Transcript WPV Slide Presentation - Letter Carrier Network

MODULE 5
USPS RESPONSIBILITIES
& GUIDELINES
RESPONSIBILITIES & GUIDELINES
UPON COMPLETION OF THIS MODULE,
PARTICIPANTS SHOULD UNDERSTAND:
 USPS responsibilities to
provide a violence-free
workplace within the
parameters of legal and
regulatory considerations
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STATUTES
 Age Discrimination in Employment Act
 Family and Medical Leave Act
 Federal Employees Compensation Act
 Health Insurance Portability and Accountability
Act
 Occupational Safety and Health Act
 Privacy Act
 Public Health Service Act
 Rehabilitation Act
 Title VII of the Civil Rights Act of l964
 United States Code, Title 18
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REGULATIONS
 Code of Federal Regulations
 Administrative Support Manual (ASM)
 Employee and Labor Relations Manual
(ELM)
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POLICIES & PRACTICES
 Joint Statement on Violence and Behavior in the
Workplace
 Policy Statement on Sexual Orientation, Gender
Identification, and Gender Stereotyping
 Policy on Workplace Harassment
 Policy Statement on Firearms in the Workplace
 Publication 45, A Violence-Free Workplace
 Fitness for Duty Examinations (MI EL-860-2000-7)
 Duty to Warn
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OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
 Broad Statute to Ensure Safe Workplace


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“…free from recognized hazards causing or
likely to cause death or serious physical
harm”
Requires employers to “comply with
standards promulgated under Act”
1989: voluntary program guidelines,
including violence prevention
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OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
The Guidelines Include:
 Management at the highest levels should
provide the motivation and commitment to
ensure workplace safety and deal effectively
with workplace violence
 Encourage employee involvement to report
incidents of violence
 Follow through and investigate all incidents
and threats
 Provide training addressing awareness of
potential security hazards and protection
strategies
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OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
Formation of Threat Assessment Team
 Identify existing or potential hazards
 Assess workplace security
 Identify patterns of assault
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USPS JOINT STATEMENT ON VIOLENCE
AND BEHAVIOR IN THE WORKPLACE
 “every employee and every level
to be treated with dignity,
respect and fairness”
 Continued unacceptable behavior
results in removal “… from their
positions”
 Evolved from a pledge to
enforceable contractual
obligation
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CIVIL RIGHTS STATUTES
 Title VII of Civil Rights Act of 1964 prohibits discrimination and
harassment of the basis of race, color,
national origin, sex, and religion
 Age Discrimination in Employment Act –
protects individuals 40 and over from
discrimination and harassment based
on age
 Rehabilitation Act of 1973 – prohibits
discrimination and harassment on the
basis of either mental or physical
disability
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WORKPLACE HARASSMENT
Two Corresponding Policies
 Prohibiting harassment upon all bases
protected under the laws – age,
color, national origin, religion,
sex, race and disability
 Prohibiting harassed based on sexual
orientation, gender identity, and
gender stereotyping
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REHABILITATION ACT
Prohibits illegal discrimination against
individuals meeting three defining
aspects:
 Must have impairment – physical or
mental that
 Substantially or severely limits them
 In performance of a major life
activity, e.g., walking, seeing,
hearing, breathing
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REHABILITATION ACT
 Rulings on highly individualized basis
 Can be used to protect people without
disabilities, but regarded as such
 Supreme Court – “…reaction of others
can prove just as disabling and a bona
fide disability”
 Prohibition against making disability –
related inquiries
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CASE STUDY
INVOLVING A
VIOLENT
EMPLOYEE
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METZ vs. Dept. of Treasury
THE METZ CRITERIA - WHAT CONSTITUTES A
“CREDIBLE THREAT”
1986 Federal Circuit Decision defining legal
standard of threat
 Listener’s reaction
 Listener’s apprehension of harm
 Speaker's intent
 Firm vs. Conditional nature of statements
 Attendant circumstances
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PRIVACY ACT OF 1974
Protects records about individuals maintained
in government’s system of records from
disclosure
 Record – any item, collection, or grouping of
information about an individual, maintained by
an agency
 System of record – records under control of
agency from which information is retrieved by
some individual identifier
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PRIVACY ACT OF 1974
EXAMPLES
(scenarios included on note page of this slide)
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PRIVACY ACT OF 1974
 Covered records may be
disclosed to employees
who have a “need for the
record in the
performance of their
duties”.
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PRIVACY ACT OF 1974
 Covered records may be disclosed
pursuant to “routine uses”, e.g.
 Disclosure
of medical records to
employee’s treating physician
 Disclosure
of personnel records for law
enforcement purposes
to an employee’s union, when
needed to perform duties as
collective bargaining agent
 Disclosure
Note: Verbal disclosures of information obtained from Privacy
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Act records are prohibited.
PRIVACY ACT OF 1974
TAT Records
 Minutes, notes, etc., are not retrieved by
personal identifier
 Fall outside purview of the Act
 Ensures confidentiality of witness
statements
 Ensures that alleged threatener does not
get access
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PUBLIC HEALTH SERVICE ACT
 Records about employees using EAP
are given extensive protection
 Employee’s written authorization is
required except in:
 Disclosures to elements of criminal justice
system which have referred patients
 Communications within a program or between a
program and the entity having administrative
control over it
 Medical emergencies
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PUBLIC HEALTH SERVICE ACT
 Research activities, audits, and program
evaluations
 Crimes on program premises or against program
personnel
 Reports of suspected child abuse and neglect
 Court orders in cases necessary to protect
against a threat to one’s safety; in cases of
an extremely serious crime; and in
connection with litigation where patient
offers evidence about confidential
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communications
Health Insurance Portability & Accountability Act (HIPAA) 1996
 Comprehensive health reform to
improve availability of health
insurance
 Amended to provide federal privacy
protections for medical information
 Patient written authorization for
release
 Limited to the minimum needed for the
purpose of the disclosure
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Health Insurance Portability & Accountability Act (HIPAA) 1996
 Covers health care providers and health
plans
 Employee must sign HIPAA
authorization to allow provider to
release information
 Exceptions:
 Workers’ compensation claims
 OSHA – information concerning workrelated injuries or illnesses
 Necessary to prevent or deter a serious
and imminent threat of harm (to
intended victim and law enforcement)
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FAMILY MEDICAL LEAVE ACT (FMLA)
 Employee medical information is
confidential
 In rare circumstances
information on medical
certification could be pertinent
to a threat
 Local counsel should be
consulted when confidential
data is sought
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DUTY TO WARN
Review
Questions in
Participant
Guide
 Originated in 1976 case heard by California
Supreme Court, Tarasoff vs. Regents of the
University of California; Common law concept
that has been codified in many states
 Health care providers are exception to rule
that a person has no duty to prevent a third
party from causing physical harm to another
 Duty applies when provider reasonably
believes that patient poses imminent and
serious risk of harm to a foreseeable victim
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FITNESS FOR DUTY EXAMINATION
Supervisors will confront incidences of
violence or potential violence, and
therefore, they must be prepared to deal
with them.
One of the most valuable tools to deal
with such situations (aptly applied) is the
Fitness for Duty Exam.
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FITNESS FOR DUTY EXAMINATION
When Is a FFD Exam Appropriate?
When an employee's supervisor believes, or the
employee claims, that the employee may be
medically incapable of meeting the requirements
of his or her job. (ELM 864.31)
This could encompass situations where the
employee is unable to perform the essential
functions of his/her job or where the employee’s
behavior gives rise to concern. (Management
Instruction EL-860-2000-7)
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FITNESS FOR DUTY EXAMINATION
Who Can Request It?
Management can order an exam at any time
and repeat, as necessary, to safeguard the
employee or co-workers. ELM 864.32
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FITNESS FOR DUTY EXAMINATION
What Information Should the Referring Official
Provide?
The supervisor should always state the specific
reasons why an exam is being requested and must
support the FFD request with a written narrative
describing the reasons for the request.
Information about the job the employee holds, any
medical information the supervisor has, attendance
information and observations about work
performance and behaviors are essential elements
of this request.
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FEDERAL EMPLOYEES’ COMPENSATION ACT
The last law we are going to mention is
FECA and it is appropriate for this to come
at the end because FECA will only come
into play after an incident of violence
occurs.
 provides government employees who
have an occupational illness, injury or
who are killed in the course of their
employment, with more immediate
and less expensive relief than a
common law tort action
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FEDERAL EMPLOYEES’ COMPENSATION ACT
FECA provides for payment of several types
of benefits, including:
 compensation for wage loss
 medical benefits
 monetary compensation to specified
survivors of an employee whose
death resulted from a work-related
injury
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INJUNCTIVE RELIEF
Another measure available to protect
people threatened by others is to obtain a
court order -- in the form of a temporary
restraining order or injunction -- which
forbids the harasser from going near the
victim or contacting the victim.
States usually have such anti-stalking laws,
as well as laws protecting victims of
domestic violence from contact with their
alleged abuser.
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LAWS & REGULATIONS
The laws and regulations in this next
section specifically prohibit certain
criminal acts and often, can be relied
upon as grounds for removal.
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LAWS & REGULATIONS
Mailing Threatening Communications, 18 U.S.C. 876
Prohibits using the mails to communicate a threat to injure a
person with intent to extort money or other thing of value, or,
with the intent to extort, threatens to injure the property or
reputation of a person, or to accuse the person of a crime.
Possession of firearms and dangerous weapons in Federal
facilities, 18 U.S.C. 930
(a) ...whoever knowingly possesses or causes to be present a
firearm or other dangerous weapon in a Federal facility ...or
attempts to do so, shall be fined under this title or imprisoned
not more than 1 year, or both.
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LAWS & REGULATIONS
Government property or contracts, 18 U.S.C. 1361
Prohibits the injury or destruction of government
property.
Chapter 83 of Title 18: Postal Service
Numerous provisions from section 1691 through
1737 covering the Postal Service and protection
of the mails.
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CODE OF FEDERAL REGULATIONS
Part 232 - Conduct on Postal Property
Preservation of property: 232.1(c)
Improperly disposing of rubbish, spitting, creating
any hazard to persons or things, throwing articles
of any kind from a building, climbing upon the roof
or any part of a building, or willfully destroying,
damaging, or removing any property or any part
thereof, is prohibited.
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CODE OF FEDERAL REGULATIONS
Part 232 - Conduct on Postal Property
Disturbances: 232.1(e)
Disorderly conduct, or conduct which creates loud and
unusual noise, or which obstructs the usual use of
entrances, foyers, corridors, offices, elevators, stairways,
and parking lots, or which otherwise tends to impede or
disturb the public employees in the performance of their
duties, or which otherwise impedes or disturbs the
general public in transacting business or obtaining the
services provided on property, is prohibited.
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CODE OF FEDERAL REGULATIONS
Part 232 - Conduct on Postal Property
Weapons and Explosives: 232.1(l)
No person while on postal property may carry firearms,
other dangerous or deadly weapons, or explosives, either
openly or concealed, or store the same on postal
property, except for official purposes.
Nondiscrimination: 232.1(m)
There must be no discrimination by segregation or
otherwise against any person or persons because of race,
color, religion, national origin, sex, age…reprisal...or
physical or mental handicap.
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ELM REFERENCES
ELM Chapter 660: Conduct
662: Federal Standards of Ethical Conduct
665: Postal Service Standards of Conduct
665.15 - Obedience to Orders
665.16 - Behavior and Personal Habits
665.23 - Discrimination
665.24 - Violent and/or Threatening Behavior
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ELM REFERENCES
ELM Chapter 670: Diversity, Equal Employment Opportunity,
and Affirmative Action
673.22 - Prohibiting Discrimination and Harassment
673.31 – Diversity, EEO, and Affirmative Action
Accountability
ELM Chapter 864: Medical Assessment and Examinations
ELM Chapter 865: Return to Duty after Absence for Medical
Reasons
ELM Chapter 870: Employee Assistance Program
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USPS OBLIGATIONS AND GUIDELINES
YOU HAVE COMPLETED MODULE 5
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