.
5. If the incident involved an inmate, ensure that:
a. Population Management has been notified to reassess the inmate
for possible reclassification and housing relocation.
b. The Charge Nurse has been notified to delineate a personalized
healthcare plan pertinent to the situation.
6. Ensure a post-incident debriefing is conducted as soon as possible
after the incident.
7. Forward the completed forms (i.e., WVP-1 and WVP-2) to the
PREA/WVP Sergeant.
D. The PREA/WVP Sergeant will ensure the findings are recorded in the
Workplace Violence Incident Log. (Refer to Section VI.)
III. TRAINING
All persons who work in the Jail facilities, including employees, contractors,
and volunteers will receive training that addresses the workplace violence
risks that employees are reasonably anticipated to encounter in their jobs.
Training is provided to help employees take appropriate precautions and
respond wisely when confronted with a potentially violent individual.
(Refer to Addendum C for training topics.)
A. Initial training shall address the workplace violence hazards identified in
the facility, and the corrective measures that have been implemented.
B. Employees performing inmate contact activities and those employees'
supervisors shall be provided refresher training at least annually,
applicable to those employees, to review the topics included in the initial
training and the annual review.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
1. Refresher training shall include an opportunity for interactive questions
and answers with a person knowledgeable about the Workplace
Violence Prevention Plan.
2. Employees are encouraged to actively participate in the training
sessions and make suggestions to improve the training curriculum and
training materials during the interactive portion of the training, or by
memorandum submitted to the Jail Services Lieutenant.
C. Employees whose job duties include responding to alarms or other
notifications of violent incidents will receive additional interactive training
that is specific to confronting or controlling persons exhibiting aggressive
or violent behaviors.
D. Additional training will be provided if/when new equipment or work
practices are introduced, or when a new or previously unrecognized
workplace violence hazard has been identified.
IV. WORKPLACE HAZARD ASSESSMENT
A. The PREA/WVP Sergeant is responsible to identify and evaluate
environmental risk factors for workplace violence. The Workplace
Violence Prevention Environmental Hazard Assessment & Control
Checklist (Addendum D) shall be used to identify locations and situations
where violent incidents are more likely to occur, including the surrounding
areas on the premises of the facilities (e.g., parking lot and outdoor areas).
B. Jail Command Staff conducts quality assurance reviews on a monthly
basis. The reviews are intended to provide the opportunity for assessment
and identification of any potential opportunities for improvement. The
assessments include a review of any workplace violence incidents that
occurred within the facilities.
1. The Jail Services Lieutenant is responsible to provide status updates
involving any unsafe conditions or adverse issues impacting inmate,
staff, or public safety and facility security, including any post-incident
assessments involving workplace violence.
2. Jail Command Staff will examine systems of control, Jail policies and
procedures, incident trends and take any necessary corrective action
needed to remedy identified deficiencies.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
C. Workplace hazard assessments will be conducted for every facility as
necessary, but not less than annually. The Workplace Violence
Prevention Plan Assessment Checklist (Addendum E) shall be used as
part of an annual evaluation performed by the PREA/WVP Sergeant at
the end of each calendar year. Copies of the assessment shall be
distributed to Jail Command Staff in January of each year.
V. INMATE-SPECIFIC HAZARD ASSESSMENT
A. Inmates whose conduct endangers the safety of staff or others (e.g.,
inmates who are known to behave unpredictably, disruptively,
uncooperatively, or aggressively, or if the inmate has a known history of
violence while incarcerated) shall have an Alert documented via
Offendertrak and a notation made in the inmate's electronic health record.
1. Mental Health Services is responsible for the development and
implementation of individualized treatment plans (e.g., Behavioral
Management Plans [BMP's] designed to modify identified problematic
behaviors).
2. Each housing floor has an "Inmate Management Plan" binder located
in the security station, which contains Crisis Management Plans,
Behavior Management Plans, and Administrative Action Reports,
applicable to that housing floor. Plans for inmates housed in the South
Annex Jail 2D housing unit are immediately accessible outside of each
individual cell door.
B. Inmates determined to be "high security" by Population Management will
be issued and required to wear a yellow jumpsuit.
[Refer to policy D-245/Handling High Security Inmates(FILE: HIGH SECURITY INMATES).]
1. Although the majority of high security inmates are housed in Main Jail
FF and South Annex 2D cells, that does not preclude high security
inmates from being housed or temporarily held in other locations (e.g.,
medical outpatient housing units (OHU), safety cells, holding cells,
etc.). Similarly, high security inmates might not always be identified
by their yellow jumpsuit (e.g., the inmate might be wearing a suicidal
garment, court clothing, or be waiting to dress-in or dress-out of inmate
clothing). It is each employee's responsibility to be aware of the
presence of inmates classified as high security in their assignment
areas, and to post notice outside the cell, ensuring others are equally
aware.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
2. A minimum of two officers shall be present during the time an inmate
classified as high security is being placed into or removed from
restraints.
C. To the degree permitted by security and safety considerations, clinical
encounters should be conducted in private, without being observed or
overheard by correctional personnel. Restraints should be removed as
needed, and as safely as possible, such that health care staff can conduct
a complete examination of the inmate. Notwithstanding, the inmate/
patient's rights may be limited by reasonable application of security
regulations, and correctional personnel shall remain in close proximity if
the inmate poses a probable risk to the safety of the health care provider
or others.
D. Therapeutic Treatment Modules (TTM's) are secure enclosures available
for use with inmates who pose a threat to staff or other inmates. The
primary use of the TTM's is to facilitate Seriously Mentally III (SMI) mental
health treatment and programming, however, the enclosures can also be
used to accommodate other administrative segregation inmates who
require a secure environment to participate in group and individual
therapeutic/educational sessions. The TTM's allow contact with mental
health clinicians and other program facilitators (e.g., social workers,
educators), as well as other group participants, while maintaining a safe
environment for all.
[Refer also to policy D-370/Therapeutic Treatment Modules(FILE: TREATMENT MODULES).]
E. Inmates transported to/from the hospital are always accompanied by at
least one officer. The responsibility to communicate safety concerns with
paramedic and other emergency medical services personnel lies with the
transporting officer.
[Refer to policy D-238/Guarding Inmates at Off-Site Medical Facilities (FILE: GUARDING
HOSPITALIZED INMATES).]
F. Any disruptive or threatening behavior displayed by an inmate towards
health services staff is to be relayed to the Charge Nurse and charted in
the inmate's electronic health record.
VI. VIOLENT INCIDENT LOG
A. The PREA/WVP Sergeant shall be responsible to record every*workplace
violent incident in the Workplace Violence Incident Log. The data
recorded shall be based on information solicited from the employees who
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
experienced the workplace violence. Personal identifying information
shall be omitted from the log (e.g., name, email address, telephone
number).
*Type 2 inmate/correctional officer incidents are excluded from the log, but maintained in
Offendertrak.
B. Incident information recorded in the Log shall include the following-
1. Date, time, and specific location.
2. Detailed description of the incident.
3. A classification of who committed the violence, including whether the
perpetrator was an inmate, family/friend of an inmate, stranger with
criminal intent, co-worker, supervisor/manager, partner/spouse,
parent/relative, or other perpetrator.
4. A classification of circumstances at the time of the incident, including
whether the employee was completing usual job duties, working in a
poorly lit area, rushed, working during a low staffing level, in a high
crime area, isolated or alone, unable to get help or assistance, working
in an unfamiliar or new location, or other circumstances.
5. A classification of where the incident occurred, including whether it
was in an inmate's cell, exam room, holding cell, hallway, bathroom,
break room, office, parking lot or other area outside the building, lobby,
or other area.
6. The type of incident, including whether it involved: physical attack;
attack with a weapon or object; threat of physical force or threat of the
use of a weaon or other object; sexual assault or threat, including
rape/attempted rape, physical display, or unwanted verbal/physical
sexual contact; animal attack; or other.
C. Consequences of the incident, shall be recorded in the Log, including:
1. Whether medical treatment was provided to the employee.
2. Who, if anyone, provided necessary assistance to conclude the
incident.
3. Whether County Security was contacted or a deputy was dispatched.
4. Amount of lost time from work, if any.
5. Actions taken to protect employees from a continuing threat, if any.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
6. Information about the person completing the Log including their name,
job title, phone number, email address, and the date completed.
D. The Log shall be reviewed by the Jail Services Lieutenant during the
annual review of the Plan.
VI I. RECORDKEEPING
A. All records of workplace violence hazard assessment, evaluation, and
correction will be created and maintained as required by the Fire/Life
Safety Officer.
B. Training records will be created and maintained for a minimum of five (5)
years and will include the training date, summary of the training, name
and qualification of the person conducting the training, and the name and
job titles of those in attendance.
C. Records of violent incidents, including the violent incident log, the
Workplace Violence Incident Report (WVP-1) forms, and the Workplace
Violence Post-Incident Assessment(WVP-2) forms will be maintained for
a minimum of five (5) years. All records shall be made available to
employees and their representatives, on request, for examination and
copying. The record is to be provided no later than 15 days after the
request is made.
Vill. EMPLOYEE-VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR
STALKING
A. Employee-victims are encouraged to report safety concerns with regard
to domestic violence, sexual assault, and stalking. The Sheriff's Office is
committed to supporting victims of violence by encouraging access of the
Employee Assistance Program, providing referrals to community
resources, and providing time off for reasons related to violence.
1. Employee-victims of domestic violence, sexual assault, or stalking
should be given a copy of the County notice which enumerates
employee rights under Labor Code 230 (c), (e), and (f), and section
230.1. (Refer to Addendum F.)
2. Employee-victims are not to be discharged or in any manner
discriminated or retaliated against for taking time off from work to
obtain or attempt to obtain any relief, including, but not limited to, a
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
temporary restraining order, restraining order, or other injunctive relief,
to help ensure the health, safety or welfare of the victim or his/her child.
B. The Sheriff's Office shall provide reasonable accommodations for an
employee-victim of domestic violence, sexual assault, or stalking who
requests an accommodation for their safety while at work. Reasonable
accommodations may include the implementation of safety measures,
including a reassignment, modified schedule, changed work telephone,
changed work station, installed lock, assistance in documenting domestic
violence, sexual assault, or stalking that occurred in the workplace, or
referral to a victim assistance organization.
IX. PROTECTIVE ORDERS
A. Under California law, courts can make orders to protect an employee from
suffering unlawful violence or credible threats of violence at the workplace.
However, employees cannot petition the court for a workplace violence
protective order; the workplace violence restraining order must be
requested by the employer on behalf of the employee who needs
protection. (Refer to Addendum G.) For an employer to obtain an order
under CCP 527.8, there must be reasonable proof that:
1. The employee has suffered unlawful violence (e.g., assault, battery,
stalking) or a credible threat of violence;
2. The unlawful violence or the threat of violence can reasonably be
construed to be carried out or to have been carried out at the
workplace;
3. The conduct is not allowable as part of a legitimate labor dispute; and
4. The person accused is not engaged in constitutionally protected
activity.
B. Employees can seek protective orders on their own, such as-
1. Domestic violence restraining order (which can be used to ask for
protection from people he/she was involved with romantically at some
point or close family members).
2. Civil harassment restraining order (which can be used for protection
from neighbors, roommates, coworkers, or more distant family
members like cousins, uncle or aunt, etc.).
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: WORKPLACE VIOLENCE PREVENTION PLAN NO: B-210
FILE: WORKPLACE VIOLENCE
3. Elder or dependent adult abuse restraining order (if the person being
abused is 65 or older, or a dependent adult).
C. Employees who obtain a restraining order which lists their workplace as a
protected area must promptly provide to their immediate supervisor a copy
of any temporary or permanent protective or restraining order. The
supervisor shall ensure that a copy of the order is forwarded to the
employee's manager, the Jail Services Lieutenant, the Jail Division Bureau
Commanders, and the Sheriff's Human Resources Unit.
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