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HomeMy WebLinkAbout _ 4.15(a)--Approval of Workplace Violence Prevention Plan and Modified Duty_Alternate Work Policy � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 17, 2025 FROM: Kari Kibler, Personnel ITEIVI NO. 4.15(a) Director ***APPROVED BY*** � �, � � � ��� ` i�]�r,Persr�nnel I�irectc�r �f�7r'2t?'�� rS' �p�ir�,C�i �� �° 6�'1(lt'2{}?. kkibler@cityofredding.org btippin@cityofredding.org SUBJECT: 4.15(a)--Approval of Workplace Violence Prevention Plan and updates to 1Vlodified Dut /Alternate Work Polic Recommendation Authorize and approve the following: (1) Adopt a new Workplace Violence�Prevention Plan (WVPP) that will be incorpara�ed into the City of Redding's Injury and Illness Prevention Plan (IIPP) in accordance with Senate Bi11533; and (2) Approve revisions to the City of Redding Modified Duty/Alternate Work Policy. Fiscal Impact There is no �scal impact for approving the proposed Workplace Vialence Prevention Plan (WVPP) or Modified Duty/Alte�nate Work Policy. Alternative Action The City Council could decline to approve the proposed policies or provide alternate direction tio staff. Background/flnalysis Senate Bill 553 was signed into law an September 30, 2023, requiring California emplayers to implement a compliant written WVPP. The attached WVPP incorporates information required to be included pursuant to SB 553 and will replace the City's existing Workplace Violence Policy. The WVPP will be incorporated into the City's Injury and Illness Prevention Plan (IIPP) and posted on the City's Intranet. The revisions to the Modifzed Duty/Alte�nate WoNk Policy expand the policy to provide guidance on non-industrial light duty requests as we11 as allow modified or duty work assignments to be extended beyond 180 days in extenuating circumstances when there is compelling evidence that an employee wi11 be able to return to full duty within the next 60 days. The policy will be become part of the Personnel Polieies and Procedures Manual and posted on the City's Intranet under Personnel Policies. Report to Redding City Council June 11,2025 Re: 4.15(a)--Approval of Workplace Violence Prevention Plan and Modified Duty/Alternate Work Policy Page 2 The proposed policies have been shared with all City of Redding Bargaining Units. Environmental Review This is not a project defined under the California Environmental Quality Act, and no further action is required. Council PNiority/City Manager Goals • Government of the 21St Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments ^Fina1 Modified Duty Policy- strikeout version ^Fina1 Workplace Violence Prevention P1an h��p� CITY OF REDDING, CALIFORNIA �{���°''F PERSONNEL POLICIES AND PROCEDURES SUBJECT EFFECTIVE PAGE DATE Modified Duty/Alternate Work Policy 1/1/1999 1 Personnel Director City Manager PoliCy It is the policy of the City of Redding to provide modified duty or alternate work assignments on a temporary basis to employees recovering from a work-related illness or injury. This same benefit I may be extended for a non-�������v�rk���1�t�� illness or injury when such work is available and medical approval has been granted by the physician. The intent of this policy is to provide a work assignment consistent with the employee's physical or mental capabilities during the recuperation period prior to returning to fu11 duty status. Modified duty or alternate work may be provided or may not be provided solely at the option of the City and in the City's sole discretion, after consideration of existing memoranda of understanding and/or other policies of the City. The provision of modi�ed duty/alternate work on � a temporary basis_'t���°�������_����;�����1��°�_is not intended as a means of reasonably accommodating an employee under the terms of the Americans with Disabilities Act or as a means of fulfilling the City's obligation to provide vocational rehabilitation under Labor Code 139.5.����� ���.��� i������� <��x�:����������c�������� ��r�Q�s,��������:�� �����������t���a��� ���,c,���������T������_����..._���a�����t�..���������������r'�����������;��,�;� ������,���� ��� ������°3� �a��,���;d Definitions An"alternate duty" assignment is one in which an employee's work restrictions can be temporarily accommodated in a job classification other than the employee's assigned classification. A "modified duty" assignment is one in which an employee's work restrictions can be temporarily accommodated within his/her job classification. "Physician" refers to the employee's treating physician or other physician acceptable to the City. Scope of the Policy Modi�ed duty or alternate work assignments are intended to be temporary in nature and provided to employees only during their recuperation. Nothing in this policy is intended to imply that an employee has a right to such assignments, nor is there a guarantee of permanent continued employment with the City. In no case shall such assignments be provided after the employee becomes permanent and stationary,i.e.,has reached a point of maximum improvement, and is permanently precluded from the essential functions of his/her job classification, or when the physician certifies during the period of temporary disability that the employee will be unable to perform the essential functions � of his/her 'ob classification on a ermanent basis. h��p� CITY OF REDDING, CALIFORNIA �{���°''F PERSONNEL POLICIES AND PROCEDURES SUBJECT EFFECTIVE PAGE DATE Modified Duty/Alternate Work Policy 1/1/1999 2 �r�tiqn �f c� i�i�t� ���1AI��rr��t� c��l�Ass�� ���s Modified duty or alternate work assignments sha11 be discontinued when the employee is released to perform full duties by the physician, or upon completion of the initial sixty(60) calendar days from the time the employee returns to work in the modified duty or alternate work assignment, whichever occurs first. Modified duty or alternate work assignments may be extended for additional thirty (30) calendar day periods, after review and approval by the Personnel Director, or his/her designees,in consultation with the City Attorney, as needed �,_r�� ��t_��� ���a��������� ����������� ��I� ����_lnore than four (4) additional thirty (30) calendar day period extensions may be granted. �� � � �° ?' '���he total period of modified duty or alternate work assignments �h�11 nc�t������a�������_extend beyond 180 calendar days. Ir� �1�� ���a�t c�f�c��a1t����ir� ��id�r�e� �h�t ��di����s art � �l�y�� i11 �� �bl� t� r���r��c� f�11 d�t� „_it�aiz� sixt E�0 ����:�c��r d� s th� ��rsc�t���1 I�ire�t�r �r h��/h�� d�si�n��, irt �ca���ltatia�r� with t����it�1�ttc������c�r���Ih�r d�si����,�n�v�r�r��� �"���1 �xt���ic��€�f t���z���ifi��d�t���°�lt����t� �vc��°I� �ssi����t�o I�� tl�is r�t�� sit�aa�icsrs ���� tc�t�l �ricad �f �c�di��d d�t c��Q a1��z°���t� urca�pk a�s��r�r������s is 1�r�a�t�d tc, 240 �a1��d�r�a�. ���di�i��s fa��° c�di�i�d ���J�It��°�za�t� c��°k Ass� � ��t� While there is no guarantee by the City that such assignments can be provided to all employees, they may be provided when the following conditions are met: A. The assignment fulfills a meaningful job funetion or functions within the limitations set by the physician. �3o The assignment does not create a new job but incorporates, supplements, or modifies a present position of a temporary basis. The assignment should fulfill,to the extent possible, � the tasks and duties of the employee's regular job. ��:�:�a ________Assignments shall be initially considered in the department in which the employee was working when the medical restrictions were imposed by the physician. If no such assi nment is available, the department director shall notify the Personnel Department, h��p� CITY OF REDDING, CALIFORNIA �{���°''F PERSONNEL POLICIES AND PROCEDURES SUBJECT EFFECTIVE PAGE DATE Modified Duty/Alternate Work Policy 1/1/1999 3 which shall determine whether assignments are available in other departments of the City. Assignments to other departments may be provided solely at the option of the City after consideration of relevant labor agreements,confidentially issues associated with the newly � assigned position, as w��ll as the knowledge, skills and abilities of the employee, and with the consent of the Personnel Director and the department director receiving the employee. �=.��a The assignment can be performed in a manner that is cost effective, as determined by the department director. ���.MMMMMMMMMMMMMMMMAssignments shall be handled on a case-by case basis. �::�______________ Employees shall be compensated at their regular pay rate. Any schedule change, as a result of providing alternative work/modified duty, wi11 not result in an overtime pay requirement. �:���. Based on the physician's written opinion, employees who have incurred a work- related injury or illness shall be required to return to any work which accommodates their limitations and restrictions. Failure to accept modified or alternate duty and return to work may result in the loss of applicable workers'compensation benefits as provided by law and other benefits provided by the City. P�°����� ��I�i�3��� � c�di��c1 �z� OAlt�r°�a�� �r°� A�si �r���� F�th��° an �r�� 1� �� �r � d� ar�r��r�t ���a i���i��� � di����sic�� r��ardi� ����c�i��d �ut /��t�rr��t� �c��°k �ssi � �r�t �a���an r���z�iz�� t��p�r�� ���°1� ��s�ri�ti�z� c�r 1i ita�icsr� i�fc� �t�c�� s�t b a ��edic;�� �-c�f�ssi�ar��1m If �]�� e 1� �� ��d th� s� ��-vis�a� r���h ����� �r�t �r� a �� �r�r t�z��ii�'i�d d�at�/�lt�r��at�, avc��k ���i r����r�t, �h� ��r�����r�� sho��d b� dc����n����t�d b c�z�pl�tiz��� I�i h� I)�a� �cark�la��, C�n�e �x�c,�t�d a�c� c�f��� ��r� sl�c�a�lci b� rc�ut�d tc� I�i�k�:ar�� �ra�e�t -�c�rl��r��a�r����ns�ti�r�i�`f��°� c�r1�-r�1���d il]ne�s csr irz�uz° �z�c1 tcs 1'�r�c��ar��1 zf f�r�� nss�-wc�rk- �-ei�t�� �11r��ss af i�'�r . ��.,n��a _�,:�� ��r,,,a9+;,�,� r�a,,�x,�< �t, .��9�� Is�vis�d �/�(�25 F��vis�d 512005 �ff���iv� 11�l�99� 9.0 WORKP�ACE VIOLENCE PREVENTION PO�ICY FOR CITY OF REDDING The Workplace Violence Prevention Plan (WVPP)addresses the hazards known to be associated with the four types of workplace violence as defined by�� r L s��t��� 1. �� is mr►� r r�� i��� t i� � � �� I�g r � 11# �ss r��r �t� I� �II �. The City of Redding is committed to providing all employees and members of the public with a safe work environment free of threats, intimidation, harassment and acts of violence. The City of Redding will not tolerate any violence in the workplace and will make every effort to prevent violent incidents from occurring. Anyone found to have engaged in such conduct will be disciplined up to and including termination, in accordance with City policies and the law. When circumstances warrant it, the City may seek criminal prosecution through coordination with law enforcement agencies. Date issued: TBD 9.1 Definitions Emergency- Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons. Engineering controls - An aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the employee and the hazard. lnvestigation report—Written findings of a post incident investigation. tog - The violent incident log required by LC section 6401.9. Plan - The workplace violence prevention plan required by LC section 6401.9. Serious injury or iltness - Any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent Workplace Violence Prevention Plan Page 1 of 9 disfigurement, but does not include any injury or iliness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. Threat of violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. Workplace — Any location where City of Redding business is conducted, including vehicles and parking lots. Workplace vio/ence-Any act of violence or threat of violence that occurs in a place of employment. Workplace viotence includes, but is not limited to, the following: • The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury. This includes fighting or challenging another person to a fight, stalking as defined in the Penal Code, and behavior which has the potential to create a hostile, abusive or intimidating work environment. • An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury. Possession of weapons of any kind in a City building or on the worksite (including outdoor worksites) or in a City vehicle, unless authorized as part of City employment (e.g. service weapons, knives used as tools, etc.) is prohibited. • Pepper spray used for persona) protection is not considered a weapon. Workplace Violence Prevention Plan Page 2 of 9 • The following four workplace violence types: Type 1 violence- Workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime. Type 2 violence - Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors. Type 3 viotence - Workplace violence against an employee by a present or former employee, supervisor, or manager. Type 4 violence - Workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee. Work practice controls- Procedures and rules which are used to effectively reduce workplace violence hazards. 9.2 Responsibility All City work sites outside of enforcement sworn safety are required to adhere to the City of Redding Workplace Violence Prevention Program. Departments may supplement the City WVPP with site specific safety measures. Personnel Director—The Personnel Director, or his/her designee, is responsible for the implementation and maintenance of the City's Workplace Violence Prevention Program, and compliance with its procedures, including collection of all relevant information, descriptions, and circumstances leading to the violent situation, making arrangements with RPD as deemed necessary, and determining the appropriate level of discipline for violations of this policy. Workplace Violence Prevention Plan Page 3 of 9 Mana�ers / Supervisors —The City maintains a "No Tolerance" stance towards violent or intimidating conduct as described in this policy. Managers and supervisors are responsible for ensuring compliance with provisions of the City Workplace Violence Prevention Program, which includes: training employees on the provisions of the City's Workplace Violence Prevention Program periodically through staff ineetings and trainings, responding quickly and empathetically to any employee who reports that they are aa victim of or witnessed a violent incident, collectin� relevant information and ensurin� the incident reportin� form is completed, notifyin�the Department Director of any violent incidents which occur, and addressing situations where employees who fail to comply with the Workplace Violence Prevention Program through education, counseling and discipline when appropriate. Employees — It is the responsibility of each and every employee to immediately report any and all acts of workplace violence to their supervisor or manager without fear of reprisal. All reports must be taken seriously and investigated. No adverse action will be taken against anyone who makes a good-faith report under this policy. The initial verbal report must be followed up with written documentation using a City of Redding Incident Report. Documentation should include the following critical information: names of the involved parties (i.e. perpetrator, victim, and witnesses), a description of what occurred, when the incident occurred, where the event took place, and if known, why it happened. The completed incident report should be forwarded to Risk Management. Risk Management — Once received by Risk Management, Risk Management shall forward a copy of the completed incident report to the Personnel Director, or his/her designee, for notification of the appropriate labor representative. 9.3 Communication Communication of workplace safety, health and security issues to all employees, including managers and supervisors is crucial to maintaining a safe, healthy and secure workplace. The City of Redding has a communication system designed to encourage a continuous flow of safety, health and security information between management and our employees without fear of reprisal and in a form that is Workplace Violence Prevention Plan Page 4 of 9 readily understandable. WVPP policies and procedures will be communicated to employees through: • New employee orientations; • Annual review of our policy acknowledgements including the WVPP with all employees; and • Addressing security issues with Department Directors, Personnel and Risk Management. 9.4 Incident Reportin� Procedures • Call 911 if there is an emergency situation or if someone has been seriously injured. • Report all threats and acts of workplace violence immediately to your supervisor or manager. If that is not possible, report incidents to the Personnel/Risk Management Department. For serious threats or acts of violence, also notify the Redding Police Department. • Employees who report incidents of workplace violence will be protected from retaliation. Department Directors will work with Personnel if considering the removal of the person making threats from work until the situation is investigated and resolved. The City Manager and Personnel Director will take any appropriate steps to prevent retaliation from occurring. • Supervisors or managers shall complete an Incident Report form and route it to Risk Management. You can find this form on the Intranet under Risk Management > Employee Safety Resources or by contacting Risk Management. 9.5 Emer�ency Response Procedures The City of Redding has the following specific measures in place to handle actual or potential workplace violence emergencies: • Alarm systems and PA announcements to alert employees of emergencies. • Evacuation or shelter in place plans may be issued. Workplace Violence Prevention Plan Page 5 of 9 • If there is immediate danger, employees should call for emergency assistance by dialing 911 and then notify the Personnel Office/City Manager's Office as well as the Department Director (or designee) if safe to do so. 9.6 Hazard Assessment Each department will designate members to perform workplace hazard assessments for workplace violence prevention/security in the form of periodic inspections. Periodic inspections are performed according to the following schedule: • When new, previously unidentified workplace violence/security hazards are recognized; • When occupational injuries or threats of injury occur; • Whenever workplace conditions warrant an inspection; or • Within 30 days of reported incident. Inspections for workplace security hazards may include the following assessments: • The exterior and interior of the workplace for its attractiveness to robbery or other criminal acts; • The need for security surveillance measures, such as mirrors or cameras; • Posting of signs notifying the public that limited cash is kept on the premises; • Procedures for reporting suspicious persons or activities; • Posting of emergency telephone numbers for law enforcement, fire and medical services where employees have access to a telephone with an outside line; • Adequacy of workplace security systems, such as door locks, security windows, physical barriers, and restraint systems; • Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of the City of Redding; • Employee skill in safely handling threatening or hostile service recipients; • Effectiveness of systems and procedures to warn others of a security danger or to summon assistance, e.g., alarms or panic buttons; • The availability of employee's posted escape routes; Workplace Violence Prevention Plan Page 6 of 9 • How well the City of Redding workplace violence prevention policy has been communicated to employees, supervisors, or managers; • How well management and employees communicate with each other; • Employees' knowledge of the warning signs of potential workplace violence; • Access to, and freedom of movement within, the workplace by non- employees, including former employees or persons with whom one of our employees is having a dispute; and/or • Worker progressive disciplinary procedures. Procedure for Post Incident Response and Investigation The City of Redding has established the following procedures for investigating incidents of workplace violence. The procedures for investigating incidents of workplace violence, which include threats and acts of violence, include: • Reviewing all previous incidents; • Visiting the scene of an incident as soon as safe and possible; • Interviewing involved employees and witnesses; • Examining the workplace for security risk factors associated with the incident; • Determining the cause of the incident; • Taking corrective action to prevent similar incidents from occurring; • Recording the findings and ensuring corrective actions are taken; • Obtaining any reports completed by law enforcement; and • Providing support and resources, such as counseling services, to affected employees (These resources could include referrals to counseling services, information about employee assistance programs, and time off work if necessary.) Ensure that no personal identifying information is recorded or documented in the written investigation report. This includes information which would reveal identification of any person involved in a violent incident, such as the person's name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the person's identity. Workplace Violence Prevention Plan Page 7 of 9 9.7 Trainin� All employees, including managers and supervisors, will have training and instruction on general and job-specific workplace violence practices. These sessions could involve presentations, discussions, and practical exercises. Training and instruction will be provided as follows: • When the WVPP is first established; • Annually to ensure all employees understand and comply with the plan; • Whenever a new or previously unrecognized workplace violence hazard has been identified; and • When changes are made to the plan. The City of Redding will provide its employees with training and instruction on the definitions found in Section 9.1 of this plan and the requirements listed below: • How to report workplace violence incidents or concerns without fear of reprisal; • How to recognize workplace violence hazards; and • How to obtain a copy of the plan. 9.8 Emplovee Access to the Written WVPP The WVPP shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of Cal/OSHA at al) times. • Whenever an employee or designated representative requests a copy of the written WVPP, a printed copy of the WVPP will be provided to the requester, unless the employee or designated representative agrees to receive an electronic copy. • Employees can also view the WVPP on the City of Redding's Risk Management intranet page under Employee Safety Resources. Workplace Violence Prevention Plan Page 8 of 9 9.9 Recordkeepin� The following records will be stored in Risk Management in a separate file for Workplace Violence Prevention Incident Reports in accordance with departmental policies: • Incident Reports — any act of aggression should be recorded; they may be threatening to the employee, but may not result in an injury. Information on the incident report should describe who was threatened or assaulted, the type of activity, and all other circumstances of the incident. The records should include a description of the location/environment, lost time, and the nature of the injuries sustained. • All workplace violence reports, investigations, and related actions will be documented and maintained in accordance with applicable laws and regulations. These records will be accessible to authorized personnel for review and compliance monitoring. The followin� records should be maintained by each department. • Training records: which should include dates that training was conducted, type of training given, employees trained, etc. • Inspection records: which should include dates of inspection, areas inspected, all findings and recommendations, any control measures implemented. Workplace Violence Prevention Plan Page 9 of 9