LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 605.04 Violence and Threats of Violence by Department of Mental Health Employees
 
Policy Category:  Administrative
Distribution Level:  Directly Operated
Responsible Party:  Human Resources
 
Approved by Marvin J Southard, DSW, Director, on February 1, 1999
 
I.  PURPOSE
 
The purpose of this revision is to update Department of Mental Health (DMH) key information in Section 6.3.

To help ensure a safe and secure office environment for DMH employees and clients.

To establish guidelines and procedures for management responses to threats or acts of violence committed by DMH employees.

 
II.  POLICY
 
Violence and threats of violence are unacceptable under any conditions in DMH. Managers and supervisors are to treat all threats of violence as serious until proven otherwise.

Employee are prohibited from conducting themselves in any manner while on County property or in the performance of their duties which would constitute a threat to the safety or health of any individual, including themselves, or to the security of any employee, client, or County property.

Any employee who violates the intent of this policy or violates any of the prohibitions identified below is subject to warning, reprimand, suspension,
reduction, and/or discharge and the actions identified by specific provisions.

Prohibited acts described in this policy which occur off County property, off duty, or outside work hours are also violations of the policy and subject the employee to disciplinary action when:

 
  • They are a result of or in response to a job-related condition, statement, act or decision; or
     
  • They are contrary to the legitimate interests and goals of the Department or County.

In responding to any situation described in this policy, managers and supervisors must be aware of the rights and privacy of employees. They are to act upon reasonable, trustworthy, and reliable evidence, used in the conduct of serious affairs, and not upon speculation, gossip, or stereotype.

III. VIOLENCE AND VIOLENT ACTS

Except properly licensed and trained security personnel when fulfilling their assigned duties, an employee is subject to disciplinary action, including discharge, when he or she:
 
  • Brings a weapon, including a gun, weapon-like object, or explosive onto County property;
     
  • While on County property or on duty, fires a gun or rifle, or stabs or attempts to stab another individual with a knife, or threatens another individual with a gun, rifle, or knife. The employee may be immediately removed from the job as provided by the DMH policy on discipline (See DMH Policy 605.01) pending his or her discharge;
     
  • Throws any object which could cause injury if it struck an individual or with the intent to harm an individual or which can be reasonably concluded under the circumstance to have been used or thrown with such intent;
 
Uses or discharges mace, pepper spray, or similar substance, whether legally permitted in California or not, in a Departmental facility or while on the job. Those employees who are trained and/or licensed to use such substances and who carry them in the office or on the job should discuss their situation with the Departmental Safety Officer and with their managers.
 
Except properly licensed and trained security personnel fulfilling their assigned duties, employees may not hit, slap, choke, kick, trip, pull hair, or scratch another employee, client, or member of the public while performing their duties, on County property, or during work hours.

Employees may not fight or cause a fight on County property, or while performing their duties, or during work hours. This includes, but is not limited to, initiating a fight or uttering provocative words, such as epithets or slurs, which result in a fight, or continuing to fight despite a clear opportunity to end it.

Acts of violence against the property of the County or a County employee are also prohibited.


IV. THREATS OF VIOLENCE

Employees are prohibited, while on duty or on County property, from threatening violence or intimating violence.

Threats of violence include, but are not limited to:

 
  • Using or brandishing any object in such a way or under such circumstance that it can be reasonably concluded that it is a weapon;
     
  • Uttering words threatening violence or which can be reasonably concluded under the circumstance to be a threat of violence;
     
  • Making any statement, including a “bomb threat,” sign, or physical gesture which is intended to induce a fear of violence or which can be reasonably concluded under the circumstance to be an attempt to induce a fear of violence.

Threats of violence against County property or the property of any County employee are also prohibited.

Any employee whose conduct or presence on the job demonstrates a significant, immediate threat to the health, safety or well-being of another individual in the office may be immediately removed or reassigned from the office or suspended without pay pending investigation of the facts and determination of appropriate discipline, if any.

 
V.  PROCEDURES
 
VI.  AUTHORITY
 
Workplace Violence Safety Act of 1994