"Violence in the Workplace Check List" - Colorado

Violence in the Workplace Check List is a legal document that was released by the Colorado Department of Military and Veterans Affairs - a government authority operating within Colorado.

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STATE OF COLORADO
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
6848 South Revere Parkway
Centennial, Colorado 80112
Phone (720) 250-1500
Fax (720) 250-1509
John W. Hickenlooper
February 1, 2011
Governor
Policy Title:
Workplace Violence Policy and Protocols
H. Michael Edwards
Major General
The Adjutant General
Effective Date:
01 February 2011
Summary:
Provides Policy on Workplace Violence
Applicability:
All State Employees of DMVA
Staff Proponent:
Human Resources
Supersedes:
November 17, 2004
A. Purpose: The Colorado Department of Military and Veterans Affairs (DMVA) is committed to maintaining
the work environment free from all forms of violence, in accordance with State of Colorado Universal Policy
Pursuant to Executive Order D023 09. This policy will address specific policies, protocols, and procedures at
DMVA in accordance with the State of Colorado Universal Policy Pursuant to Executive Order D023 09
(Annex A), establishing a Policy to Address Workplace Violence, Including Domestic Violence Affecting the
Workplace.
B. Background: DMVA is committed to providing a workplace for its employees that is safe, secure and
respectful – an environment that is free from violence. Behaviors and actions which inappropriately represent
violence are potentially damaging to DMVA employees and property. Violent behavior is a violation of
DMVA policy and will not be tolerated in the DMVA community. It will be addressed promptly by DMVA
and military administration. The Department is committed to maintaining a strict policy that prohibits acts of
violence, harassment, or intimidation in any form, including verbal, written, physical, or any conduct that may
be construed detrimental to the workplace environment.
C. Definitions:
1. Workplace Violence: Includes, but is not limited to, intimidation, threats, physical attack, domestic
violence or property damage and includes acts of violence committed by State employees, clients,
customers, relatives, acquaintances or strangers against State employees in the workplace. Such actions
could be communicated by any means.
2. Intimidation: Includes, but is not limited to, stalking or engaging in actions intended to frighten, coerce,
or induce duress.
3. Harassment: Behavior or communication designed or intended to intimidate, menace or frighten another
person.
STATE OF COLORADO
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
6848 South Revere Parkway
Centennial, Colorado 80112
Phone (720) 250-1500
Fax (720) 250-1509
John W. Hickenlooper
February 1, 2011
Governor
Policy Title:
Workplace Violence Policy and Protocols
H. Michael Edwards
Major General
The Adjutant General
Effective Date:
01 February 2011
Summary:
Provides Policy on Workplace Violence
Applicability:
All State Employees of DMVA
Staff Proponent:
Human Resources
Supersedes:
November 17, 2004
A. Purpose: The Colorado Department of Military and Veterans Affairs (DMVA) is committed to maintaining
the work environment free from all forms of violence, in accordance with State of Colorado Universal Policy
Pursuant to Executive Order D023 09. This policy will address specific policies, protocols, and procedures at
DMVA in accordance with the State of Colorado Universal Policy Pursuant to Executive Order D023 09
(Annex A), establishing a Policy to Address Workplace Violence, Including Domestic Violence Affecting the
Workplace.
B. Background: DMVA is committed to providing a workplace for its employees that is safe, secure and
respectful – an environment that is free from violence. Behaviors and actions which inappropriately represent
violence are potentially damaging to DMVA employees and property. Violent behavior is a violation of
DMVA policy and will not be tolerated in the DMVA community. It will be addressed promptly by DMVA
and military administration. The Department is committed to maintaining a strict policy that prohibits acts of
violence, harassment, or intimidation in any form, including verbal, written, physical, or any conduct that may
be construed detrimental to the workplace environment.
C. Definitions:
1. Workplace Violence: Includes, but is not limited to, intimidation, threats, physical attack, domestic
violence or property damage and includes acts of violence committed by State employees, clients,
customers, relatives, acquaintances or strangers against State employees in the workplace. Such actions
could be communicated by any means.
2. Intimidation: Includes, but is not limited to, stalking or engaging in actions intended to frighten, coerce,
or induce duress.
3. Harassment: Behavior or communication designed or intended to intimidate, menace or frighten another
person.
4. Threat: The expression of an intent to cause physical or mental harm. An expression constitutes a threat
without regard to whether the party communicating the threat has the present ability to carry it out and
without regard to whether the expression is contingent, conditional or future. It is intended to instill fear
in the recipient thereof.
5. Physical Assault: Unwanted or hostile physical contact including, but not limited to hitting, fighting,
pushing, shoving or throwing objects.
6. Property Damage: Intentional damage to property which includes property owned by the State,
employees, contractors, visitors or vendors.
7. Domestic Violence: Abusive or violent behavior, stalking, intimidation, coercion, control, revenge,
cyberstalking, including threats and intimidation which stems from the conflicts of a relationship outside
the workplace.
8. Weapon: An offensive or defensive combat instrument, such as a firearm or knife on their person at any
time. Individuals will be asked to remove any form of weapon from the worksite unless authorized as a
component of their work. Employees who become aware of the presence of a weapon should
immediately report it to their supervisor or Human Resources. If a supervisor/Human
Resources/Administration is unsuccessful in obtaining voluntary consent to the request, Force Protection
assistance should be sought. In the event that an individual may have a permit to carry such type of
weapon, this policy shall supersede that permit. In addition, use of or intent to use any other object as a
weapon is also a violation of this policy.
D. Policy: The safety and security of all employees (including contracted workers), visitors, and all property
of the Colorado Department of Military and Veterans Affairs (DMVA) is of the utmost importance. It is a
violation of this policy to engage in workplace violence as defined herein or use or possess an unauthorized
weapon during a time covered by this policy. By law, weapons are prohibited on DMVA grounds except for
authorized law enforcement personnel and military personnel carrying out their official duties, and for
ceremonial or educational uses specifically authorized by The Adjutant General (TAG), if in compliance with
Colorado law. It is the policy of DMVA that threats and threatening behavior, harassment, intimidation,
physical acts of violence, and intentional property damage committed either on the property or while in the
performance of work duties outside DMVA premises will not be tolerated. DMVA will respond to all acts of
workplace violence, which are brought to the attention of the supervisor or administration of the department. It
is the policy of DMVA that management/administration has the right to restrict members of the public who
wish to see the employee for reasons other than the transacting or DMVA-related business. This policy is
particularly applied in cases where the employee suspects that an act of violence will result from an encounter
with said individual.
Responsibilities and Appointments: It is the responsibility of all employees, military members, and
contractors of DMVA to conduct themselves in such a way as to contribute to an environment that is free of
violence. All employees are encouraged to be alert to the possibility of violence on the part of employees,
former employees, military members, contractors, visitors, and domestic relations. Employees shall place
safety as their highest concern, and shall report all acts of violence and threats of violence to their supervisor,
State Human Resources office, and/or Deputy Director as soon as incidents are witnessed, occur, or become
known to themselves or others. [Reporting procedures are covered in the Protocols and Procedures section.]
DMVA administration and supervisors have a special responsibility to create and maintain a violence-free
environment. Should administration or a supervisor have knowledge of conduct that creates violence or
receives a complaint of violence under his or her administrative functions, immediate steps must be taken to
address the matter appropriately. Taking positive steps to educate and sensitize employees with respect to this
issue is also a responsibility of DMVA administration and will be coordinated and conducted by State Human
Resources and the military EEO offices.
Responsible Institutional Officer: The Director of Human Resources will serve as coordinator and have
overall responsibility for implementation of policies and procedures related to workplace violence for State
employees. The maintenance of records and preparation of requested reports on workplace violence shall be the
responsibility of the coordinator.
Workplace Violence Education and Awareness: The coordinator and military EEO offices will have the
responsibility for coordinating the design and presentation of training and education of supervisors and
employees regarding the signs of potential workplace violence. Advice and assistance will be solicited from
other DMVA resources on the contents of the training and education programs, to assess the effectiveness of the
programs, to determine revisions as necessary, and to ensure that the federal and state processes and protocols
align to minimize conflicting procedures.
E. Procedures: To address incidents of workplace violence and to ensure speedy and effective resolution of
these incidents, DMVA has established the following process:
1. The Joint Operations Center (Force Protection) should be contacted if someone is or may be in
imminent danger or if the incident in question resulted in anyone being physically harmed. The Joint
Operations Center may also be contacted by any DMVA employee, military member, contractor, or
other individual at any time in the process.
2. When a DMVA employee experiences or has knowledge of workplace violence that does not involve
imminent danger, the first action is to inform immediately the appropriate supervisor or Workplace
Violence coordinator as may be appropriate. The supervisor or coordinator will investigate the situation,
with caution and safety as first concerns, or seek assistance from administration. If a supervisor or
coordinator is not present, or the reporter of the violence is not comfortable reporting the incident to a
supervisor or the coordinator, individuals should contact the Chaplain at Joint Forces Headquarters, or
the Colorado State Employee Assistance Program.
3. The Joint Operations Center, the Coordinator, or Administration shall coordinate the Workplace
Violence Assessment Team as soon as practicable upon learning of critical incidents and/or life
threatening situations.
4. If it is determined that persons involved in workplace violence need assistance beyond intervention at
the scene or in the workplace, they may be referred to the Human Resources office which will manage
referrals to outside health care providers, local social service agencies, the local police department,
and/or the Colorado State Employee Assistance Program (C-SEAP).
The Assessment Team will contact the Public Affairs Office (PAO) when the situation precipitates mass
communications or media contact. Inquiries from the media about any incident of workplace violence should
be directed to the Public Affairs Office which will coordinate all responses to the media on behalf of DMVA.
F. Workplace Violence Assessment Team: The Workplace Violence Assessment Team is a group of
individuals responsible for implementing Crisis Management Plan. While DMVA acknowledges that there may
be little if any warning of pending violence, there is a team of individuals assigned the task of assessing the
threat of workplace violence when concerns are reported. This team of individuals is responsible for
recommending to The Adjutant General practices and preventative strategies for insuring compliance with
DMVA’s Workplace Violence Policy and Protocols. The Workplace Violence Assessment Team consists of
representatives from Human Resources, Joint Operations Center, the Deputy Director, the Chief Information
Officer, the Judge Advocate General’s office, The Director of Joint Staff, and when appropriate, an immediate
supervisor.
G. Remedial Action: Remedial actions will depend on the severity and the nature of the incident. DMVA
administration/management may direct an employee who violates this policy to a medical referral for fitness for
duty, or may refer the matter for disciplinary action in accordance with State and DMVA procedures.
Disciplinary action may include discharge from employment.
H. Retaliation Prohibited: This policy prohibits retaliation against employees who report violent behavior or
threats of violence. Employees who act in good faith by reporting real or implied violent behavior or violations
of this policy will not be intimidated, threatened, coerced, retaliated against, or subject to harassment by any
other person within the DMVA community.
Official:
//signed//
H. Michael Edwards
The Adjutant General
Distribution:
DMVA Staff Proponents
DMVA Website
DMVA WORKPLACE VIOLENCE
PROTOCOLS AND PROCEDURES
Zero Tolerance Policy
Any intentional act of intimidation, threat of violence, or act of violence committed against any person or to the
property of another while on any property associated with Military & Veterans Affairs (to include state-wide
armories, Ft. Carson, Grand Junction cemetery, Buckley Air Force Base, Greeley Space Warning Station,
headquarters, Veterans Affairs, etc.) is prohibited. This includes the following:
 Act(s) of Intimidation (Implied Threat): Any willful act/behavior directed toward another person, the
result of which causes the other person to reasonably fear for his/her safety or the safety of others or
property.
 Threat(s) of Violence (Actual Threat): Any willful act/behavior directed toward another person which
threatens the other person or which threatens damage to the property of another, under such
circumstances that would cause the other person to reasonably fear for his/her safety, the safety of others
or damage to said property.
 Act(s) of Violence: Any willful act/behavior committed against another person or the property of
another, the result of which causes bodily injury, however slight, to the other person or damage to the
property of another.
No person shall possess or have control of any firearm, deadly weapon, prohibited knife or explosive device
while on any property of Military & Veterans Affairs, except for authorized law enforcement personnel and
military personnel carrying out their official duties, and for ceremonial or educational uses specifically
authorized by The Adjutant General (TAG), if in compliance with Colorado law.
Any DMVA employee (non-supervisor, non-manager) who is the subject of, or a witness to, a suspected
violation of this policy should report the violation to the next-in-line supervisor who is not a party to the
violation and to Human Resources or the Deputy Director within 24 hours. Any emergency, perceived
emergency, or suspected criminal behavior shall be immediately reported to the Joint Operations Center (Force
Protection).
Any DMVA supervisor, manager, or person in authority who is the subject of, a witness to, or who receives a
report of a suspected violation of this policy shall document, investigate and report the suspected violation to
State Human Resources and/or the Deputy Director within 24 hours.
Any DMVA supervisor, manager, employee, or contractor must notify the State Human Resources office and/or
the Deputy Director if they are convicted of a crime of violence, plead guilty to a crime of violence, or are the
restrained party to a permanent protection order within 24 hours.
Any DMVA supervisor, manager, employee, or contractor must notify the State Human Resources office, the
Deputy Director, and/or the Joint Operations Center if they have secured a restraining order on any individual
within or outside of the workplace in all circumstances within 24 hours.
Any State DMVA employee found to be in violation of this policy or who knowingly submits false reports of
threats or acts of violence shall be subject to disciplinary action, up to and including dismissal, pursuant to
applicable State Personnel Policies.
Employee Responsibilities