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Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Page 1: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Susan K. Bradley, JDJennings Jones College of BusinessMiddle Tennessee State University

Murfreesboro, TN

Page 2: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Page 3: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

On a summer afternoon a middle-aged man was toting a black satchel containing two pistols, a hand- gun and hundreds of rounds of ammunition. This was the day he planned to get even with the company that fired him.

No one took notice of the man as he strode into the business. The people inside received no warning before he suddenly fired upon them. The gunman continued his rampage, shooting those who attempted to warn fellow employees. He sought out and shot employees who tried to hide and others who were trapped in their offices.

As SWAT teams surrounded the floor his two pistols jammed, and the gunman took his own life with the remaining weapon.

Page 4: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

The unsuspecting company learned a hard lesson: that even the most seemingly sheltered environments are not immune to violent crime.

They have since instituted better access control procedures and improved internal warning systems among other precaution.

Sound familiar?Are you prepared?

Page 5: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Nearly 2 million employees report having been victims of workplace violence each year.

Between 1992 and 2012, there were 14,770 workplace homicide victims, or roughly 700 a year on average, according to federal government statistics.

According to the FBI, 40 percent of active shooter events happen at businesses and lasts 15 minutes.

Page 6: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

About 500,000 victims of violent crime in the workplace lose an estimated 1.8 million work days each year.

The average cost to businesses each year is estimated to be $36 billion dollars.

This presents $55 million in lost wages for employees, not including days covered by sick and annual leave.

Source: Bureau of Justice Statistics

Page 7: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Workers have a right to a safe workplace. The law requires employers to provide their employees with safe and healthful workplaces.

OSHA also prohibits employers from retaliating against employees for exercising their rights under the law

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Page 8: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

OSHA GENERAL DUTY CLAUSE: SECTION 5(a)(1)

Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm

This includes the prevention and control of the hazard of workplace violence

Page 9: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

On May 4, 1999, a North Carolina jury concluded that the employer failed to take adequate precautions for the safety of their employees and awarded $7.9 million to the families of two men killed at work by an estranged employee.

Allman v. Dormer Tools, No. 97CVS1161 (N.C. Sup. Ct., May 4, 1999); Knox v. Union Butterfield, No. 07CVS2012 (N.C. Sup. Ct., May 4, 1999).

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Page 10: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

What is workplace violence?

The Occupational Safety and Health Administration, OSHA, describes Workplace Violence as:

“The threat of violence against workers. It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.“

Page 11: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

The person who came to commit the crime

• Has no relationship to the workplace• Is the recipient of a service • Has an employment relationship with a current or

former employee • Has a personal relationship with a current or former

employee

Source: Workplace Violence: Issues in Response, U.S. DOJ, FBI

Page 12: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Develop Policies

Planning

Training

Security

Page 13: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Violation of this policy may result in disciplinary action, up to and including termination from employment. Additionally, violations of this policy will also be reported to the appropriate authorities when warranted and therefore may be subject to civil and/or criminal charges or penalties.

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Page 14: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Threat Management Team

Threat Management Plan

Crisis Response Team

Crisis Response Plan

Page 15: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

What is a TMT Team

TMT Team is responsible for creating and implementing all training for employees Training includes: Potential for violence, warning signs, common behaviors associated with violence, reporting WPVTraining is implemented through seminars, meetings, and role playing All training is mandatory for all TMT and all employees

Page 16: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

MembersHow many team members on each?What classifications are these team members? (ex: supervisors/team leads/supporters)

Service terms IncentivesPay extra for being a team member?

How will this apply to different classifications of employees?

Strictly required as part of the position?

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Page 17: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

TMT MeetingsHow often?Meeting place?How long will the meeting be?What will the meetings cover?

Training TMT and Employees–How often?What will be covered in the training?

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Page 18: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

TMT TrainingHandling threat investigationsFiling a restraining orderProcedures for employees to report incidentsPre-employment screeningTermination proceduresTechniques and skills to resolve conflictsDeveloping programs to assist employees in resolving conflicts. EAP

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Page 19: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

TMT Employee Training

Encouragement to report incidents – anonymous dropbox, email Ways of preventing or diffusing situations/behaviorsManaging anger, stress management, wellness encouragementCompany’s WPV policy/no tolerancePersonal security measures – photographs on desk, self defense techniques

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Page 20: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

To be handed out, reviewed with each new employee during training.

Page 21: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Community Resources

Invite local police into your firm to promote good relations and to help them become more familiar with your facility.

Use law enforcement and security experts to educate employees on how to prevent violence in the workplace.

Social workers, attorneys.

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Page 22: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

CRT Team CRT Team is responsible for creating and

implementing all training for employees Training includes: evacuation drills, conflict

management, crisis response to violent actions, procedures for reporting and handling crisis

Training is implemented through videos, online classes, meeting, and role playing

All training is mandatory for all employees

Page 23: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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Members (different members than TMT)How many team members on each?What classifications are these team members? (ex: supervisors/team leads/supporters)

Service terms IncentivesPay extra for being a team member?

How will this apply to different classifications of employees?

Strictly required as part of the position?

Page 24: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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How to report emergencies An evacuation policy and procedure• Emergency escape

procedures and route assignments (i.e., floor plans, safe areas) Assign team member to contact emergency personnel;

information to be given An emergency notification system to alert employees of an

emergency including individuals at remote locations within premises- local law enforcement- local area hospitals

First aid kits, floor plans, telephone tree Offer first aid, CPR training for all employees

Page 25: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

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The most effective way to train your staff to respond to an active shooter situation is to conduct mock active shooter training exercises.

Self Defense: acting against the shooter as a last resortReacting when law enforcement arrivesMedical personnel cannot enter until secureAdopting the survival mind set during times Active shooter training – hide, run, fightTake nothing Do not pull fire alarm Silence cell phone – turn off lightsSpread out – run in a zig zag

Page 26: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Security Periodic review of security policies and procedures will help minimize your organization’s vulnerability to violence and other forms of crime.

Four examples of improvements that might be considered during a security survey are:a) Improved lighting in and around the place of work (including parking lots);b) Arranging escorts for employees who are concerned about walking to and from the parking lot;c) Having reception areas that can be locked to prevent outsiders from going into the offices when no receptionist is on duty; andd) When appropriate, having more than one employee on the premises.

Page 27: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Checking references and former employers is a critical task of every potential employer. Include asking about any possible substance abuse, excessive absences after weekends or days off.

References can provide referrals to other individuals who may have been left off the application.

Use a job application form that includes an appropriate waiver and release (permitting the employer to verify the information reported on the application).

Page 28: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

With termination, the employee may feel as though there is some element of unfairness or poor timing. Before an employer fires someone, it may be good practice to find out what is going on in his or her personal life.

Firing might just add to an already stressful and volatile situation. If the decision is made to terminate, consider the following tips.

Page 29: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Keep the actual Keep the actual termination meeting termination meeting brief, to 10 or 15 brief, to 10 or 15 minutes. There’s no minutes. There’s no good way to end good way to end someone's job and someone's job and usually the less said usually the less said the better.the better.

Page 30: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Who will conduct the exit interview?

Who should witness the meeting?

How will the remaining staff be told?

What about the employee’s personal possessions?

Will anyone in the company react emotionally?

Consistency is a must

Page 31: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Design and choose a specific place Do not use your office Consider a panic button Have an exit predetermined Ensure security is available if necessary Collect keys, id, change any security codes No entrance allowed after firing

Page 32: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN
Page 33: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

• Family owned restaurant in __________________________

• Location:

• Hours of operation: • Monday – Saturday, 10:30 am – 8:00 pm• Sunday 11:00 am – 3:00 pm

• Two Shifts: • Day Shift: 8:30 – 3:00• Night Shift: 3:00 – 9:00

Shifts will have no more than two managers, one supervisor, and 4 employees on duty at any time.

• Employees: • 32 employees: • 4 managers• 2 day shift supervisors, • 2 night shift supervisors• 24 other employees.

Page 34: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Our goal is to provide a safe workplace for all employees. To reduce the risk of violence and ensure safety in the workplace, all employees should review and understand all information outlined below. We do not tolerate any kind of workplace violence committed against or by any employees. Employees are forbidden to make threats or engage in any type of violent activities. This list below provides examples of behaviors that are prohibited:

Page 35: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

There are four types of workplace violence:

• Type I: Criminal intent - In this type of incident, the offender has no connection to the business. This includes businesses that fall victim to robbery, trespassing or any type of act of terror. Nearly 85% of workplace violence incidents are Type 1.

• Type II: Customer/client - This type of violence is when the offender does have a connection to the business: customer that becomes violent while being served. This type is most commonly seen with teachers, patient caregivers, police officers, etc. Only 3% of all workplace violence are Type II.

• Type III: Worker-on-worker - In this type incident, the offender is either a current employee or an ex employee of the business and attacks the business and/or other current employees. Type III incidents can effect any and all types of businesses and jobs and accounts for 7% of all workplace violence.

• Type IV: Personal relationship - In this type incident, the offender doesn’t have a direct relationship with the business, but does have a relationship with one of the employees. The employee is usually the intended victim of the offender. This type also can occur at all workplaces and accounts for 5% of all workplace violence.

Page 36: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

• Company will have a Zero Tolerance Standard when it comes to workplace violence. It is the responsibility of the TMT team to implement the standard, but all employees, supervisors, and managers should assist in making sure the environment follows this Zero Tolerance Standard.

• The Zero Tolerance Standard can be defined as the assessment and addressing of any and all workplace violence, including: threat of violence, the act of violence or intimidation.

Page 37: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

• Team will consist of 1 manager, 1 night shift and 1 day shift supervisor, and 3 employees from day shift and 3 employees from night shift.

• Managers and supervisors will be considered permanent members of the team. All other employees are to serve on the team for no less than 1 year. Employees can remain on the team after their 1 year is complete, per supervisor’s discretion.

• All employees are to be paid an annual $400 bonus for their participation on the Threat Management Team. The bonus will not be paid until the member’s full term is complete.

• The team will meet on the 3rd Saturday of every month at 9:00 am for one hour in the manager’s office.

• The meetings are to cover the monthly safety topic, review the TMP and discuss any other safety related items.

• The manager will then be responsible for training all other TMT members on an annual basis.

• A TMT handbook will be created from this training and will be given to each member for quick reference. Also, these handbooks and a less extensive training will be given to other employees on an annual basis as well by the TMT members.

Page 38: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Training

•Each month, a safety meeting will be held for all shifts. The TMT is responsible for preparing a training for the employees to describe some of the described warning signs and how to look for them.

•Also, all employees will be trained to ask themselves two questions when they see potentially dangerous behavior in their fellow employees:

• Could the behavior eventually lead to any acts of threats or intimidation?

• If others were to observe this type of behavior, would they consider it intimidating or threatening?

In addition to training all employees on how to look for these types behaviors and what types of behaviors to look for, they will be trained on the different types of violence that could occur in the workplace.

• Type I: Criminal intent • Type II: Customer/client • Type III: Worker-on-worker • Type IV: Personal relationship

Some behavior may not be perceived by others as dangerous unless they are trained to know what to look for. With the monthly trainings, provided by the TMT to the employees, we should be prepared if ever an employee showed potentially dangerous behavior.

Page 39: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Any potentially dangerous situation needs to be reported to a supervisor or manager. Reports can be made anonymously and every reported incident will be investigated and documented. Incidents that need to remain confidential will be told to others on a “need-to-know“ basis. reserves the right to intervene at any indication or reporting of a possibly violent act and/or situation. While it is not expected that our employees be skilled at seeing potential dangerous people or incidents, we do expect them to exercise good judgment and to inform their supervisor or manager of such incidents. Such behaviors include:

Page 40: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

How to Recognize Dangerous Behavior

•Warning signs for potentially dangerous behavior or threats can be found below:

• Outbursts or spouts of rage that causes others to be intimidated.

• Tends to want to blame other employees for their issues or problems.

• Does not work well with other employees.

• Has been known, or is known to use alcohol or drugs excessively.

• Shows or discusses their extreme interest in weapons or violent acts.

• Consistently shows displays issues with self esteem.

• Appears to hold a grudge against other employees, their supervisor, or management.

•These are only some of the signs that could point to potentially dangers behavior. It is crucial for all employees to be made aware of these types of warning signs.

•How employees are to be trained to recognize these types of behaviors can be found on the following slide.

Page 41: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Reporting Potentially Dangerous Behavior

•All employees are encouraged to report potentially dangerous behavior if observed.

•The following information will be given to employees concerning reporting potential threats:

• Employees are to report all questionable behavior that they deem potentially threatening as soon as possible after observing the behavior (how to detect such behavior can be found on later slides).

• All potential threats must be reported to their supervisor. If a supervisor is not available, the employee can report the incident to any of the TMT members. The TMT member is then responsible for relaying the report to their supervisor. All reports MUST remain anonymous.

• Supervisors are responsible for filling out an incident report.

• All reports must then be given to the manager member of the TMT. The manager member and the HR representative will discuss and investigate the issue to determine the validity or threat of the behavior.

• If the behavior is determined to be a threat, the situation will be handled appropriately by the HR representative. (i.e. discussed with employee, counseling required, or the proper authority notified).

Page 42: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Processing Incident Reports

1.Reports will be submitted electronically by witness

2.Reports will be sent directly to

3.Emails will be forwarded to a designated member of TMT.

4.TMT will hold a meeting after every report filed with a substantial concern.

Page 43: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

• Team will consist of 1 manager, 1 night shift and 1 day shift supervisor, and 4 employees from day shift and 4 employees from night shift (members may not also be involved in the TMT).

• Managers and supervisors will be considered permanent members of the team. All other employees are to serve on the team for no less than 1 year. Employees can remain on the team after their 1 year is complete, per supervisor’s discretion.

• All employees are to be paid an annual $400 bonus for their participation on the Crisis Response Team. The bonus will not be paid until the member’s full term is complete.

• The team will meet on the 2nd Saturday of every month at 9:00 am for one hour in the manager’s office.

• The meetings are to cover the monthly safety topic, review the CRP and discuss any other safety related items.

• The manager will then be responsible for training all other CRT members on an annual basis.

• A CRT handbook will be created from this training and will be given to each member for quick reference. Also, these handbooks and a less extensive training will be given to other employees on an annual basis as well by the CRT members.

Page 44: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Training

•The Crisis Response plan is to be reviewed with all employees every 6 months.

•The entire plan will be discussed and suggestions can be made by employees for potential improvements.

•All emergency equipment: emergency horn, safe rooms, internal emergency phones, etc. will be reviewed with the employees during the biannual training.

•It is the responsibility of the Crisis Response Team to revisit this CRP during their monthly meetings to determine if any changes or updates to the plan need to be made.

Page 45: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Workplace Violence Emergency Plan

The following describes how a WPV emergency should be dealt with at :

If a threat has been made, but the offender is not on the property yet:

•The manager and/or supervisor must be alerted immediately and they are responsible for calling the authorities. All managers and supervisors are required to keep their cell phones on them at all times; therefore, if an incident were to occur they have immediate access to a phone to alert the proper authorities.

•After the proper authorities have been notified, the employer is to send a “group text” to all employees to notify them of the situation. In training, all employees not already on the premises will be instructed not to come on the property until given the clear from their manager or supervisor.

If the threat and offender is already on the property (such as the situation described below) the following steps are to be taken:

Example Situation: ex-employee has entered the building with a weapon.

Emergency Plan Steps:

•Managers must alarm the emergency horn (located in the secondary safe room and in the hallway going to the primary safe room) so that all employees in the facility can be warned.

Page 46: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Evacuation and Safety Zones Plan

Primary Safe Zone

Secondary Safe Zone

Page 47: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Workplace Violence Emergency Plan cont.

• Again, all managers and supervisors are required to keep their cell phones on them at all times; therefore, if an incident were to occur they have immediate access to a phone to alert the proper authorities.

• After the proper authorities have been notified, the employer is to send a “group text” to all employees to notify them of the situation. In training, all employees not already on the premises will be instructed not to come on the property until given the clear from their manager or supervisor.

• Based on training, employees will have two options for a safe room. Once in the safe room, employees are to lock the doors and begin a headcount. Emergency evacuation route can be found on the next slide.

• Each safe room will is equipped with an internal phone. Once a headcount is done, one member in each safe room is to phone the other safe room to confirm all employees are accounted for.

• If an employee is unable to get to a safe room, but is able to escape the building, they are to get to the nearest safe place (other business close by) and alert authorities if possible.

• If all members are accounted for, manager is to notify the proper authorities of how many employees are in the safe, locked rooms and wait until further notification from the authorities.

Page 48: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

After an Incident

Workplace violence incidents can not only cause physical harm, but they can also cause emotional and psychological damage. It is IMPERATIVE that if an incident were to occur at , certain steps be taken to ensure the mental stability of all employees, even those not directly involved.

The following describes what should be done in the case of WPV incident:

•An incident report must be completed following the incident (report on following slide).

•Immediately following (or as soon as possible) a debriefing of the incident should occur. This will be done as a group so that all employees have a chance to ask any questions they may have. Also, this is a time that employees can make suggestions as to how to prevent similar incidents from happening in the future.

•In the days following the debriefing, all employees will sit down individually with their managers and the HR representative to allow them to discuss their feelings and concerns related to the event.

•All employees will have the option of talking to a professional counselor that specializes in workplace violence aftermath (at the expense of ). If the HR representative suspects an employee may need counseling, they will work with that employee to encourage them to speak to the proper specialist.

•Finally, all managers will be instructed to continue to watch employees behavior to look for signs that an employee might still be struggling with PTSD from the incident.

Page 49: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Forms

Page 50: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

Employee Acknowledgement Form - Violence in the Workplace

I, ____________________________________, an employee of the __________, hereby certify that I have received a copy of the policy regarding violence in the workplace. I realize that violence is prohibited in the workplace or on state property and violation of this policy can subject me to discipline, up to and including termination. I further realize that as a condition of my employment, I must abide by the terms of this policy._______________________________________ ______________Employee Signature Date

Page 51: Susan K. Bradley, JD Jennings Jones College of Business Middle Tennessee State University Murfreesboro, TN

PREPAREDNESS RESOURCESPOCKET CARD: Active Shooter Response Pocket Cardhttp://www.dhs.gov/xlibrary/assets/active_shooter_pocket_card.pdf BOOKLET: Active Shooter Response Booklethttp://www.dhs.gov/xlibrary/assets/active_shooter_booklet.pdf POSTER: Active Shooter Response Poster http://www.dhs.gov/xlibrary/assets/active_shooter_poster.pdfGUIDE: Active Shooter Quick Reference Guide http://www.iowahomelandsecurity.org/documents/misc/FBI_School_Shooter_Guide.pdfHomeland Security Website Active Shooter Preparedness website http://www.dhs.gov/activeshooter