Workplace Violence
THE REASON FOR BACKGROUND INVESTIGATIONS.
THE REASON WHY A BACKGROUND INVESTIGATION IS MORE THAN JUST A CRIMINAL RECORD CHECK
Excerpts from local newspapers
http://www.bizjournals.com/triangle/stories/2009/01/19/daily50.html?ana=from_rss
“A former Bank of America Corp. employee has been arrested and charged in connection with a multimillion-dollar scheme to misappropriate funds from customer accounts, according to the U.S. attorney for the Southern District of Florida”
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From Business Insurance
Stricter company policies help lower number of homicides in workplace
Training, early intervention can keep violence from escalating
Workplace homicides have declined in the United States since peaking in 1994, but employer vigilance is still necessary, experts say.
Workplace homicides decreased to 516 in 2006, down 9% from 2005 and 50% lower than 1994, according to the latest data from the U.S. Bureau of Labor Statistics. Homicides are one form of workplace violence that affects approximately 2 million U.S. workers each year, according to the Occupational Health and Safety Administration.
Following high-profile workplace shootings in the 1980s and 1990s, the concept of “going postal” emerged and human resources personnel began implementing policies that trained supervisors to recognize warning signs and manage disgruntled employees, experts say.
Declining workplace homicide numbers since then reflect company adoption during the 1990s of zero-tolerance policies of employee violence, said JoAnn M. Sullivan, a senior vp and risk consulting manager for Marsh Inc. in Phoenix. “A lot of human resource people took to heart the fact that they put into their policies appropriate behavior and they got much better about being forthright that inappropriate behaviors won’t be tolerated,” she said.
Other factors, such as a changing workforce, also reduced homicides, added Ms. Sullivan, who has written studies on the subject for the Risk & Insurance Management Society Inc. and the American Society of Safety Engineers.
Young people now entering the workforce are more likely than older employees to confront unacceptable behavior early on, Ms. Sullivan said. Intervening early can prevent problem behavior from festering into violence, observers agree.
Yet workplace violence has not gone away, nor will it, experts say.
“We are always going to have people among us that are not well and react inappropriately and have access to weapons,” Ms. Sullivan said.
Employer preparation for potential violence remains important because nearly two workplace homicides still occur each day in the United States, said Enid Reiley, partner at Emerald Training Consultants, a Syracuse, N.Y.-based firm with a specialty in workplace violence prevention.
Oak Brook, Ill.-based Advocate Health Care Network has a policy against workplace violence, but also is developing a response plan for a possible shooting or hostage incident that is part of its emergency preparedness and business continuity planning, said Scott H. Beckman, Advocate’s vp of risk management and insurance.
Mr. Beckman said Advocate hopes to have the plan in place by fall.
Other violence such as threats, harassment, assaults and rapes also remain a workplace problem, according to the National Institute for Occupational Safety and Health. In a 2006 survey, NIOSH said nearly 5% of U.S. businesses had an incident of workplace violence in the previous 12 months.
Perpetrators have included criminals, co-workers, customers and spouses. Their acts caused lingering fear among employees and reduced morale, NIOSH reported.
Employers also face financial consequences from lawsuits filed by victims and their families for workplace violence.
“The general trend of the law in this area…is to hold employers accountable,” said Randy Coffey, a partner in the Kansas City, Mo., office of Fisher & Phillips L.L.P., which specializes in labor and employment law.
While workplace homicides have declined, intimidation and bullying through electronic means is increasing, several experts agree.
“What we are seeing now, in the last five years, is more technological kinds of nastiness and incidents of behavioral problems in the workplace,” said Kenneth P. Baker, vp and violent crime consultant in Manassas, Va., for Academy Group Inc., a forensic behavioral sciences company.
The problematic behavior includes phone and text message threats, said Mr. Baker, who helps employers identify senders of and assess the danger level presented by anonymous threats.
Electronic threats are made against co-workers, supervisors and even company property, he said. The senders often are dissatisfied with certain workplace policies, job changes or facility closures, and their behavior can be a tip-off of worse actions to come.
About 85% of workplace violence perpetrators telegraph warning signs, Ms. Reiley said. They may first engage in “verbal blowing off,” or make threats that are not directed at any person in particular, Ms. Reiley said. That behavior may escalate into stalking, threats, harassing telephone calls and text messages directed at specific individuals. Finally, they act out.
Often, individuals who commit workplace violence are facing stressful, “deteriorating factors in their personal lives,” such as the illness or death of a spouse, Mr. Baker said.
As part of a prevention plan, employees should be trained to alert management if a co-worker engages in abnormal behavior that includes threats of violence or the mention of weapons, experts say.
Interventions can include counseling, anger management classes or disciplinary action such as a termination handled with dignity, they add.
Avoidance techniques
To help mitigate workplace violence, risks experts say companies can:
Implement pre-employment screening and background checks. Clearly communicate an antiviolence policy and disciplinary measures including termination. Train managers and workers about warning signs, such as threats or violent statements. Make it easy for employees to report potentially violent co-workers. When possible, physically separate customers from employees. Provide post-termination counseling.Once violence occurs: Preserve the scene until police investigate. Attend to physical and psychological needs of victims. Assure the workplace is safe before workers return. Meet with witnesses and victims to help determine how to prevent future incidents and improve policies.
State Settles Sexual Harassment Case, Supervisor had prior history of harassment
http://www.newsobserver.com/news/story/1378712.html State settles sexual harassment case
“The N.C. Department of Health and Human Services has agreed to pay an Oxford woman $320,000 to settle a sexual harassment case involving a former supervisor at John Umstead Hospital who had a prior history of mistreating female workers…Jack Nichols, a Raleigh attorney who represents Hawley said the lawsuit represents the first time someone had sued the state under a claim of negligent hiring, negligent retention and negligent supervision of an employee. dan.kane@newsobserver.com or 919-829-4861″
Is this an example of “top secret” clearance. Is this just a poor background check.
Waxman: Contractor’s re-hiring raises ‘serious questions’
http://www.cnn.com/2007/POLITICS/10/05/waxman.blackwater/index.html?iref=newssearch
http://www.thespec.com/News/article/510422
Former security guard held in office stabbings
TheSpec.com – News – Former security guard held in office stabbings
Suspect shot, in critical condition
Connie Llanos
NORTHRIDGE, Calif. — An off-duty security guard who had just been fired from his job today returned to his office and stabbed his boss and a fellow employee, then was shot by his injured supervisor, police said.
Juan Silva, 31, remained in critical condition after the shooting and could face attempted murder charges, according to Los Angeles Police Department Lt. Steve Sambar.
Police say Silva, who works at All Action Security Inc. on White Oak Avenue in the north San Fernando Valley, came into the office upset because his request to work more hours had been denied. Silva was later terminated and told to come back to return his uniform and receive his final paycheck.
Silva came back in his uniform and began stabbing the two employees inside the office, Sambar said.
“One of the employees ordered Silva to stop his actions and, fearing for his safety, he fired at Silva striking him in the upper torso,” Sambar said.
John Ayam, owner of the family-operated security business, said he did not have any information about the incident and would not confirm or deny whether the three men involved were his employees.
“I was not here when this happened, I don’t know too much,” Ayam said.
Juan Munoz, an employee at Quality One Auto Sales dealership located behind the security offices, said he heard the altercation and gunshots from his office.
Munoz, who has worked at the dealership for two months, described Silva as a “mellow” guy who would always come by to say hello and talk to him.
Munoz said recently Silva had been complaining about his employer.
“He told me he was working more hours because the company had promised him a raise but he was upset because he never got the money on his paycheck,” Munoz said.
Police said Silva was undergoing surgery and remained in very critical condition at a nearby hospital. The two stabbing victims were listed in stable condition.
http://www.thespec.com/News/article/510422
From MSNBC-”One Flew Over the Cuckoo Nest” today. If we knew the future of life for the Mentally Ill, would we have closed the Mental Hospitals or should we have instead insisted the problems be fixed in the 1960′s.
Mentally ill endanger nursing home patients
They’re sharing space with elderly — sometimes with tragic consequences
The Associated Press
updated 5:31 p.m. ET, Sun., March. 22, 2009
CHICAGO – Ivory Jackson had Alzheimer’s, but that wasn’t what killed him. At 77, he was smashed in the face with a clock radio as he lay in his nursing home bed.
Jackson’s roommate — a mentally ill man nearly 30 years younger — was arrested and charged with the killing. Police found him sitting next to the nurse’s station, blood on his hands, clothes and shoes. Inside their room, the ceiling was spattered with blood.
“Why didn’t they do what they needed to do to protect my dad?” wondered Jackson’s stepson, Russell Smith.
Over the past several years, nursing homes have become dumping grounds for young and middle-age people with mental illness, according to Associated Press interviews and an analysis of data from all 50 states. And that has proved a prescription for violence, as Jackson’s case and others across the country illustrate.
Younger, stronger residents with schizophrenia, depression or bipolar disorder are living beside frail senior citizens, and sometimes taking their rage out on them.
“Sadly, we’re seeing the tragic results of the failure of federal and state governments to provide appropriate treatment and housing for those with mental illnesses and to provide a safe environment for the frail elderly,” said Janet Wells, director of public policy for the National Citizens’ Coalition for Nursing Home Reform.
Fewer psychiatric beds
Numbers obtained through the Freedom of Information Act and prepared exclusively for the AP by the Centers for Medicare and Medicaid Services show nearly 125,000 young and middle-aged adults with serious mental illness lived in U.S. nursing homes last year.
That was a 41 percent increase from 2002, when nursing homes housed nearly 89,000 mentally ill people ages 22 to 64. Most states saw increases, with Utah, Nevada, Missouri, Alabama and Texas showing the steepest climbs.
Younger mentally ill people now make up more than 9 percent of the nation’s nearly 1.4 million nursing home residents, up from 6 percent in 2002.
Several forces are behind the trend, among them: the closing of state mental institutions and a shortage of hospital psychiatric beds. Also, nursing homes have beds to fill because today’s elderly are healthier than the generation before them and are more independent and more likely to stay in their homes.
No government agency keeps count of killings or serious assaults committed by the mentally ill against the elderly in nursing homes. But a number of tragic cases have occurred:
In 2003, a 23-year-old woman in Connecticut was charged with starting a fire that killed 16 fellow patients at her Hartford nursing home. A court guardian said Leslie Andino suffered from multiple sclerosis, dementia and depression. She was found incompetent to stand trial and committed to a mental institution.
In 2006, 77-year-old Norbert Konwin died at a South Toledo, Ohio, nursing home 10 days after authorities said his 62-year-old roommate beat him with a bathroom towel bar. Sharon John Hawkins was found incompetent to stand trial.
In January, a 21-year-old man diagnosed with bipolar disorder with aggression was charged with raping a 69-year-old fellow patient at their nursing home in Elgin, near Chicago. A state review found that Christopher Shelton was admitted to the nursing home despite a history of violence and was left unsupervised even after he told staff he was sexually frustrated.
Jackson’s roommate was 50 and had a history of aggression and “altered mental status,” according to the state nursing home inspector’s report. Solomon Owasanoye wandered the streets before he came to All Faith Pavilion, a Chicago nursing home, and he yelled, screamed and kicked doors after he got there.
On May 30, 2008, he allegedly picked up a clock radio, apparently while Jackson slept, and beat him into a coma. Exactly what set him off is unclear. Jackson died of his injuries less than a month later. Owasanoye pleaded not guilty to first-degree murder, and after a psychiatric review was ruled unfit to stand trial. He now lives in a state mental hospital.
All Faith Pavilion co-owner Brian Levinson said his staff is trained to deal with aggressive behavior, and he disputed state findings that Owasanoye had a history of aggression. The for-profit nursing home was fined $32,500 for failing to prevent the assault.
Economic justifications
Under federal law, nursing homes are barred from admitting a mentally ill patient unless the state has determined that the person needs the high level of care a nursing home can provide. States are responsible for doing the screening. Also, federal law guarantees nursing home residents the right to be free from physical abuse.
Families have sued in hopes of forcing states to change their practices and pressuring nursing homes to prevent assaults. Advocates say many mentally ill people in nursing homes could live in apartments if they got help taking their medication and managing their lives.
The problem has its roots in the 1960s, when deplorable conditions, improved drug treatments and civil rights lawsuits led officials to close many state mental hospitals. As a result, some states have come to rely largely on nursing homes to care for mentally ill people of all ages.
Also, mixing the mentally ill with the elderly makes economic sense for states. As long as a nursing home’s mentally ill population stays under 50 percent, the federal government will help pay for the residents’ care under Medicaid. Otherwise, the home is classified a mental institution, and the government won’t pay.
In Missouri, more than 4,400 younger mentally ill people are living in nursing homes, in part because of a state program that helps the elderly stay in their own homes longer.
Nursing homes “are looking at 60 to 70 percent occupancy, and the statistics tell us they’ve got to be in the 90s to operate successfully,” said Carol Scott, the state long-term care ombudsman for 20 years. “They’re going to take anybody they can.”
Gaps in staff training leave the homes inept at handling the delusions and aggression of the mentally ill, said Becky Kurtz, the state long-term care ombudsman in Georgia, where nearly 3,300 younger mentally ill people live in nursing homes.
“Often they’ll say, ‘I hate it there. I’m angry. I don’t want to be there.’ Sometimes the behavioral issues are the result of being ticked off you’re in a nursing home,” Kurtz said.
Pat Willis of the Center for Prevention of Abuse said she has seen elderly residents terrified by younger, mentally ill residents who scream and yell, day and night. “The senior residents are afraid,” Willis said. “They would prefer to sit in their rooms now and keep the doors shut.”
Nursing home operators say protections against frivolous transfer or discharge keep the homes from throwing out some mentally ill residents.
“Many times, the nursing home’s only option becomes dialing 911,” said Lauren Shaham, a spokeswoman for the American Association of Homes and Services for the Aging.
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