Memo 019-2012 Safety In The Workplace MIAMI BEACH R F
OFFICE OF THE CITY MANAGER 2012 AUG 14 PM 2: Q3 MEMORANDUM
TO: All City Employees CITY '� c.. OFF F!r No. 019-2012
FROM: Kathie G. Brooks, Interim City Manager
DATE: August 14, 2012
SUBJECT: Safety in the Workplace
As you may be aware, on Tuesday, August 7, 2012, an incident of workplace violence
occurred between two City employees, which unfortunately resulted in serious injuries to
one employee and the arrest of the other employee.
Although this was an isolated incident, I would like to all remind employees about the City's
zero tolerance policy for violence in the workplace. The City of Miami Beach is committed to
maintaining a safe work environment for employees, free from aggression, threats and
violence. Security and safety in the workplace is everyone's responsibility. All City of Miami
Beach employees are required to conduct themselves in a polite and civil manner, ensuring
that we treat each other and the public with respect and courtesy at all times.
It is the responsibility of every City employee to assist and cooperate in making the
workplace as safe and secure as possible. Employees are strongly encouraged to report
any perceived violation of the City's Prevention of Workplace Violence Policy to their next-in-
line supervisor who is not a party to the violation. No employee shall be subjected to
criticism, reprisal, retaliation or disciplinary action for good faith reporting pursuant to this
Policy. Supervisors are responsible for reporting, documenting and investigating every
complaint. Violence, or the threat of violence, by or against any City employee or other
person, is unacceptable and contrary to City policy, and will subject the aggressor to
disciplinary action, up to and including dismissal and even possible criminal charges.
Please take the time to review the attached Prevention of Workplace Violence Policy. As a
reminder, all City policies and procedures can be found on the City's Intranet under the
Human Resources Department tab or can be obtained from the Human Resources
Department located on the third floor of City Hall.
We all need to work to ensure that an incident like this never happens again and I ask
all of you to keep Marcos Fojon in your thoughts and prayers for recovery.
Thank you.
KGB/CG {
Attachment '
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AUG 14 2012
We are committed to providing excellent public service and safely to oil who live, work,and play in our vibrant tropical, historic community.
PREVENTION OF WORKPLACE VIOLENCE
POLICY:
To promote and maintain a safe work environment for employees free from aggression, threats and violence,
effectively manage critical workplace incidents dealing with actual or potential violence,and provide a coordinated
and rapid response to such incidents. The City will provide guidance in the event they encounter a situation they
believe could result in a violent reaction.
It is the shared obligation of all employees,law enforcement agencies,employee organizations as well as the City
administration to individually and jointly act to prevent or defuse actual or implied violent behavior at work.
The City prohibits any comments or behavior that could be perceived by a reasonable person as threatening or
indicating possible violence. This may include but is not limited to verbal threats or gestures,abusive language,
harassment, intimidation and physical altercation(e.g., shoving or fist fighting).
The City also prohibits the possession, use, or threat of use of a deadly weapon, firearm or destructive device in
any manner,on one's person,in one's belongings, in any City facility or work area,including City vehicle,or in.
one's personal vehicle while engaged in City business unless such possession or use of a weapon is a necessary and
approved requirement of the job. Exceptions to this policy maybe made only by the City Manager.
Violence,or the threat of violence,by or against any City employee or other person is unacceptable and contrary to
City policy, and will subject the perpetrator to disciplinary action, up to and including dismissal and possible
criminal charges. The City will work with law enforcement to aid in the prosecution of anyone who commits
violent acts against employees.
PROCEDURES:
On-the Job
There are situations where relationships between employees,or between an employee and the supervisor,result in
strong negative feelings. Any person involved in situations where they fear that physical retaliation may take
place, or where someone has made verbal threats of physical,violence, should immediately discuss it with
department management. Employees involved in fighting or making verbal threats will be disciplined up to and
including dismissal.
No employee acting in good faith, who reports real or implied violent behavior, will be subject to retaliation or
harassment based upon their report.
If a situation is serious enough that possible termination may be involved and/or the continued presence of the
employee at the work-site would not be appropriate given the altercation, or particular circumstances, the
employee may be immediately suspended by being placed on paid administrative leave. The employee will be
ordered not to return to the work site until further advised. This action is unusual, but may be taken with
concurrence from the Department Director. Where time and circumstances permit,consultation with the Human
Resources Director should take place as well.
Most workplace altercations, including minor ones involving only verbal exchanges, justify appropriate
disciplinary action through the use of the City's progressive discipline policy. At any time during the review of an
altercation, the Human Resources Director will be available for assistance upon request.
Dealing with the Public
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Potentially violent situations may occur in employee contacts with the public. While the City has a strong
commitment to customer service,it is not intended that employees be subjected to verbal abuse by a customer. A
supervisor should be requested to intervene when a customer is abusive. If there is a concern over the possibility
of physical violence,it should be immediately reported to the department head or the Police Department. The City
r will provide training to supervisors in appropriate responses to aggressive/violent behavior.
Off-the-Job
An employee may be involved in a personal non-criminal dispute with family members,neighbors or friends. If
the situation escalates,a restraining order or similar court order may be issued. If an employee should request such
an order,he/she should include the work location as well as place of residence in the order. The employee should
inform the supervisor of the issuance of such an order and provide a description of the individual(s) cited in the
order.
In a situation where an employee has not secured a court order but fears for his/her safety, the employee should
notify the Police Department immediately and inform his/her supervisor as soon as practical.
When any of the above situations is brought to the attention of department management, an evaluation of the
severity of the situations must be made immediately. If it is concluded that there is a likelihood that violence could
result,management shall:
1. Discuss the situation with employees who are likely to come in contact with the subject. Provide a
description of the subject and instructions on actions to be taken if the subject comes to the work-site.
,2. Provide the same information to the Police Department.
3. Contact the Police Department to provide information on steps being taken. If the Police Department feels
that more security is required, arrangements will be made to provide for it.
4. In any case, if there is an immediate need for Police Department intervention, call 911 (if on the Rolm
phone system, otherwise dial 9 for an outside line first, then 911).
Critical Incident Coordination
When a supervisor,manager, or employee observes an act of violence at work,the steps to be taken are simple,
even though the underlying issues may not be.
1. IN IMMEDIATE EMERGENCY SITUATIONS---CALL 911.
As with any other emergency involving fire,violence,or medical incidents,the first thought and action is
to call 911 and report as many details as possible so that the appropriate emergency response units can be
dispatched.
2. NEXT STEP-Immediately contact:
the Department or Division Head involved, and
! the Executive Assistant City to the Manager/Labor Relations.
The Executive Assistant to the City Manager/Labor Relations is the Workplace Critical Incident
Coordinator. The Executive Assistant to the City Manager/Labor Relations,or his/her designee,may be
contacted at any time and will ensure that resources such as the Employee Assistance Program,Employee
Benefits, Human Resources, City Attorney, and others, as needed, are coordinated in their support and
response.
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Other steps following a critical incident at work will flow from this initial contact,including disciplinary
action and help from Employee Assistance for employees involved or witnessing a serious incident.
GUIDELINES FOR MANAGERS AND DIRECTORS
The guidelines below apply to all City employees and are intended to aid managers and directors in dealing with
violent or potentially violent situations at work once an immediate emergency situation has been controlled.
Altercations between persons at work are rare.and usuallyy minor, allowing time for supervisory intervention.
An"altercation" as used in these guidelines includes actual workplace violence or threatened violence,including
verbal or physical confrontation or assault, or attempts at such assault.
In circumstances deemed by the manager or director to be an emergency, call 911 and make the other contacts
described previously. It is understood that the actions of a manager,director,or other employees will be dependent
on the seriousness of the situation and the nature of an altercation. However, consistent with personal safety,
managers, directors, and supervisors have a responsibility to make a good faith effort to defuse violent or
potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to
others. In general...
J .
1. Separate employees involved. Do not allow a verbal altercation to escalate into something more serious. If
the employees cannot be separated, call 911 and follow the steps previously described.
2. Contact the appropriate Department Director and the Executive Assistant to the City Manager/Labor
Relations.
3. Once the situation is controlled,separately interview all persons involved,including any witnesses,in order
to obtain an accurate account of the incident. Document the statements_of witnesses and others interviewed
in written form. Those involved in an altercation-those who are possible subjects of future disciplinary
action based on the incident-have the right to be represented during the interviews.
If such representation is denied or if questioning continues after representation has been requested,
subsequent disciplinary action could be overturned or modified on appeal. It may be necessary to postpone
an interview in such cases for a representative to be available. By contacting Human Resources at 673-
7524,or the Executive Assistant to the City Manager/Labor Relations at.673-7000,extension 6511,advice
and assistance in this process will be provided.
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