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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 J. Zanoni 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. Page 1 of 11 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. Page 2 of 11 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. Page 3 of 11 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. Page 4 of 11 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. Page 5 of 11 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. Page 6 of 11 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 Page 7 of 11 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. Page 8 of 11 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 Page 9 of 11 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.). Page 10 of 11 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. Page 11 of 11