Chapter 3 – Personnel, Training, and Employee Relations

31020.12 Workplace Violence Prevention

• Policy

  • It is the policy of the CDCRCalifornia Department of Corrections and Rehabilitation to provide all employees with a safe and healthy workplace. Acts of violence, bullying, abusive conduct, or threats against another person’s life, health, well-being, family, or property, infringe upon CDCRCalifornia Department of Corrections and Rehabilitation’s right and obligation to provide a safe workplace for its employees, applicants, contractors, and volunteers. CDCRCalifornia Department of Corrections and Rehabilitation has a zero-tolerance policy for workplace violence and will respond to any acts or threats of violence with appropriate administrative or legal remedies.

  • This policy applies to conduct that occurs in any location operated by CDCRCalifornia Department of Corrections and Rehabilitation or is considered a workplace by CDCRCalifornia Department of Corrections and Rehabilitation. This includes any location that can reasonably be regarded as an extension of the workplace, such as an off-site business or social function, or other non-CDCRCalifornia Department of Corrections and Rehabilitation facility where CDCRCalifornia Department of Corrections and Rehabilitation business is being conducted. This policy applies to conduct that occurs off-duty and is brought back to the workplace, when such conduct adversely affects the individual in a manner otherwise prohibited by this policy.

• Purpose

  • The Workplace Violence Prevention Plan is designed to provide a safe and healthy workplace, free of bullying, threats, intimidation, abusive conduct, harassment, and acts of violence. Workplace violence is inappropriate and unacceptable behavior. All individuals are responsible for exhibiting respectful behavior in the workplace.

  • The Workplace Violence Prevention Plan provides procedures for ensuring all reports of workplace violence will be taken seriously and dealt with appropriately. The cooperation of every employee is required to effectively enforce this policy and ensure a safe workplace. If employees observe or experience acts or threats of violence, bullying, abusive conduct, harassment, or intimidation, employees shall follow reporting procedures.

• Workplace Violence – Definitions

  • Abusive Conduct – Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

  • Bullying – Any mistreatment or abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above.

  • Reporting Party – An individual who alleges workplace violence in violation of departmental policy, in a workplace violence incident report (i.e., complaint).

  • Disruptive Behavior – Disturbs, interferes with, or prevents normal work functions or activities. Includes yelling, using profanity, waving arms or fists, leering, insubordination, refusing to cooperate with others, bullying, belligerency, verbally abusing others, making inappropriate demands for time and attention, making unreasonable demands for action (demanding an immediate appointment or a response to a complaint on the spot), or refusing a reasonable request for identification.

  • Harassment – The creation of a hostile work environment through unwelcome words, actions, or physical contact not resulting in physical harm. Verbal harassment may include disparaging or derogatory comments, slurs, unreasonable or excessive criticism, or name calling.

    • Harassment based on an individual’s Equal Employment Opportunity (EEOEqual Employment Opportunity Office (see Office of Internal Affairs)) protected group or characteristic shall follow the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) discrimination complaint process, as outlined in DOMDepartment Operations Manual section 31010.9.

  • Imminent danger – A workplace hazard that poses an immediate risk of death or serious physical harm.

  • Intimidation – To frighten, alarm or scare; forcing action or inaction by inducing concerns for one’s safety by means of any physical action and/or verbal comment.

  • Respondent – The person(s) who is alleged to have committed or engaged in conduct that violates this policy.

  • Stalking – An act of willful, malicious, and repeated following or harassing by another person by any means, direct or indirect, that causes a reasonable person to fear for their safety or the safety of their immediate family.

  • State Workplace – The location a state employee is conducting authorized state business, or enroute to and from a location where state business is or will be conducted.

  • Threat – An action (verbal, written, or physical) that is intended to intimidate by expressing the intent to harass, hurt, take the life of another person, damage or destroy property, including threats made in jest but which others could perceive as serious.

  • Workplace Violence – Any workplace violence or threat of violence that occurs in a place of employment. Note: Workplace violence does not include lawful acts of self-defense or defense of others. Workplace violence includes, but is not limited to, 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 a 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.

  • Workplace Violence Prevention Plan – A plan designed to prevent workplace violence incidents and injuries written consistent with the requirements of CCRCalifornia Code of Regulations Title 8, Subchapter 7, General Industry Safety Orders, section 3203, Injury and Illness Prevention Program (IIPP).