U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL
REGULATION |
Number: 4200-001 |
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SUBJECT: Workplace Violence Prevention and
Response Program |
DATE: April 17, 2013 |
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OPI: Office of Human Resources
Management |
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Section Page
1 Purpose 1
2 Special
Instructions 1
3 Policy 2
4 Definitions 2
5 Prohibited
Behavior 3
6 Authorities 5
7 Responsibilities 6
8 Inquiries 8
1. PURPOSE
Violence
and threats of violence have no place in the Federal workplace. The origin can be from internal sources such
as coworkers or from external sources such as our clients or others. This Departmental Regulation outlines the
policy of the U. S. Department of Agriculture (USDA) on the prevention of and
response to workplace violence.
2. SPECIAL
INSTRUCTIONS
a. This regulation supersedes Departmental
Regulation (DR) 4200-001 dated May 31, 2000.
b. The principal changes to DR 4200-001
are as follows:
(1) Expanded and added responsibilities to better
define the roles of the personnel in USDA.
(2) Added definitions to increase awareness of
the actions that could constitute a workplace violence situation.
(3) Expanded the list of prohibited behaviors.
(4) Added DR 4430-792-1 Employee Assistance
Program as an authority.
(5) Added DR 4710-001 Alternative Dispute
Resolution as an authority.
c. Supplementation: Agencies and
staff offices may supplement this directive with
prior approval of the Director, OHRM.
Supplemental regulations issued by
agencies or staff offices may not conflict
with the contents of this directive.
Agencies and staff offices must provide copies of any supplemental regulations
to
employees as required.
3. POLICY
Violent
behavior of any kind or threats of violence, either implied or direct, against
persons or property will not be tolerated. This includes acts of intimidation or
harassment, or other inappropriate behavior which causes fear for personal
safety. An employee who exhibits violent
behavior may be subject to criminal prosecution and/or shall be subject to
disciplinary action up to and including removal from Federal service. Violent threats or actions by employees or
non-employees may result in criminal prosecution. USDA and/or its Agencies will appropriately
consider all complaints of workplace violence or any possible violation of this
policy. Retaliation against any person
who initiates a complaint regarding violent behavior or threats of violence
made to him/her is also prohibited.
4. DEFINITIONS
a. Affected Employee. Any USDA employee subjected to assault,
harassment, inappropriate interference, intimidation or threat by internal or
outside sources.
b. Alternative Dispute Resolution
(ADR). A process designed to help
parties resolve conflicts with the assistance of a neutral third party. It can include facilitation, conciliation,
mediation, and ombudsman programs.
c. Assault. Any willful attempt or threat to inflict
injury upon the person of another, when coupled with an apparent ability to do
so, and any intentional display of force, such as would give the victim
reason to fear or expect immediate
bodily harm.
d. Bullying. A repeated, intentional, mistreatment of an
individual that is driven by a desire to
control, impede, or interfere with an individual.
e. Dangerous
Weapon. A
weapon, device, instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious bodily injury,
except that such term does not include a pocket knife with a blade of less than
2-1/2 inches in length. (18 U.S.C. 930(g) (2)).
f. Employee Assistance Program
(EAP). A worksite-based program designed
to assist in the identification and resolution of work-related and
non-work-related productivity problems associated with employees impaired by
personal concerns including, but not limited to health, marital, family,
financial, alcohol, drug, legal, emotional, or other personal concerns which
may adversely affect employee job performance.
g. Harassment. To annoy or torment repeatedly and
persistently causing fear for personal safety.
This includes but is not limited to any unwelcome or unwanted conduct
that denigrates or shows hostility or an aversion toward another person on the
basis of any characteristic protected by law, which includes an individual’s
race, color, gender, ethnic or national origin, age, religion, disability,
marital status, sexual orientation, gender identity, or other personal
characteristic protected by law.
h. Immediate Supervisor. The individual whom an employee directly
reports to or receives direction from.
i. Imminent Danger. An exposure or vulnerability to harm or risk
about to occur or impending.
j. Interference. An act or behavior to hamper, hinder, block,
resist, oppose or impede the actions or activities of another person which
causes fear for personal safety.
k. Internal Source. Any USDA employee.
l. Intimidation. Making others afraid or fearful through threatening
and/or other unwelcomed aggressive or
passive aggressive behavior.
m. Outside Source. Any non-USDA individual.
n. Stalking. Any unwanted contact between two people
that directly or indirectly communicates a threat or places one of the people in
fear for their personal safety.
o. Threat.
Any gesture or verbal or written expression a reasonable person would interpret
that conveys intent to cause physical/non-physical harm to the individual or their property, either
presently or in the future.
p. Violence. Physical
force or other actions exerted for the purpose of violating, damaging, or
abusing another person.
5. PROHIBITED
BEHAVIOR
Violence
in the workplace may include, but is not limited to the following list of prohibited behaviors directed at or by a co-worker,
supervisor, or member of the public.
a. Direct threats.
b. Intimidation.
c. Implications or suggestions of
violence.
d. Stalking.
e. Bullying.
f. Possession, use, or threat of use of a
firearm, explosive, or other dangerous weapon by the following individuals is
prohibited:
(1) USDA employees at
work;
(2) anyone in USDA
Government owned or leased workplaces;
(3) anyone in
privately owned vehicles on official USDA business;
(4) anyone in USDA
Government owned or leased vehicles; or
(5) anyone in
privately owned vehicles parked in USDA Government owned or leased areas.
Exemption
to these prohibitions is permitted only when:
(1) the lawful
performance of official duties by an officer, agent, or employee of the United
States, a State, or a political subdivision thereof, who is authorized by law
to engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of law;
(2) the possession of
a firearm or other dangerous weapon by a Federal official or a member of the
Armed Forces if such possession is authorized by law;
(3) the lawful carrying
of firearms or other dangerous weapons in a Federal facility incident to
hunting or other lawful purposes; or
(4) additional
prohibitions can be made as to the possession, use, or threat of use of a
firearm, explosive, or other dangerous weapon as appropriate for their work
environment if approved by the Assistant Secretary for Administration.
The term
"dangerous weapon" (see Section 4, Definitions) as used in this
Departmental Regulation has the meaning given to it in 18 U.S.C.§930(g) (2).
Other than as specified in Sections 5f (1) through (4),
possession or use of a firearm, explosive, or other dangerous weapon on Forest
Service (FS) land is subject to FS regulation. (Weapons are not allowed on
national forest landsoutside of hunting seasons: (See State Game Regulations) shooting
ranges are the exception.
Firing a gun is not allowed:
(1) in or within 150 yards of a residence,
building, campsite, developed recreation site or occupied area;
(2) across or on a road or body of water; and
(3) in any circumstance whereby any person may be
injured or property damaged.
(36
CFR § 261.10(d))
g. Assault.
h. Physical restraint, confinement.
i. Dangerous or threatening horseplay.
j. Loud, disruptive, or angry behavior or
language that is clearly not part of the typical work environment.
k. Blatant or intentional disregard for
the safety or well-being of others.
l. Commission of a violent felony or
misdemeanor on USDA property.
m. Any other act that a reasonable person
would perceive as constituting a threat of violence.
6. AUTHORITIES
a. The USDA Handbook on Workplace Violence
Prevention and Response, October 2001.
b. Dealing with Workplace Violence, A Guide for Agency Planners, Office of Personnel Management.
c. USDA DR 4430-792-1 Employee Assistance
Program, March 12, 2012.
d. 18 U.S.C. 930, Possession of firearms and
dangerous weapons in Federal facilities.
e. USDA DR 4710-001 Alternative Dispute
Resolution, April 5, 2006.
f. 36
CFR § 261.10(d), Parks, Forest and
Public Property; Prohibitions, Occupancy
and Use.
7. RESPONSIBILITIES
a. Agency Heads
(1) Ensure that policies and procedures to
prevent and to respond to workplace
violence
are implemented at all work sites.
(2) Ensure the availability of effective EAP and ADR Programs.
(3) Ensure that
appropriate safety and law enforcement personnel complete
periodic on-site reviews of
safety and security of buildings and offices.
(4) Ensure facility
personnel improve the security level of the physical facilities
based on recommendations from the safety
and law enforcement review.
(5) Provide adequate
resources for employee awareness and training on workplace violence and
prevention.
(6) Develop reporting
and tracking procedures based on Agency specific mission requirements and
demographics.
b. Mission Area Human Resources Directors
(MAHRD)
(1) Develop a process to identify, report,
monitor, and respond to specific areas with high potential for workplace
violence.
(2) Provide for supervisory training on skills to:
(a) set clear
standards of conduct;
(b) address employee
problems promptly; and
(c) use of
performance counseling, discipline, and ADR programs.
(3) Provide technical expertise and consultation
to assist supervisors in determining proper
administrative action.
c. Supervisors
(1)
Inform employees of USDA/Agency
policy regarding workplace violence and prevention.
(2) If physical assault, harassment,
interference, intimidation or threat occurs:
(a)
immediately remove the affected employee(s)
from possible or further harm or danger;
(b) contact local law enforcement officials and/or
any available security personnel; and
(c) obtain medical treatment for any injuries if
necessary.
(d)
Contact your immediate supervisor as soon as possible to report the workplace
violence incident. If immediate
supervisor is not available, contact the next higher level supervisory
official.
(e)
Discuss strategies with the affected employee(s) to prevent future occurrences
by utilizing resources from and consulting with local law enforcement, human
resources staff and the EAP.
(f)
Offer EAP counseling for affected
employees and make arrangements as necessary.
(g) Take all threats seriously.
d. Employees
(1)
Be familiar with USDA and Agency
policies regarding workplace violence and prevention.
(2) If physical assault, harassment,
interference, intimidation or threat occurs:
(a)
Immediately remove themselves and
any other employees to the extent possible from further harm or danger;
(b) contact
local law enforcement officials and/or any available security personnel; and
(c)
obtain medical treatment for any
injuries if necessary.
Contact immediate supervisor as soon as possible to report a
workplace violence incident. If
immediate supervisor is not available contact the next higher level supervisory
official.
(3)
Take all threats seriously.
e. Employee Assistance Program Counselors
(1) Provide short-term counseling and referral
services to employees at no cost.
(2) Help in the prevention of workplace violence
through:
(a) early consultation on issues involved with
organizational change;
(b) training employees in dealing with angry
co-workers and customers;
(c) consulting with supervisors to deal with
problems as soon as they surface;
(d) consult with supervisors to identify specific
problem areas; and
(e) consult with incident response teams when a
potential for violence exists and sit in on debriefings in the event of an
actual violent event.
f. Alternative
Dispute Resolution Office
(1) Provide ADR as an optional tool in appropriate situations for resolving workplace conflicts and conflicts between USDA and its customers.
(2) Help in the prevention of workplace violence through various
ADR techniques:
(a) mediation - an informal process in which a neutral third party assists
the parties in conflict in reaching a voluntary, mutually agreeable
settlement;
(b) ombudsman - individuals who rely on a number of techniques to
resolve conflicts who interviews
parties, reviews files, and makes recommendations to disputants;
(c) fact-finding - the use of an impartial expert (or group) with the
authority
to determine what the “facts” are in a conflict; and
(d) facilitation - involves the use of techniques to improve the flow of
information in a meeting between conflicting parties.
8. INQUIRIES
Direct all inquiries to the Office of Human Resources
Management, Employee Relations Office, Room 320W Whitten Federal Building, 1400
Independence Ave. SW, Washington, D.C. 20250; telephone number (202) 720-3585.
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