be easy to read and understand;

cover acts of violence (regardless of whether the act results in physical injury), harassment, bullying, and other intimidation;

prohibit employees from bringing weapons to the workplace (although outside the scope of this Checklist, some states have laws that permit employees to keep guns in a locked car on the employer's property (see Practice Note, State Guns-at-Work Laws Chart: Overview));

set procedures for employees to report threats or violent acts;

set a disciplinary procedure for employees who violate the policy;

explain the resources available to employees, including counseling services and an employee assistance program (EAP) if applicable (see Employee Assistance Program (EAP)); and

prohibit discrimination and retaliation against workplace violence victims (for example, see Standard Document, Anti-Retaliation Policy).

review state law and confirm whether searching an employee's email or workspace in response to a complaint is permitted (see Employee Privacy Laws: State Q&A Tool);

maintain a communications policy that complies with state law and informs employees that workplace email is subject to monitoring (for a sample communications policy, see Standard Document, IT Resources and Communications Systems Policy); and

consider a workplace search policy that complies with state law and informs employees that certain areas (such as lockers or desks) are subject to search (for a sample workplace search policy, see Standard Document, Workplace Searches Policy).

notifying security personnel and local law enforcement;

requesting a fitness-for-duty exam if an employee who violated the workplace violence policy takes leave for a mental condition under the Americans with Disabilities Act of 1990 (ADA) or Family and Medical Leave Act (FMLA) and there is concern that the employee suffers a continuing disability or serious health condition that affects the employee's ability to perform the essential functions of his job (however, some courts have held that employers cannot request a fitness-for-duty exam under the ADA if the employee presents a certificate from a health care provider certifying the employee's ability to return to work) (see Practice Note, Mental Health Conditions in the Workplace);

seeking a restraining order to prevent violence against an employee, if permitted by state law (for example, California and Georgia permit employers to seek restraining orders); and

educating employees about resources available, including counseling services and an EAP if applicable (see Employee Assistance Program (EAP)).

issue identification or security access cards to employees to prevent unauthorized access to the workplace;

confirm that security prohibits former employees from visiting the workplace without prior authorization;

install security measures as appropriate (such as alarm systems, surveillance cameras, or metal detectors);

provide field staff with cell phones and a contact person to speak to regarding their location;

reconfigure furniture in work areas to prevent employees from being trapped in a violent situation; and

confirm that the building, outdoor areas, and parking lots have adequate light and comply with safety code requirements.

prohibit employees from using alcohol or controlled substances at the workplace in accordance with state law and the ADA (which protects individuals who use legally prescribed medications);

state the consequences of an employee violating the substance abuse policy; and

alert employees that an employer reserves the right to drug test, if permitted under state law.

substance abuse;

financial problems; and

emotional distress.

how they will be informed about a violent situation (for example, by email, cell phone, or public address system);

designated safe areas to gather and exit the workplace, if necessary; and

the evacuation plan for employees to follow.

distributing the policies and safety plan in an employee handbook or stand-alone documents to all employees, including new hires;

obtaining and retaining a signed acknowledgment from each employee who receives a copy of the policies and safety plan; and

redistributing the policies and safety plan periodically (at least annually) and obtaining updated acknowledgments from each employee.

workplace violence and substance abuse policies;

techniques to recognize the potential for violence, including warning signs (such as verbal abuse to coworkers or angry outbursts);

procedures for reporting workplace violence acts or threats;

safety plans, including procedures to follow in the event of a violent situation at the workplace; and

resources available for stress management, including an EAP if one exists.

promoting workplace safety by ensuring employees follow safe work practices;

identifying and evaluating potential threats (for example, involuntary separation of an employee with violent tendencies);

crisis management and techniques to diffuse workplace conflicts (for example, removing possible weapons from desks and calming an individual who may become aggressive);

encouraging employees to report all threats of workplace violence;

recordkeeping and compliance with the Occupational Safety and Health Act and state law (workplace violence that causes stress or mental illness can be an occupational injury); and

providing information and assistance to workplace violence victims.

taking all complaints of workplace violence seriously;

promptly investigating complaints of workplace violence, including interviews, documents, and confidentiality (see Conducting an Internal Investigation Checklist);

conducting investigations in compliance with applicable privacy laws (see Practice Note, Privacy in the Employment Relationship);

informing employees about counseling services and an EAP, if one exists (see Employee Assistance Program (EAP)); and

when to involve security or local law enforcement.

written policies, plans, or programs;

employee training;

safety committees; and

recordkeeping and reporting of workplace violence incidents.

the nature of the crime committed (character and severity of the offense);

the length of time since the conviction; and

the applicant's work record since the conviction.

restrict an employer from investigating and using criminal convictions in hiring decisions; or

require an employer to hire a former inmate if the applicant is qualified for the position and there are no other reasons to exclude the applicant other than a criminal conviction.

document any performance deficiencies so an employee is not surprised if the employee's poor performance leads to termination;

prepare for a termination meeting, including preparing what the employer must say to the employee;

consider having another individual present at the termination meeting to serve as a witness;

be direct about the reasons for termination;

choose a private meeting location out of view of the office traffic;

time the meeting to allow for privacy and no interruptions; and

consider providing outplacement or counseling services to terminated employees.