UNCLASSIFIED (U)

3 fam 4150

workplace violence

(CT:PER-677; 05-17-2012)
(Office of Origin: HR/ER)

3 fam 4151 PURPOSE

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Every Department of State employee must maintain a workplace that is free of violent and threatening behavior. This regulation communicates the Departments policy on preventing and responding to violence in the workplace.

b. The Workplace Violence Incident Assessment Team (WVIAT) provides guidance to incident responders (supervisors, managers, HR officers, Bureau of Diplomatic Security, etc.) regarding response measures and responsibilities for incidents of violence in the Departments workplace.

3 fam 4152 policy

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Department will not tolerate workplace violence on any premises it owns, leases, or that are under chief-of-mission authority abroad, including parking lots and garages. Any employee found to be engaging in workplace violence may be subject to discipline up to and including separation from employment and/or removal from the premises and/or curtailment from post. Where there are violations of local or Federal law, an incident of workplace violence may lead to an arrest or prosecution.

3 fam 4153 subchapter definitions

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Threatening behavior: Any use of words or actions that may intimidate or provoke a reasonable person and/or interfere with the performance of official duties.

Violence: A range of behaviors or actions that a reasonable person would consider to pose a danger or threat in the workplace.

Violent behavior: Any physical attack against a person or property.

Workplace violence: Any threatening behavior, violent behavior, or violence occurring in a workplace setting. Workplace setting includes but is not limited to any premises that the Department owns or leases, or that are under chief-of-mission authority abroad, including parking lots and garages.

3 FAM 4154 Categories of Workplace Violence

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Although some actions may clearly constitute workplace violence (e.g., striking a co-worker), others may not be so obvious. The following examples illustrate behaviors that maydepending upon the specific circumstancesconstitute violation of the workplace violence policy.

Violent Behavior

Examples (not all-inclusive)

Threatening Behavior

Examples (not all-inclusive)

Unwanted physical contact

Destruction of property

Shoving

Grabbing

Jabbing

Breaking or throwing equipment

Breaking or putting holes in doors, walls, or windows, etc.

Implied threats

Written or verbal threats

Verbal/mental abuse

Harassment

Intimidation

Bullying

Screaming, yelling in a threatening manner, e.g., Youll pay for this or Youll be sorry

Intentionally crowding to intimidate

Blocking access to or exit from

3 FAM 4155 Preventing Workplace Violence

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Every employee is expected to use the Departments resources preemptively to address workplace stressors in order to prevent his or her own behavior from becoming violent or threatening.

b. The Office of Medical Services Employee Consultation Services (MED/ECS) provides confidential counseling and referral services at no cost to employees.

c. Information Quest (IQ) is a comprehensive and confidential resource and referral service that assists employees who are searching for ways to balance the demands of their professional and personal lives. Additional information can be found on the Information Quest Web site.

d. The Foreign Service Institute (FSI) offers courses to help employees understand the motivations that trigger violence in the workplace and discusses the Departments policy on workplace violence. Additional information can be found on the Foreign Service Institute Web site.

3 FAM 4156 Responsibilities

3 FAM 4156.1 Employees

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Department of State employees should familiarize themselves with the Departments workplace violence regulation, workplace violence cable(s) and notice(s). All employees should familiarize themselves with the Office of Personnel Managements workplace violence guide which can be found on the Office of Personnel Managements Work/Life Web site.

b. Department of State employees should familiarize themselves with the procedures for reporting an emergency and contacting appropriate emergency services and first responders so that employees are prepared to respond in the event of a workplace violence incident.

c. In the event of an immediately threatening or violent situation, all Department of State employees should:

(1) If the incident takes place in the United States, call 911 when there is an injury or an immediate risk of injury in the workplace;

(2) Alert the appropriate law enforcement or security office at his or her location when there is risk to his or her safety or the safety of others, injury, or immediate risk of injury. In the Washington, DC area dial extension 7-9111 or the appropriate telephone number for the law enforcement or security office at his or her location;

(3) Immediately report threatening or violent behavior to supervisors after securing emergency medical assistance as needed;

(4) Move to a safe area away from the individual(s) making threats or exhibiting violent behavior. Do not confront the individual or individual(s); and

(5) Take all threats and acts of violence seriously.

3 FAM 4156.2 Supervisors and Managers

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Supervisors and managers should:

(1) Ensure that all staff are aware of emergency response procedures and have access to contact telephone numbers for all appropriate resources, including emergency responders;

(2) Inform employees of this workplace violence regulation, as well as the associated Department cable(s) and notice(s);

(3) Report potential threats at the earliest opportunity to the bureaus or posts human resources (HR) officer so appropriate steps may be taken to preemptively address the situation; and

(4) In the event of an immediately threatening or violent situation, supervisors and managers should:

(a) Seek medical first aid and medical treatment for all those injured including contacting 911 if in the United States, as appropriate;

(b) Immediately contact the Bureau of Diplomatic Security (DS), posts regional security officer (RSO) or municipal safety and security resources as outlined in their offices emergency response plan;

(c) Ensure that everyone, including themselves, is in a safe location while the incident response is underway;

(d) Contact the bureau HR officer and report the incident once they are in a safe location; and

(e) Once the workplace is deemed safe and the injured are treated, supervisors and managers should identify participant(s) and/or witness(es), especially if the individuals cannot or will not remain at the scene. They should also document any information to help assist DS with the potential investigation.

3 FAM 4156.3 Bureau/Post Management

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Bureau/post management should ensure that all employees are aware of the Departments workplace violence notices which indicate that violent and threatening behavior will not be tolerated. Such behavior should be taken seriously and should be reported. Investigations will take place as appropriate.

b. In cases where the presence of the violent or threatening employee poses a threat to his or her co-workers:

(1) After consultation with the appropriate human resources officer in the bureau or at post, the immediate supervisor may approve up to 16 hours of administrative leave;

(2) Additional administrative leave may only be approved by the Deputy Assistant Secretary (DAS) in the Bureau of Human Resources after the bureau, post or appropriate HR office consults with the Conduct, Suitability, and Discipline Division in the Office of Employee Relations; and

(3) In conjunction with the Workplace Violence Incident Assessment Team (see 3 FAM 4157), bureau/post management should determine whether continued suspension of duties may be required, which will entail further approval and extension of administrative leave.

c. Bureau/post management should provide employees, supervisors, and managers with easily accessible information on workplace violence policy, emergency reporting, and response procedures.

d. Bureau/post management should conduct regular reviews of emergency reporting and response procedures to update information.

3 FAM 4156.4 Bureau of Diplomatic Security (DS)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Bureau of Diplomatic Security (DS):

(1) Provides security guidance to bureau and post human resources (HR) officers regarding the proper emergency response measures to be taken in violent or threatening situation(s);

(2) Ensures uniform protective officers and other first-responder security personnel respond to an incident as soon as possible to restore order and safety to the work environment, as appropriate;

(3) Assists in ensuring proper medical treatment is provided until medical personnel arrive, when needed;

(4) Escorts involved employee(s) from premises if there is a belief that the violent or threatening employees continued presence poses a threat;

(5) Conducts investigations into allegations of workplace violence, as appropriate. In some cases the initial investigation may determine that no action is warranted by DS or the RSO and that appropriate action lies with management, human resources officers, or the Office of Medical Services (MED); and

(6) Determines continued eligibility for an individuals security clearance in accordance with the Government-wide Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, and conducts the issuance and withdrawal of public trust certifications consistent with governing suitability standards.

3 FAM 4157 Workplace Violence Incident Assessment Team (WVIAT)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. The purpose of the Workplace Violence Incident Assessment Team (WVIAT) is to provide guidance to incident responders (supervisors, managers, HR officers, Bureau of Diplomatic Security, etc.) on managing an incident(s) or suspected incident(s) of workplace violence, as appropriate.

b. The WVIAT has four primary functions:

(1) Review and determine appropriate course(s) of action for workplace violence cases brought before the team;

(2) Provide a central point of reporting to identify, as appropriate, any trends in incidents related to specific locations or job categories;

(3) Provide recommendations to the Department on updated or new informational resources; and

(4) Ensure all regulations, policies, and procedures are up-to-date and informative.

3 FAM 4158 WVIAT Members and Responsibilities

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. The composition of the Workplace Violence Incident Assessment Team (WVIAT) may vary depending on the situation being assessed. However, core members participate regardless of the specific incident.

b. WVIAT core members include:

(1) The Deputy Assistant Secretary for the Bureau of Human Resources (DGHR);

(2) The Office of Employee Relations (HR/ER);

(3) The Bureau of Diplomatic Security (DS);

(4) The Office of Medical Services (MED);

(5) The Office of the Legal Adviser (L); and

(6) Regional or functional bureau human resources officer(s).

3 FAM 4158.1 The Deputy Assistant Secretary for the Bureau of Human Resources

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Deputy Assistant Secretary for the Bureau of Human Resources who handles the Office of Employee Relations portfolio:

(1) Provides oversight and monitors core team assignments;

(2) Ensures that follow-up is conducted; and

(3) Decides appropriate action, based on the Workplace Violence Incident Assessment Teams (WVIAT) recommendations.

3 FAM 4158.2 Office of Employee Relations (HR/ER)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Office of Employee Relations (HR/ER):

(1) Determines employees status and leave options;

(2) Prepares and maintains official records (except for medical records);

(3) Reviews history of workplace interventions in similar situations to ensure a consistent Department response; and

(4) Coordinates meetings and activities of the WVIAT.

3 FAM 4158.3 Bureau of Diplomatic Security (DS)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Bureau of Diplomatic Security (DS):

(1) Responds to and evaluates incidents of workplace violence;

(2) Takes appropriate action to ensure the safety of employees and others in the workplace;

(3) When appropriate, the DS Special Investigations Division (DS/ICI/SID) conducts a criminal or administrative investigation; and

(4) Briefs the Workplace Violence Incident Assessment Team (WVIAT) on any investigation findings.

3 FAM 4158.4 Office of Medical Services (MED)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Office of Medical Services (MED):

(1) Provides medical advice and recommendations, as appropriate; and

(2) Provides mental health and/or occupational medicine resources to review medical records released voluntarily by the involved employee, as appropriate.

3 FAM 4158.5 Office of the Legal Adviser (L)

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Office of the Legal Adviser (L) reviews the incident and responses with other members and provides advice and counsel to ensure compliance with appropriate laws and regulations.

3 FAM 4158.6 Bureau of Human Resources (HR) Officers and Specialists

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Bureau of Human Resources (HR) officers and specialists:

(1) Provide relevant information about employees current and/or prior conduct;

(2) Prepare administrative paperwork, i.e., request for administrative leave, etc., as needed; and

(3) Work with bureau/post management to determine whether administrative action is warranted if the incident does not rise to the threshold of further investigation by the Bureau of Diplomatic Security (DS).

3 FAM 4159 WVIAT Procedures

3 FAM 4159.1 Immediate Actions

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

When incident responders (supervisors, managers, HR officers, Bureau of Diplomatic Security) first refer an incident to the Workplace Violence Incident Assessment Team (WVIAT), the team should:

(1) Evaluate the information obtained by the Bureau of Diplomatic Security (DS) and the supervisor or management official;

(2) Decide if input from additional Department officials and/or bureaus is needed;

(3) Review the employees present and prior performance and conduct; and

(4) Consider whether an independent medical exam should be offered to the employee for the purposes of evaluating his or her ability to perform the functions of the employees position safely and efficiently:

(a) In determining whether an independent medical exam should be offered, the WVIAT will perform an individualized assessment of the relevant facts based on all available information, including but not limited to the DS investigative report; the observed behavior of the employee; the underlying incident; and any medical documentation provided by the employee;

(b) If the employee is in the Bureau of Diplomatic Security and his or her job duties require the use of special protective equipment, DS may determine separately whether to recommend to the Director that the employee be ordered to take a Fitness for Duty Examination pursuant to 3 FAM 4910;

(c) If the WVIAT determines that an independent medical examination may be appropriate, such exam will be offered and conducted pursuant to the relevant statutory and regulatory provisions. The medical examination will focus on the employees ability to perform the functions of the position at issue, safely and effectively, with or without reasonable accommodation;

(d) The employees bureau is responsible for the cost of any medical examination; and

(e) An employee may decline to submit voluntarily to an independent medical examination offered under this section. In the event an employee declines to participate in an offered examination, the WVIAT will determine the appropriate course of action based solely on the information otherwise available;

(5) If an employee has previously been placed on administrative leave, the WVIAT will make a recommendation whether the employee should return to work immediately after administrative leave ends; and

(6) In situations in which the employee remains at the worksite, the WVIAT will determine how the employees behavior should be addressed. The WVIAT should consider both short- and long-term actions, as appropriate (see 3 FAM 4159.2)

3 FAM 4159.2 Short- and Long-Term Actions

(CT:PER-677; 05-17-2012)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Short- and long-term actions include, but are not limited to, the following:

(1) Administrative leave;

(2) Counseling from supervisor or higher management official;

(3) Appropriate disciplinary action, up to and including separation;

(4) Curtailment; and/or

(5) Medical evacuation.

UNCLASSIFIED (U)