Workplace Harassment and Violence Policy
Jefferson Laboratory (Jefferson Lab) is committed to providing a workplace that is safe and free from harassment and violence by establishing preventive measures and providing assistance and support to those who believe they may have been subjected to harassment or acts of violence in the workplace. This policy applies to all employees, users, vendors, and all others on Jefferson Lab premises. Any form of harassment and violence defined in this policy may be cause for disciplinary action, up to and including dismissal.
Violent behavior of any kind or threats of violence, include, but are not limited to the following:
- Taunting, bullying and other forms of harassment
- Implied (Covert) threats
- Verbal /Mental Abuse
- Threatening gestures
- Specific (Overt) Written or Verbal Threats
- “Scuffles” (Physical Contact)
- Destruction of property
- Assault - Physical, Sexual, Armed
- An event creating significant fear of imminent harm
- Unauthorized possession of firearms or other weapons on government premises
Any and all of the above that is either implied or direct, is prohibited at Jefferson Lab, on the premises and at Jefferson Lab sponsored events. All reported violations of this policy by employees, users, vendors or others will be investigated promptly by management, Human Resources and security as appropriate.
An employee who exhibits violent or harassing behavior may be subject to criminal prosecution and subject to disciplinary action up to and including dismissal. Violent threats or actions by a non-employee may result in criminal prosecution and removal from the Lab. Employees should bring forward any concerns they might have to their supervisor or other levels of management. If there are reservations about discussing a situation with a supervisor, employees should report concerns to Divisional management, Human Resources or use the Employee Concerns Program. Retaliation against a person who reports a complaint regarding violent behavior or threats of violence made to him/her is also prohibited. Such conduct by Lab employees, users or others will not be tolerated.
Harassment: Jefferson Lab defines harassment as the act of systematic and/or continued, unwanted and undesirable actions that annoys, threatens, intimidates, alarms, or puts a person or group in fear of their safety. If this type of misconduct interferes with an employee’s work or creates an intimidating, hostile, or offensive work environment, it may also be considered harassment.
Workplace Violence: Jefferson Lab defines “Workplace Violence” as any act of physical violence against persons or property, physical or verbal threats, or other hostile behavior (see the ‘Workplace Harassment and Violence Threat Level Table’) that poses imminent threats of danger and causes fear for personal safety.
Threat: The implication or expression of intent to inflict physical harm or actions that a reasonable person would interpret as a threat to physical safety or property.
Intimidation: Making others fearful or feeling inhibited through threatening behavior.
Weapon: A gun, knife, explosive, pyrotechnic, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, unless recognized as standard work tool.
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:
- Direct threats or physical intimidation (see the ‘Workplace Harassment and Violence Threat Level Table’)
- Implications or suggestions of violence
- Blatant or intentional disregard for the safety or well-being of others
- Possession of weapons of any kind on Jefferson Lab property, including parking lots, other exterior premises or while engaged in activities for Jefferson Lab in other locations, or at Jefferson Lab-sponsored events
- Physical contact/restraint
- Loud, disruptive or angry behavior or language that is clearly not appropriate to a professional work environment
- Assault of any form
- Commission of a violent felony or misdemeanor on Jefferson Lab property
- Any other act that a reasonable person would perceive as constituting a threat of violence, harassment or causing fear of harm or endangerment
REPORTING ACTS OR THREATS OF VIOLENCE:
An employee who:
- Is the victim of violence, or
- Believes he/she has been threatened (or is being threatened) with violence, or
- Witnesses an act or threat of violence towards anyone else
Shall take the following steps:
- If an emergency exists and the situation is one of immediate danger, the employee is to contact the local police officials by dialing 9-1-1, and take whatever emergency steps are available and appropriate to protect himself/herself from immediate harm
- See ES&H Manual 3510 Appendix T5 - Active Threat Emergency Procedure for more information
- If the situation is not one of immediate danger, the employee should report the incident to the appropriate supervisor, manager, Associate Director, Human Resources or security as soon as possible
- Management and/or Human Resources will complete the Lab Workplace Violence Incident Form upon receipt of the reported concern. The reporting employee will review the completed form detailing the allegations for accuracy
RESPONDING TO WORKPLACE VIOLENCE CONCERNS:
It is the responsibility of Lab management, Human Resources and Security to promptly investigate acts of violence or threats in order to protect employees from danger and unnecessary anxiety concerning their welfare. Simultaneously, Security will refer certain matters to local police for their review and determination of potential violation of civil and/or criminal law when appropriate.
Procedures for investigating incidents of workplace harassment or violence include:
- The Lab will utilize the same investigation protocol as used for other reported conduct/behavior related issues/concerns as described in the Human Resources Administrative Manual, Section 208.04, Employee Performance and Conduct, Sexual Harassment.
- If an employee believes he/she has been subjected to or witnessed an act of harassment or violence in the workplace, he/she should inform the supervisor, manager, Associate Director or Human Resources immediately and include a written statement that provides specifics details about the incident/allegation. Management is to work in concert with the Associate Director, Human Resources and Security as appropriate to ensure that allegations of workplace harassment or violence are investigated. After a review of the investigation, management will coordinate with Human Resources to determine the appropriate response, to include corrective action, employee termination and/or civil/criminal prosecution. The Lab guarantees that no retaliatory action will be taken against anyone for reporting or inquiring in good faith about potential breaches of policies or for seeking guidance on how to handle suspected breaches.
- Jefferson Lab's Employee Concerns Program (ECP) provides a risk-free way to anonymously and confidentially report activities that may involve unsafe, fraudulent, unethical, or otherwise inappropriate behavior in violation of Jefferson Lab's policies: Code of Ethics, Standards of Conduct or Workplace Violence. In all cases, bringing the concern to the attention of the first-line supervisor is the preferred method to resolve these issues. Management is often the Point of Contact (POC) for the issue in question and possesses the knowledge and/or resources to promptly address the situation. However, since this is not always possible, the ECP offers an effective alternative. Note: the Employee Concerns Program (ECP) should not be used for matters of imminent danger or emergency situations.
Complaints may be filed by phone or by accessing the third party vendor for the Employee Concerns Website 24 hours a day.
- The Jefferson Lab Employee Concerns Hotline is 1-888-296-8301
- The Employee Concerns Website is http://www.jsaecp.ethicspoint.com
TRAINING AND INSTRUCTION:
The Lab’s Security Department, Human Resources Department and Line Management shall be responsible for ensuring that all employees, including managers and supervisors, are provided training and instruction on personal security practices in the workplace. Training and instruction shall be provided as follows:
- To all current employees when the policy is first implemented
- To all newly hired employees, supervisors and managers during New Employee Orientation
- To affected employees whenever management is made aware of a new or previously unrecognized security risk
Workplace security training and instruction includes, but is not limited to, the following:
- Preventive measures to reduce the threat of workplace violence, including reporting and investigative procedures
- Awareness of workplace violence categories and appropriate responses/resources available to protect and assist
- Understanding that no persons may possess or cause to be present a firearm or other dangerous weapon in a Federal facility, regardless of any and all permits or licenses.
Appendix 1: Workplace Violence Incident Report Form