Ohio Admin. Code 3364-25-67 - Workplace violence

Current through all regulations passed and filed through September 3, 2021

(A) Policy statement

The university of Toledo is committed to providing a safe workplace environment, free of threats, intimidation and violence of any kind and maintains a plan for promoting a safe campus through prevention, mitigation, response, and recovery from incidents or potential incidents of workplace violence.

(B) Purpose of policy

Provide a safe work environment for employees, faculty, students, patients and visitors.

(C) Threats or acts of violence defined

"Threats or acts of violence" include conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the conditions of employment, or to create a hostile, abusive, or intimidating work environment for one or more university employees.

(D) Definition of workplace violence

Prohibited workplace violence includes, but is not limited to, the following:

(1) Prohibited actions
(a) Violence, intimidation, or direct or implied threats of violence in the workplace.
(b) The use of university property or resources such as work time, telephones, fax machines, mail, email, internet, or other means to threaten or harass someone.
(c) All persons are prohibited from carrying weapons in accordance with rule 3364-61-03 of the Administrative Code, (workplace weapons restriction). Employees who violate this policy will be subject to corrective action up to and including termination or criminal prosecution.
(d) Intentionally bring false charges on another. Employees found in violation will be subject to disciplinary action up to and including termination.
(e) Non-employee violations of this policy are subject to restrictions from campus and applicable local, state and federal laws.
(3)(2) Examples of prohibited conduct

Specific examples of conduct that may be considered "threats or acts of violence" prohibited under this policy include, but are not limited to, the following:

(a) Hitting or shoving an individual.
(b) Threatening to harm an individual or his/her family, friends, associates, or their property.
(c) The intentional destruction or threat of destruction of property owned, operated, or controlled by the state.
(d) Making harassing or threatening telephone calls, or sending harassing or threatening letters or other forms of written or electronic communications.
(e) Intimidating or attempting to coerce an employee to do wrongful acts, as defined by applicable law, administrative rule, policy, or work rule that would affect the business interests of the state.
(f) The willful, malicious and repeated following of another person, also known as "stalking," and making of a credible threat with intent to place the other person in reasonable fear for his or her safety.
(g) Making a suggestion or otherwise intimating that an act to injure persons or property is "appropriate," without regard to the location where such suggestion or intimation occurs.
(h) Unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on state property.
(E) Procedure

The workplace violence policy applies to all university employees, faculty, students, patients, visitors and all individuals who, while not university employees, perform work both at the university and for its benefit.

(1) Warning signs, symptoms and risk factors

The following are examples of warning signs, symptoms, and risk factors which may indicate an employee's potential for workplace violence:

(a) Dropping hints about a knowledge of firearms.
(b) Making intimidating statements like: "you know what happened at the post office," "i'll get even" or "you haven't heard the last from me."
(c) Possessing reading material with themes of violence, revenge and harassment.
(d) Non-supervisory employees keeping records of other employees the individual believes to have violated departmental policy.
(e) Physical signs of hard breathing, reddening of complexion, menacing stare, loudness, fast profane speech.
(f) Acting out either verbally or physically.
(g) Disgruntled employee or ex-employee who is excessively bitter.
(h) Being a loner.
(i) Having a romantic obsession with a co-worker who does not share that interest.
(j) History of interpersonal conflict. Intense anger, lack of empathy.
(k) Domestic problems, unstable/dysfunctional family.
(l) Brooding, depressed, strange behavior, "time bomb ready to go off."
(2) Employee responsibilities
(a) Any person experiencing or observing imminent violence should call campus police immediately at extension 419-530- 2600.
(b) Being familiar with university policy regarding workplace violence.
(c) Each employee is required to report any acts or threats of violence to campus police, the employee's immediate supervisor, and the human resources and talent development department.
(d) Employees should take appropriate measures to ensure the safety of other employees in the event of an act of violence.
(e) Employees should not intervene in the event of an act or threat of violence with a weapon, unless intervention, in the employee's opinion, can be accomplished without risk of injury to themselves or other employees, or no other means of achieving the safety of other employees are available.
(f) Each employee shall notify his or her supervisor of any restraining orders against individuals, employees and nonemployees that include the workplace or sections thereof.
(g) Employees are required to report to work mentally fit, emotionally stable, and contribute to a non-threatening work environment. Employees in need of counseling may seek it through "IMPACT" the employee assistance program (EAP), see rule 3364-25-20 of the Administrative Code (employee assistance program). Perpetrators of workplace violence are subject to discipline up to and including termination and may be required to successfully complete training, assessment, counseling or treatment.
(4)(3) Managers' and supervisors' responsibilities:
(a) Informing employees of the university's workplace violence policy and program.
(b) Taking all reported incidents of workplace violence seriously.
(c) Investigating all acts of violence, threat, and similar disruptive behavior in a timely fashion and taking necessary action(s).
(d) Supervisors should be alerted to and aware of these indicators. If an employee exhibits such behavior the employee should be monitored and such behavior should be documented.
(e) Encouraging employees who show signs of stress or evidence of possible domestic violence to seek assistance, such as the employee assistance program.
(5) Human resources and talent development "HRTD" responsibilities:
(a) Administers and enforces all workplace policies.
(b) Performs pre-employment criminal background screening in accordance with established guidelines.
(c) Provides education and information to all employees on workplace violence.
(d) Works in conjunction with appropriate management to determine what, if any, corrective action will be taken against employees violating the workplace violence or other university policies.
(e) Encourages use of employee assistance program to assist with physical and emotional abuse, family and economic counseling, stress management, etc.
(6) Threat management team "TMT"

In a proactive response to workplace violence nation-wide, the university of Toledo establishes a TMT under the direction of the director of public safety, to investigate workplace violence incidents and make written recommendations to assist the university with a best practice response and the prevention of future workplace violence incidents. At the request of the a director of human resources and talent development or the director of public safety, the threat management team performs the following functions:

(a) Meets with the principals involved in a workplace violence allegation to determine what occurred.
(b) Evaluates alleged threat by assessing intent and the capacity and means to fulfill the threat.
(c) Provides a written post-incident evaluation to include an assessment of the threat level, the likelihood of reoccurrences, and any recommendations which may prevent a reoccurrence.
(d) Provides information to the victim (if an employee), and the employee's family about benefits available to them as a result of this incident.
(e) Makes available counseling and any necessary information to all affected employees and family members.
(7) Report resources

Imminent danger

Campus police

419-530-2600

Staff - report a workplace violence incident

Human resources and talent development

419-530-4747

Faculty-report a workplace violence incident

Faculty labor relations

419-530-4053

http://www.utoledo.edu/offices/prov ost/faculty-labor-relations-and-academic-inclusion/

Counseling for students

University The counseling center

419-530-2426

http://www.utoledo.edu/studentaffairs/counseling/

Employee counseling assistance program

IMPACT employee assistance

1-800-227-6007 http://www.myimpactsolution.com/

Notes

Ohio Admin. Code 3364-25-67
Effective: 10/7/2019
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates: 03/31/2018

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.