Establishing a Best-in-Class Workplace Violence Prevention Program. Matthew Doherty, Senior Vice President, Hillard Heintze

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1 Establishing a Best-in-Class Matthew Doherty, Senior Vice President, Hillard Heintze

2 Agenda Employee Safety Is a Top Priority Protecting the Workplace What We Learned about Attackers Behavioral Threat Assessment The Threat Assessment Process A Roadmap to Preventing Workplace Violence 2

Employee Safety Is a Top Priority The business benefits of a workplace violence prevention program Increased workplace and employee security Higher employee morale leads to improved levels of

3 Employee Safety Is a Top Priority The business benefits of a workplace violence prevention program Increased workplace and employee security Higher employee morale leads to improved levels of productivity Uninterrupted business operations Stronger enterprise risk management Greater cross-functional collaboration and information sharing Early identification of red flags and opportunities to intervene Ability to perform basic threat assessments in-house Lower risks of lawsuits and settlements 3

Employee Safety Is a Top Priority Employers must be aware of the legal implications of workplace violence prevention The Health Insurance Portability and Accountability Act (HIPAA) The Family

4 Employee Safety Is a Top Priority Employers must be aware of the legal implications of workplace violence prevention The Health Insurance Portability and Accountability Act (HIPAA) The Family Educational Rights and Privacy Act (FERPA) Duty to Warn The Tarasoff Case State labor laws related to weapons and mental health commitment Laws prohibiting discussion or discrimination based on knowledge of domestic violence 4

5 Employee Safety Is a Top Priority Employers must maintain a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm... OSHA/MOSHA 5

6 Employee Safety Is a Top Priority Family of Navy Yard shooting victim files $37.5 million wrongful-death claim Suit alleged the Navy and the Department of Veterans Affairs overlooked or missed a series of red flags that should have alerted them to the troubled history of the shooter The action inspired other victims families to seek legal advice or file lawsuits 6

7 Protecting the Workplace The FBI defines workplace violence as any action that could threaten the safety of an employee, impact an employee s physical or psychological well-being, or cause damage to company property. 7

8 Protecting the Workplace Early identification and response to low-level behaviors of concern is critical to prevention A culture of safety encourages employees to report concerns as they emerge rather than wait until they escalate. 8

Protecting the Workplace Common roadblocks to early intervention in workplace violence prevention Lack of awareness about the knowable indicators of behaviors that could point to a potential attack

9 Protecting the Workplace Common roadblocks to early intervention in workplace violence prevention Lack of awareness about the knowable indicators of behaviors that could point to a potential attack Poor understanding of risk and mitigation measures Absence of a formal workplace violence prevention program Shortfalls in policies, training, sustained executive sponsorship and sufficient security-related funding 9

10 Protecting the Workplace Prevention and early intervention To manage threats associated with workplace violence, we must first gain an understanding of the factors that may indicate potential risk. 10

11 What We Learned About Attackers The Exceptional Case Study Project Five-year study examined the thinking and behavior of 83 subjects who carried out 74 attacks from 1949 to Target Selection 2. Motive 3. Planning 4. Mental Illness 5. Communications 6. Security 11

12 What We Learned About Attackers Targeted violence is any incident of violence where a known or knowable attacker selects a particular target prior to their violent attack. 12

They make a direct threat FACT 1: Attackers do not fit one

attackers have developed organized and rational attack plans

13 Myths versus Facts MYTH 1: They fit a distinct profile MYTH 2: Mentally ill attackers are irrational in their planning MYTH 3: They make a direct threat FACT 1: Attackers do not fit one descriptive or demographic profile FACT 2: Mentally ill attackers have developed organized and rational attack plans FACT 3: Persons who pose an actual threat most often do not make a threat 13

14 What We Learned About Attackers Attack-related behaviors Interest or obsession with violence Develop attack plan Approach or visit site of attack Attempted assault or actual attack Attempt to penetrate security Approach or visit site with weapon 14

What We Learned About Attackers Attackers have motives Attackers select targets Attackers have common backgrounds Achieve fame and notoriety Law-enforcementassisted suicide Bring national attention

15 What We Learned About Attackers Attackers have motives Attackers select targets Attackers have common backgrounds Achieve fame and notoriety Law-enforcementassisted suicide Bring national attention to a perceived problem Based on their motives and the accessibility of the target Often consider more than one target Despair, depression, suicidal thoughts History of harassing or stalking Major loss or change in life Few arrests for violent crimes 15

16 Behavioral Threat Assessment Behavioral threat assessment is the process of gathering and assessing information about persons who may have the interest, motive, intention and capability of committing an act of targeted violence. 16

17 Behavioral Threat Assessment Threat assessment is the approach supported by the Exceptional Case Study Project Various approaches to assessing the likelihood of violence exist. Most are effective in one or more respects but ineffective in others. Profiling Automated Decision- Making Structured Clinical Assessment/ Guided Professional Judgment 17

18 Behavioral Threat Assessment The threat assessment process is a continuum from inquiry to investigation. Identify Individuals who have the idea or intent of violence Assess If the individual poses a risk gather information from multiple sources Manage The threat the individual poses 18

The Threat Assessment Process Assess potential threats from the outside looking in Always remember that the question at the core of a threat assessment is not Has

19 The Threat Assessment Process Assess potential threats from the outside looking in Always remember that the question at the core of a threat assessment is not Has the subject made a threat? but Does the subject pose a threat? Investigations are behavior-based rather than statement-based Information sharing is key to prevention 19

The Threat Assessment Process Understand the connection between domestic violence and violence at work Behaviors of concern related to domestic violence The cycle of

20 The Threat Assessment Process Understand the connection between domestic violence and violence at work Behaviors of concern related to domestic violence The cycle of domestic violence Restraining orders Physical security of the employee victim and coworkers Domestic violence between coworkers Relevant laws associated with domestic violence 20

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22 The Threat Assessment Process Workplace violence prevention is not best left to traditional law enforcement Without specific training on violence prevention, law enforcement may fail to act on reported information or respond in a meaningful way. 22

23 The Threat Assessment Process Radicalization and the extremist threat Radicalization falls into a subset of workplace violence behaviors that includes three types of attackers Violent Extremist Homegrown Violent Extremist (HVE) Domestic Terrorist 23

24 A Roadmap to Preventing Workplace Violence Step 1: Conduct a needs assessment Evaluate strengths, resources and processes in Legal, Compliance, HR, Security and other departments. 24

A Roadmap to Preventing Workplace Violence Step 2: Develop a Workplace Violence Prevention program Include clear, actionable guidance on areas ranging from

25 A Roadmap to Preventing Workplace Violence Step 2: Develop a Workplace Violence Prevention program Include clear, actionable guidance on areas ranging from formation of a cross-functional, multi-disciplinary team to core operational policies, practices, compliance, privacy, reporting issues and an incident tracking system. 25

A Roadmap to Preventing Workplace Violence Step 3: Train key stakeholders Develop distinct curriculums for each of three groups: the general workforce, managers and the Threat

26 A Roadmap to Preventing Workplace Violence Step 3: Train key stakeholders Develop distinct curriculums for each of three groups: the general workforce, managers and the Threat Assessment Team members Focus on awareness as a vital first line of defense Emphasize reporting protocols Identify the roles and responsibilities of Threat Assessment Team members 26

For More Information Matthew Doherty Senior Vice President, Security Risk Management matthew.doherty@hillardheintze.com 202.306.

27 For More Information Matthew Doherty Senior Vice President, Security Risk Management Hamisi Amani-Dove Senior Account Executive, Strategic Relationships South Wacker Drive, Suite 1400, Chicago, Illinois

Incorporating Behavioral Threat Assessment into Emergency Planning. Internal and External Threats to Safety

Incorporating Behavioral Threat Assessment into Emergency Planning Internal and External Threats to Safety Threat Assessment Compliments Risk Assessment Need to know what specific or general threats are