Overview

Description:  Possession of weapons or workplace violence is prohibited at any DHS work site. This policy addresses the duties of all employees and volunteers to adhere to these prohibitions along with potential consequences for not abiding by them. It also outlines procedures to report either (a) observations of others whose conduct or behavior is contrary to this policy or (b) specific circumstances such as threats or the existence of restraining, stalking, or other protective orders, that may impact the workplace.

Purpose/Rationale: To safeguard the well being of employees, volunteers, clients and visitors at DHS worksites.

Applicability: All Department of Human Services employees and volunteers.

Failure to Comply: Possession of weapons or engaging in workplace violence as prohibited by this policy may lead to disciplinary action, up to and including dismissal. In addition, a referral may be made to law enforcement authorities that may result in criminal charges.

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Policy

1. Weapons
1. Items or objects that have been brought into the workplace that are not authorized and create or could create a risk of violence are prohibited. Examples of such items include but are not limited to:
1. Firearms
2. Explosives
3. Chemicals or biological substances
4. Hatchets, knives, and other objects or materials capable of causing death or serious injury.
2. Storage of a weapon in a vehicle that is parked in a parking space designated for DHS business or employee parking is prohibited by employees and volunteers.
3. Possession or use of a weapon while engaged in official agency business or at any time while in a state owned or controlled building or property, or vehicle, is prohibited.
2. Policy Clarification
1. Possession of a license to carry a concealed handgun under ORS 166.291 and 166.292 does not exempt an employee from this policy.
2. Employees who carry mace/pepper spray for personal protection, while coming to and going from work, may bring them onto a DHS worksite. However, it is a violation of this policy for an employee, volunteer or other individual associated with DHS to have mace/pepper mace on his or her person (including hand bags, briefcases, etc.) in any interaction with a client, a client’s family members, or other individuals with whom DHS does business or is enquiring about services.

NOTE: An employee who carries mace or pepper spray for his or her personal protection while coming to and going from work may be held personally liable for the cost of property damage, clean up, or injury to others should the canister discharge.

3. Workplace Violence

Use of harassing, threatening, or violent behavior, as defined in this policy, against any individual associated with DHS is prohibited.

4. Reporting
1. Employees and volunteers are required to report any prohibited action listed in paragraphs "1. Weapons" and "3. Workplace Violence", above.
1. Employees and volunteers are required to report not only what they have directly observed or been subjected but that which they have heard about or has been rumored.
2. Reporting is required without regard to the relationship between the individual who initiated the prohibited behavior and the individual against whom it is directed.
2. Retaliation against any individual for reporting is prohibited.
3. Employees of DHS institutions are to follow the institution’s internal procedure for reporting of incidents involving patients or clients.
4. Employees and volunteers are encouraged to inform their supervisor or the Office of Human Resources if they are involved in a non-work related (including domestic matters) situation that may pose a risk to the workplace. Management will work with the employee to develop a plan for the employee’s and coworkers' safety.
1. See DHS Policy DHS-060-032, Workplace Effects of Domestic Violence, for additional information.
5. When a DHS employee or volunteer who is the victim of a domestic situation, or any other DHS employee, has knowledge that an individual intends, or has made threats to carry out an act of violence at a DHS worksite, then an employee/volunteer is required to immediately notify management.
6. Employees and volunteers who have listed a DHS worksite in restraining, stalking, or other protective, order are required to immediately notify management.
7. Employees shall follow established local office procedure for how to report to local management. Managers shall take steps to initiate documentation into the Threat Incident Notification System (TINS).
5. Consequences for policy violation
1. Employees who violate this policy will be subject to a personnel review that could lead to discipline up to and including dismissal. Volunteers may have their service terminated.
2. A referral may be made to law enforcement authority, which may result in criminal charges.
6. Response to violence or possession of weapons by others
1. When a visitor brings a weapon into a DHS worksite, law enforcement shall be notified, even if the visitor indicates that they have a permit to carry a concealed handgun.
2. DHS management shall respond appropriately to workplace violence or the possession of weapons on DHS worksites by individuals other than employees. Appropriate actions may include notification of law enforcement (required for possession of weapons), notification of trespass from DHS worksite(s), suspension or termination of the relationship with the department and notification of partners, state or other government agencies. Notification of threats against other entities will be through law enforcement.

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Procedure(s)

• DHS-080-008-01, Prevention of Violence/Weapons in the Workplace Procedure
• DHS-080-008 Addendum, Safety Expectations and Roles Related to Violence in the Workplace

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Form(s)

• DHS 0052, Threat Incident Response Matrix
• DHS 0053, Emergency Action Handbook - PDF, Word or WordPerfect

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Reference(s)

• DHS-080-008 Addendum: Safety Expectations and Roles Related to Violence in the Workplace
• DHS-060-032, Workplace Effects of Domestic Violence
• DHS Safety & Health website: Threats
• "Managing the Aftermath of a Traumatic Incident" - information from Cascade Centers
• DAS Policy 50.010.02, Violence Free Workplace
• DAS Policy 125-6-321, "Prohibiting Possession or Use of Firearms . . . on the Premises of State Office Buildings"
• DAS RisKey "Armed and Dangerous"
• ORS 161.015(1) and (2) (defining "dangerous" and "deadly" weapons)
• ORS 163.211, 163.212, 163.213 (defining mace)
• ORS 166.210(2) (defining firearm)
• ORS 166.370 (regulating the possession of firearms or dangerous weapons in public buildings)
• ORS Chapter 276 (authority for State to regulate state leased or owned buildings and parking)

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Definition(s)

Centralized Threat Assessment Team (CTAT): Representatives of Facilities, Human Resources, Safety & Health, and other DHS work areas available to advise and assist managers upon receipt of a threat or an act of violence.

Critical Incident Stress Debriefing (CISD): Led by persons trained in debriefing procedures such as the Employee Assistance Program provider.

Harassing behavior: A form of treatment or behavior that is intimidating, hostile, threatening, violent, abusive or offensive.

Possession: To exercise authority or control over property.

Restraining order: A legal document issued by a court, which prohibits an individual from approaching another individual. May list the workplace as a prohibited location.

Retaliation: Any form of different treatment towards another person because of their actions or involvement in reporting workplace incidents. Examples include, but are not limited to, ignoring or negatively talking about the person.

Stalking Order: A legal document issued by a court, which prohibits an individual from approaching another individual.

Threat or Threatening Behavior: A physical, verbal, or written act that expresses an intent to cause physical or psychological harm, or both, against an individual, covered by this policy, his or her family members, or damage to his or her property or to State property. Examples of such conduct include, but are not limited to, name-calling, shouting, fist shaking, aggressively pointing or throwing any object at individuals, and statements of implied harm.

Trespassed: Action taken by DHS management, after approval by DHS Safety & Health, to inform a person that they are restricted from entering a building without special arrangements or they will be subject to criminal trespass.

Violence or Violent Behavior: A physical, verbal, or written act carried out or caused to be carried out which results, or may result, in physical or psychological harm, or both, to an individual covered by this policy, his or her family members, or damage to his or her property or state-owned property. Examples of such conduct include, but are not limited to, physical displays of aggression, such as hitting, pushing, pinching, grabbing, and throwing things at others. Also included by this definition are situations in which physical or psychological harm occurs, even if it was not intended to result in such harm; i.e., horseplay and practical jokes.

Worksite: Any place where the Department conducts business. This includes DHS-owned or leased offices or buildings; State-owned vehicles; personal vehicles when used on official state business; clients' homes; or other locations where DHS business is being conducted.

• Also See Agency-wide Policies Common Terms

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Contact

• Name: Robert Salinas III; Phone: 503-945-6380; E-mail: robert.salinas@state.or.us

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Policy History

• Version 1.0:
  • 06/14/2004 - Initial Release (Supercedes DHR Policies 50.200.13A, Weapons, and 50.010.01A, Prevention of Violence in the Workplace)

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If you have comments about this site, send email to dhs.policyinfo@state.or.us.

Oregon Department of Human Services
500 Summer St. NE E25, Salem, OR 97301-1098
Phone: (503) 945-5944
Fax: (503) 378-2897
TTY: (503) 947-5330