Define and Identify Workplace Bullying.....1 The Costs and Consequences of Bullying.....2

OSHA’s New Recording Requirements.....3 THE BACK PAGE.....4

IN THIS ISSUE:

A Rise in Workplace Bullying

WHEN ‘KIDS WILL BE KIDS’ IS NOT AN EXCUSE Workplace Bullying’s Real Effects On Your CompanyThis month, we present the last installment of our three-part series on Workplace Violence. In Febru-ary 2014, we concentrated on recognizing and deal

ing with a violent employee. This month, we look at a less visible aggression: Workplace Bullying. What distinguishes bullying from harassment, or from ‘harmless teasing’? Can bullying result in legal con-sequences? And what happens to morale?

“Words can never hurt me.” Aside from Mon-ty Python’s infamous Knights Who Say

‘Ni,’ this saying is technically true. But experts say the persistent use of aggressive words, gestures or actions does affect the 37% of employees who claim to have been bullied at work.1

Desperately Seeking Definition

Harassment is defined as repeated unwelcome conduct based on the victim's membership in a

protected class, and discrimination is disparate and unfavorable treatment based on a protected class.2 Bullying is not motivated by race, sex, religion or any other minority protected class. It is defined by the Workplace Bullying Institute as "repeated, health-harming mistreatment of one or more per-sons by one or more perpetrators."3 There is no federal law prohibiting this conduct, but a bill has been introduced. House Bill 1981, also known as the Healthy Workplace Bill, has been introduced in 26 states since 2003.4 This Bill defines workplace bullying as a type of abuse, describes its parameters, and gives certain rules to follow when reporting and investigating a claim. It has not yet passed into law in any state.

Statistical Trends Help Identify Bullies

Looking at statistics and policies generated by re-ported cases tells us the behavior to watch for.

SHRM adds that bullying is "persistent, offensive, abusive, intimidating or insulting,'" and meant for the recipient to feel "threatened, abused, humiliat-ed or vulnerable."5 The Healthy Workplace Cam-paign divides bullying into Verbal Abuse; Offensive Behaviors meant to Humiliate or Intimidate; and Work Interference or Sabotage.4 Take a look at the Sidebar for examples of each type of bullying.

Verbal: chronic teasing, cruel comments, especially about sensitive personal details, aggressive voice-mails/e-mails, name-calling, screaming, cursing.5

Physical: pushing, tripping, poking, etc.5 A Work-place Violence Policy could already include these.Gestures: glances and stares and hand and body motions meant to threaten the victim. 5 Work Interference includes all efforts to make it unreasonably difficult for the employee to do his/her job: withholding information, overloading, setting meaningless tasks or impossible deadlines, deliberately ambiguous instructions.5

Humiliation includes acts designed to single out and humiliate: deliberate exclusion from work events, careless destruction or defacing of property, inter-ruption or belittling of ideas, denying leave without legitimate business/policy reason, denying worked hours or compensation, and public reprimand.5

BULLY BEHAVIORS

CAN YOU AFFORD THAT INSULT? This section illuminates the damage to morale, attendance, pro-ductivity and turnover that results from bullying in the workplace: a stressful, unhealthy condition that is akin to a hostile workplace. We also see legal claims the employer and supervisors may face, and medical costs. Now look at some expert-recommended preventions and solutions.

Policy Review: Do Your Policies Prevent Bullying?Companies may want to consider an anti-bullying policy.12

When writing a Policy, employers should consider:•Definition of Bullying and Prohibited Conduct•Procedure for victim and witness to complain•Explanation of confidential investigation•Non-retaliation statement•Could be included in Workplace Violence or Ha-rassment Policy, or Code of Ethics.

LEGALBullying could result in these causes of action:8

• Intentional Infliction of Emotional Distress: Vic-tim has emotional unrest because of extreme or outrageous and intentional or reckless acts

• Negligent Supervision: If Supervisor was perpe-trator, aware, or should have been aware

• Retaliation, if employee reports abuse and nega-tive employment action follows.

• If the Supervisor is responsible, the company is often liable. Common charges are Defamation, Invasion of Privacy, and Destruction of Property.

MEDICAL

45% of those bullied at work suf-fer stress-related health problems.• Cardiovascular problems• Impaired Immune System• Anxiety, Post-Traumatic Stress Disorder• Ulcers• Insomnia, Headaches

RESULTING IN: Absenteeism, low productivity, Turnover, Worker's Comp, ADA accommodations

Q: Bullying results in Legal Action more frequently when a Supervisor is involved. How do you define a Supervisor? A: A Supervisor has the power to make Tangible Employment Actions.12

Q: How can Employers avoid Liability for Harassment between co-workers?A: Either Employer exercised Reasonable Care to correct conduct in employee; or Employee Unreasonably Failed to use cor-rective opportunities offered.12

LEARN TO SPEAK:

LEGALESE

Costs and ConsequencesHARRASSMENT OVERLAPS

"Employers face legal claims associated with bullying because the conduct is often related to one or more legally protected characteristics."5

20% of Bullying Cases are also Ha-rassment or Discrimination Cases.Bullying Becomes Harassment when the abus-er uses unwelcome terms, conduct or negative employment action based on a protected class.

THE SKY IS FALLING... NO, THAT'S JUST YOUR MORALE

Could a Bullied Workforce affect your Turnover?

• TURNOVER: 17% of victims voluntarily quit to escape.6 Research says witnesses are more likely to quit than victims! 10

• INCREASED ABSENCES

• LESS PRODUCTIVITY

• MANAGEMENT TIME SPENT ON FIXING WORKER RELATIONSHIPS

"Temporary staffing agencies and host

employers [are] jointly responsible for main-taining temp employ-ees' safety and health,"14 says David Michaels, Assistant Secretary of Labor for OSHA.

What is a shared responsibility?

This means OSHA "could hold both the host and temporary employers responsible for the violative con-ditions..."14 What does OSHA recommend? Communication to en-sure necessary protec-tions at the site.

Record Accordingly: OSHA’S On-line Recordkeeping Rule Under Consideration in 2014

In OSHA's Own Words: Temporary Employees

Dec. 1, 2013: OSHA revised its Hazard Communication Standard to align with the UN's system of classifying and labeling chemicals. There are new label-ing elements and standard Safe-ty Data Sheets. Companies that use any chemicals should have trained workers by Dec. 1, 2013.Jan. 2014: Appeals Court de-nies pay for time spent putting on and taking off protective gear.March 10, 2014: Last day of the Comment Period on pro-posed rule to improve tracking of workplace injuries and illness-es. 13

This Year in Safety

Records are making a big comeback in

2014. And while these records aren’t the funky stacks of wax collecting dust under your ste-reo, they can make a lot of noise in a company. This year, OSHA’s pro-posals and implementa-tions focus on keeping records and reporting. One of the notable new rules, proposed on November 7, 2013, would require certain employ-ers to electronically submit their workplace injuries and illnesses.5 Nonexempt companies with over 250 employ-ees would be required to submit comprehen-sive injury and illnesses data (Forms 300, 300A and 301) quarterly, while companies with 20-250 employees would con-tinue to submit a sum-mary of work-related injuries and illnesses annually (Form 300A). OSHA intends to post these reports online,

with certain personal information removed.5

If approved, this rule would join other on-

line methods used by OSHA to keep track of hazards and violations. An Online Reporting feature is available for employees to report un-safe working conditions, and in December 2013, an Online Whistleblow-er form was introduced for retaliated-against employees.5

The new rule does not add requirements to keep records but re-quires employers to sub-

mit them to OSHA and the public. Indeed, all of OSHA’s online reporting features aim at an ease of communication, indus-try-wide awareness and company transparency. This rule has met oppo-sition from those who fear that the reports will publicly shame compa-nies and the data, re-moved of incident de-tails, could be skewed as the company's fault.

For employers using a Staffing Agency, the

prospect of a highly pub-licized report reinforces the importance of com-

munication between the host work site and the employer, and the effec-tiveness of filling out timely Injury Reports and following up with witnesses and the work-er to determine if an in-jury is recordable.

The Staffing Agency's duty is to "[send] workers to a safe

workplace." "Staffing agencies need not become experts on specific workplace hazards,"14 but they must be aware of con-ditions and dangers. This means an open line of communication if an employee transfers jobs during an assignment.

Host employers have the responsibili-

ty to "treat temporary workers like any other workers," in terms of safety and health pro-tections and "specific training tailored to the particular workplace equipment/hazards."14

1AlisonvanDusen,Forbes.comLLC.www.forbes.com.2008.2USEEOC.www.eeoc.gov/laws/types.2014.3WorkplaceBullyingInstitute,2014.www.work-placebullying.org4TheHealthyWorkplaceAct.www.healthyworkpla-cebill.org.2014.5SocietyforHumanRe-sourcesManagement,www.shrm.org.2012-2014.6CareerBuilder,2012.www.careerbuilder.com.7CivilityPartners,LLC,2013.www.noworkplacebul-lies.com

8HRDailyAdvisor,2013.www.hrdailyadvisor.blr.com9EmployeeEngagementOverview.Brochure.Gallup,inc.2013.www.gallup.com10HumanRelations,Vol.65,No.7,901-918.2012.www.hum.sagepub.com11"EmployeeRetalationagainstAbusiveBosses..."AcademyofManagementJournal,February/March2014.www.aom.org.12XPertHR.2012-2013.www.xperthr.com13"What'sNew."OSHA.2014.www.osha.gov.14"TemporaryWorkers."OSHA.2014.www.osha.gov/temp_workers/

OUR NEW FACES

Jackie Torok

Tina McLendon

OUR MILESTONESUPCOMING

We have two new additions to the TempForce team! We welcome Jackie and Tina to our Pell City Staff.

Jackie Torok has been in Man-agement for 10 Years. Her expe-rience in talent acquisition and employee retention will bring qualified applicants to each cli-ent - and keep them there. Jack-ie lives in Pell City and has three kids: Kyla, Jesse and Eli.

Tina McLendon joins us after 15 years in the local Staffing Indus-try. She looks forward to build-ing solid relationships with our clients. Tina has roots in East/Central Alabama: she resides in Oxford and has two children, Taylor and Colby.

As we enjoy the arrival of new fac-es, we also recognize the enduring commitment of our most loyal members. These company leaders celebrated their TempForce anni-versaries in February and March.

Michele Danis

Regional Accounts Manager,22 Years of Service

Karol Morgan

Operations Manager,28 Years of Service

Ray Hornsby

Owner, 30 Years of Staffing

CONGRATULATIONS.WELCOME.SourcesCitedinThisEdition

Safety Practices used at EHS Today's Safest Companies in America. They're interesting AND do-able! Click Here.The Safety Shelf: News and Tips Around the Web

OSHA's 2014 High-Hazard In-spection Plan: which companies will OSHA target? Click Here.

Do you use a Lock Out Tag Out system for the machines in your workplace? Be ready. Click Here.

7th Annual Randolph Co. Career Expo

We will be recruiting at this big event for our clients in Randolph, Clay and surrounding counties. Looking to reach a lot of people? We'll see you there!

Trinity Baptist ChurchApril 22, 20149 AM to 12 PM Roanoke, AL 36274

April is Child Abuse Prevention MonthTempForce offers annual support to the Calhoun/Cleburne Chil-dren's Center by wearing blue each Friday in April and decorating with the blue ribbon. Join us! Want to show your support? Connect with the Children's Center online.

May: Lake Martin Area Career Fair

We plan to attract talented candidates at this event in Alex City. But that's not all: the Lake Martin Economic Development Alliance will advertise the employers present in multiple venues and media all around Central Alabama.

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PASTValentine's Day

We love our clients THIS MUCH.And our hearts were aflutter seeing ev-eryone we did on February 14th! See more on Facebook.

Look familiar? We recently recognized these em-ployees for working safely. If one of our Safe Work-ers works at your company, let them know you appreciate them: “like” their photo on Facebook!

Central AL Community College5/21/201410 AM to 12PM Alexander City, AL