The U.S. Department of Justice (DOJ) started a new corporate whistleblower test program on August 1, 2024. The goal of the program is to make businesses more open and responsible. This program is meant to get people to report wrongdoing at work by giving them money if they do. People who give information can then lose a lot of money and be successfully prosecuted.
The Money Laundering and Asset Recovery Section of the DOJ is in charge of the program, which will last for three years. If it works, the DOJ may make changes or add to it. The main goal of the program is to improve white-collar crime prosecution by filling in gaps in present whistleblower systems. Companies need to be aware of this new development and make sure that their investigations at work follow the new rules.
How the Corporate Whistleblower Program Works?
The DOJ’s corporate whistleblower program provides whistleblowers with an opportunity to earn monetary rewards for information that leads to criminal or civil enforcement actions. The program covers cases where a whistleblower’s tip results in forfeitures exceeding $1,000,000. The potential awards are substantial, offering up to 30% of the first $100 million in penalties collected and 5% of additional penalties, up to $500 million.
This financial incentive could increase whistleblower complaints being made directly to the DOJ or through internal company channels. Companies receiving such complaints should act quickly. They have 120 days to self-report any issues brought up by internal whistleblowers to remain eligible for more favorable treatment, such as a potential declination of prosecution.
Lauth Investigations International: Ensuring Compliance and Effective Investigations
Partnering with Lauth Investigations International can help companies meet the strict federal, state, and local regulations governing workplace investigations. Lauth Investigations is known for its expertise in investigating issues like whistleblower protection, threat & violence, and other sensitive workplace matters. By leveraging their services, companies can ensure they remain fully compliant with Equal Employment Opportunity (EEO) laws and other relevant regulations.
With Lauth Investigations on your side, companies can implement thorough workplace investigations that protect the rights of employees while safeguarding the company from potential legal risks. Their expertise in handling investigations related to whistleblower protection helps ensure that any reports of misconduct are addressed quickly and effectively, providing peace of mind for both employees and employers.
Why Companies Need a Strong Whistleblower Program?
The DOJ’s new corporate whistleblower program adds more pressure on companies to have a solid whistleblower policy in place. A well-structured program allows employees to report misconduct anonymously, providing a safe and non-retaliatory environment. To comply with DOJ guidance, organizations must focus on four key areas:
Effective Reporting Mechanisms: Employees should be able to report anonymously or confidentially without fear of retaliation.
Properly Scoped Investigations: Investigations should be conducted by qualified professionals to ensure fairness and thoroughness.
Investigation Response: Organizations must act swiftly after receiving complaints and take appropriate corrective measures.
Resource Allocation: Companies should allocate adequate resources for investigating complaints and tracking the outcomes to ensure no issues are overlooked.
Enhancing Whistleblower Programs with Lauth Investigations
To comply with the DOJ’s new whistleblower program, companies need to enhance their current whistleblower policies. This involves setting up reporting mechanisms, such as hotlines, and training employees on how to use them. By partnering with Lauth Investigations International, companies can ensure their whistleblower programs are compliant and effective.
Lauth Investigations helps companies develop whistleblower programs that include clear policies on whistleblower protection and ensure employees know how to report misconduct safely. They also assist in creating a company culture that encourages transparency and supports employees who come forward with important information.
The DOJ’s new corporate whistleblower pilot program marks a significant step in encouraging transparency and accountability within corporate America. As the government continues to provide financial rewards to whistleblowers, companies must be prepared to handle an increase in workplace investigations. Failure to address whistleblower complaints adequately could lead to legal challenges and damage to a company’s reputation.
By partnering with Lauth Investigations International, companies can ensure they comply with the new DOJ program, protect their employees, and uphold a culture of integrity. Lauth Investigations offers comprehensive investigation services to address whistleblower complaints, ensuring companies meet all federal and local requirements. For more information on how Lauth Investigations can help your company, visit Lauth Investigations.
Found yourself in a confrontation with a colleague in the workplace? How well did this incident settle with you, and what strategies did both parties use to solve the problem? These are the kinds of questions that immediately come to mind whenever workplace violence is mentioned. How best to approach such type of squabble in the place of work mitigates the loss of productive hours, and it is the responsibility of the human resource department to segment appropriate measures of abating disputes that would result in violence. As an HR director, understanding the psychology around workplace violence is not just a necessity but a mandate for safeguarding the workforce and cultivating a culture of safety. It is also a chance to appreciate that human beings are different; therefore, studying individual behavior would significantly help in dealing with the workforce, helping them where necessary. Join me as we discuss the intricacies of human behavior and prevention and intervention strategies.
The Landscape of Workplace Violence
Before we discuss the integrities of workplace violence, it is paramount to comprehend the situation of the matter and how it has been entrenched into the working environment. According to the National Institute for Occupational Safety and Health (NIOSH), workplace violence affects a considerable number of workers in the United States. These abuses span across different spectrums, including physical abuse, verbal abuse and harassment, and homicides. In the same vein, the effect is shown to affect all demographics, raising the question of whether the human resources professional are trained and equipped to deal with such hurdles.
Statistic further paints a sobering picture- that 17% of workplace deaths are as a result of violence. Most of the reported cases are from the healthcare, social assistance sector, retail and accounting sectors. This is because the sectors above involve high interaction with individuals, exposing the workers to different characters. Notably, workplace violence permeates all industries, underscoring the need to have proper measures to deal with the menace. As a start, an organization can embrace threat assessment done by Lauth to save both lives and money.
Understanding the Perpetrator
At the center of workplace violence lies personal psychology and environmental triggers. As opposed to the popular belief, perpetrators of workplace violence cannot be easily identified as outcasts. They are people within the workplace who may have succumbed to individual and professional pressures. Consider a case of an employee who has faced setbacks in the place of work, combined with personal stress. While the employees might contain themselves and not show any sign of stress, the outburst can disrupt the tranquility of the working environment. This highlights the interrelated nature of workplace violence. It is a product of psychological distress that should be addressed before causing problems at the place of work. Factors such as financial challenges, untreated mental issues, job dissatisfaction, and substance abuse can cause the problem, converting an ordinary person into a threat.
The Role of Intelligence Investigation
In organizations with eminent potential for violence, proactive measures are necessary. While it is true that human resource directors have less training in establishing the possibility of violence in their place of work, this cannot be left as it is. The changing dynamics of workplaces demand innovation and always staying ahead of threats. One of the approaches to avert violence is conducting an intelligence investigation, which is the arsenal of the HR director. This includes analyzing data from different sources, such as employees’ behavior, and external assessment, which enable the identification of threats before escalating into violence.
The United Nations Office on Drugs and Crime study established that the role of intelligence investigation is to gather information and understand its relationship with other variables. Also, the study noted that intelligence investigation entails piecing up information and coming up with practical applications in the workplace to avert the dangers associated with violence. With this in mind, the importance of intelligence investigation cannot be overstated. Lauth’s threat assessment team will provide you with the crucial context you need to protect your employees.
Fostering a Culture of Prevention
The evolving nature of work must be addressed, and it is the HR director’s responsibility to cultivate a culture of prevention. How do we ensure that your workplace has the right culture of protection? It all starts with the most straightforward thing- communication. Supporting open communication motivates the employees to report any form of threat before it escalates into violence. A sustainable organization gives staff in the lowest rank the ability to report cases of threat without intimidation and guarantees them protection. Also, training employees on stress management and de-escalation strategies will ensure the safety of the workers. If you suspect your workers are suffering in silence, consider involving Lauth’s services, and we shall conduct a comprehensive background check to unearth what you don’t know.
Conclusion
As an HR director, ensure employees’ safety extends beyond policies and standards. Understanding the behavior of your employees is the starting point for designing appropriate interventions. Also, unraveling workplace violence and leveraging intelligence investigation tools would aid in navigating the challenges of risk. In the words of Benjamin Franklin, “An ounce of prevention is worth a pound of cure.” Let us act on this wisdom and ensure that workplace violence ceases to become a statistic but something of the past.
Proactive Strategies for Preventing Workplace Violence
Picture this: a workplace where employees feel respected, safe, and valued. Sounds good, right! Unfortunately, this is not always an ideal situation. The study by the Occupational Safety and Health Administration (OSHA) revealed that workplace violence affects about 2 million people every year in the United States alone. These figures may be scary and mitigate your determination to conduct business. Fear not, as there are well-proven strategies that you can implement to safeguard your employees and organization. This article will discuss five effective methods to create a working environment where safety reigns supreme.
Establishing a Comprehensive Prevention Policy
Imagine a castle without robust walls; it will be prone to attacks. Similarly, the organization and employees are at risk without a workable prevention policy in the workplace. Policies are internally created and customized to fit the nature of your business. It is important to note that there is no one-size-fits-all policies, as different organizations engage in activities with varied levels of risk. Studies have shown that workplaces with clear violence policies report lower incidences. Journal of Occupational and Environmental Medicine indicates that companies with violence policies experience 40% fewer cases than those without such guidelines.
The policy should define terms such as harassment, verbal abuse, and physical violence, which employees experience in the workplace. Notably, this policy document should also clearly indicate the reporting procedure, the disciplinary action to be taken, and the supportive mechanism for the victims. While some human resource directors might consider this a lot of work, it improves productivity. We, as Lauth, will conduct a proper violence assessment to give you insight into how well-prepared you are for incidences of violence.
Training and Creating Awareness among the Employees
It is self-fulfilling for a business owner to have a vigilant team that can detect threats. Employee training equips them with the necessary skills, such as interpersonal skills and conflict management, which makes them handle issues that could result in violence. The leading cause of violence within the workplace is a lack of understanding among the workforce, and appreciating diversity lessens violence. Investing in training saves time that could have been used to solve the conflict. For example, the National Institute for Occupational Safety and Health (NIOSH) study showed that companies that invested in workplace violence training experienced a 70% reduction in workplace violence. Arm your team with knowledge!
Conducting Rigorous Risk Assessment
Perhaps you cannot perceive the inherent risk that violence can bring to your business because it has never happened. Or better put, take into consideration an employee who gets injured while at work due to an incidence of violence, such as a physical altercation. Picture that regarding litigations related to work injury benefit claims, and I am sure you will appreciate the need to fortify your defense. A regular risk assessment identifies the vulnerabilities within your business. Through our experienced risk assessment investigator, we identify weak points in your system and provide a comprehensive report on improvements.
Establishing Workplace Violence Prevention Teams
Having a dedicated team of guardians for preventing workplace violence is the best thing you can gift your business this year. This team is instrumental in ensuring petty issues resulting from violence are handled out immediately before they escalate. A small problem, such as miscommunication, can snowball into physical or verbal abuse. It is prudent to establish a workplace violence prevention team consisting of experts from different departments, and their primary role would be to develop and implement violence prevention strategies.
Organizations with a workable workplace violence prevention team are good at establishing potential threats before they happen. This is supported by the Society for Human Resource Management (SHRM), which indicated that 80% of the companies with violence prevention teams reported a decrease in workplace violence incidences. As a starting point, develop a violence prevention team and track the cases within the first year. The outcome will be appealing, and for you to achieve this, we suggest helping you with a corporate culture audit to serve as a mirror of exactly how prepared you are in regard to workplace violence.
Promoting a Culture of Respect and Support
Build solidarity among your employees. Being united is a compact pillar in mitigating violence in the workplace. Successful organizations foster a culture of respect and support, which essentially prevents violence in the workforce. This is because the employees feel valued, and they tend to propagate the value of respect to the advantage of the business. How do you cultivate a culture of support and respect? This happens through encouraging open communication and enforcing a zero-tolerance policy for harassment or discrimination. These approaches create a sense of belonging, preventing conflict from escalating into violence.
Conclusion
It is undeniably true that workplace violence impedes an organization’s growth and lowers productivity. As the workforce continues to become more diverse, the chances of conflicts, hence violence, would continue in the workplace. Therefore, it is wrong to sit and wait until an incident happens in order to act. This article has highlighted the different strategies you can adopt for your enterprise and stand out in averting the repercussions that tag along with violence. Lauth can help you with your violence assessment, risk assessment, and corporate audit to mitigate violence.
If yours is one of the countless businesses across the United States who wasn’t prepared to deal with workplace violence and got caught out, you’re sadly—but certainly—not alone. Statistics reveal that as many as 90% of organizations do not comply with federal OSHA reporting regulations and record-keeping in this area. Meanwhile, 55% of American employees report being unaware or unsure of their employer’s emergency preparedness plans.
Sure, many businesses skate along relatively unscathed by this oversight. That is, until an unforeseen sequence of events brings it into shocking focus. If you have recently become aware of workplace violence or threatening behavior going unchecked on your watch, then this article is for you. As an employer, you can’t correct any past lack of readiness, but you can act responsibly today. Read on to discover the steps that you need to take next to prevent further damage, including human resource oversight, diligent investigations, corporate culture importance, and much more.
The Potential Cost of Being Blasé About Workplace Violence
If you’ve always imagined that worrying about things like workplace violence doesn’t need to be on your priority list, think again. Failing to take the issue seriously can result in a hefty price tag for American businesses. In fact, the average out-of-court settlement for workplace violence incidents runs at approximately $500,000, while a jury award settlement can painfully run into the millions. Yes, while you as an employer may not be the perpetrator, you can still be left with a business-sinking bill to settle.
Even on the lesser end of the spectrum, workplace violence on any scale can be a symptom of a toxic workplace culture that serves as a breeding ground for employee theft and even white-collar criminality. With abusive workplace behavior comes decreased productivity, employee absence, and runaway turnover. Business reputations can suffer, and ultimately lawsuits can ensue.
As an employer, you may find yourself held responsible for the actions of others as a respondent superior who failed to step in, under the terms of premises liability, or through negligence in hiring or retention. In immediate strides of damage mitigation, you can not only respond to present reports of threats or violence at work decisively, but you can also take immediate steps to rectify your state of preparedness for the future.
Damage Control for Threatening Behavior and Violence at Work
As someone with corporate or human resource oversight, you have a duty to develop an effective violence prevention policy and program and communicate it effectively to employees. This will include conducting accurate violence and threat assessments, incorporating threat screening into your recruitment policies, providing effective training to your leadership team, and having clear procedural guidelines in place to deal with both dangerous situations and their initiators.
To give an example, although 62% of companies view an active shooter as a top threat, around 79% report feeling unprepared for an incident of this kind. Resolution can be found in an expert threat and violence assessment from Lauth Investigations International.
In another instance, a leader may have allowed a toxic workplace culture to fester, only to see bullying escalate into violence. A swift and efficient corporate culture audit can quickly redress this imbalance, while comprehensive background checks can prevent the arrival of more bad actors in the future. Do you need help with launching impartial workplace investigations following reports of threatening or violent behavior in the workplace? Would you like expert guidance on how to make your place of employment safe, secure, and robust against the threat of nefarious employees moving forwards? If so, the Lauth Investigations team is here and ready to assist. We support businesses across America every day in their quest for strong corporate culture and ultimate prosperity. Don’t let workplace violence derail your progress—instead, reach out to our team today.
The nation was rocked once again by the news of yet another mass shooting in San Jose, California. The San Jose shooting is now being described by law enforcement officials as the actions of a disgruntled employee in an act of violence perpetrated against his coworkers. Samuel Cassidy, 57, entered his worksite, a rail facility for the Valley Transportation Authority at 6:30 in the morning with a duffle bag full of semi-automatic firearms with high-capacity magazines. Cassidy shot and killed 9 people who left behind families and loved ones in the aftermath of another tragedy in what has become a devastating state of normalcy.
Because there were no surveillance cameras in the rail yard, investigators have relied on witness testimony to fill in the blanks. Santa Clara County Sheriff Laurie Smith told the media that the San Jose shooting had the earmarks of serious premeditation, “ It appears to us at this point that he said to one of the people there, ‘I’m not going to shoot you.’ And then he shot other people. So, I imagine there was some kind of though on who he wanted to shoot.”
Possible motives for the San Jose shooting have only begun to emerge in the days following the violence. Cecilia Nelms, Cassidy’s ex-wife, told the Associated Press that Cassidy had ideations of homicidal violence against his coworkers as far back as 2012, when she recalled him saying he wanted to kill people at work. “I never believed him, and it never happened. Until now.” Nelms went on to state that Cassidy frequently expressed frustration or anger regarding his treatment at work, complaining of “unfair assignments.” The investigation into the San Jose shooting is still ongoing as law enforcement continue to piece together the pieces that lead to this violence. All the while, the families of the nine victims are left reeling, demanding answers as to how this could have been prevented.
As instances of mass shootings in the workplace continue to grow as a trending form of violence, employers and business owners continue to seek solutions to prevent it. While bolstering a workplace or worksite’s physical security measures are certainly a great way to protect employees, it can only go so far, as seen in the case of the San Jose shooting. The Valley Transportation Authority’s railyard was outdoors, and there are limits to how many checkpoints can be monitored and secured. Though security measure provide peace of mind, they cannot mitigate the systemic problems that toxic work environments cause. No evidence has emerged that the Valley Transportation Authority was a toxic employer, but the same cannot be said of all employers that have experienced mass shootings in their workplace. Toxic corporate cultures can potentially warp an employee into the sort who would open fire on his coworkers, and that’s why employers are more interested than ever in improving that culture.
Regardless of the motive for his deplorable actions, nothing would justify the senseless taking of nine lives and losses felt by hundreds more. The victims were Alex Ward Fritch, 49; Paul Delacruz Megia, 42; Taptejdeep Singh, 36; Adrian Balleza, 29; Jose Dejesus Hernandez, 35; Timothy Michael Romo, 49; Michael Joseph Rudometkin, 40; Abdolvahab Alaghmandan, 63, and Lars Kepler Lane, 63.
Just after lunch last Wednesday, violence erupted in
Milwaukee, WI at the famous Molson Coors factory, when an employee walked in with
a loaded firearm and began shooting, leaving 5 victims and the shooter
deceased. The violence is another in a string of shootings in the workplace that
has corporate leadership wondering what their role is in limiting these acts of
violence.
The victims in the Milwaukee Molson Coors shooting were identified as Jesus Valle Jr., 33; Gennady Levshetz, 61; Trevor Wetselaar, 33; Dana Walk, 57; and Dale Hudson, 60. The shooter, electrician Anthony N. Ferrill, 51, is deceased as well. Those victims, Ferrill’s coworkers, are remembered by the dozens of friends and family they left behind, as well as a community rocked by violence. Molson Coors chief executive Gavin Hattersley said in a news conference, “They were husbands, they were fathers, and they were friends. They were a part of the fabric of our company and our community, and we will miss them terribly.”
While many acts of violence in the workplace are perpetrated
by former employees, Anthony Ferrill was a current employee of Molson Coors.
Ferrill worked in the building’s utilities department. While authorities have
not established a clear motive for the shooting, according to the
Milwaukee Journal Sentinel, Ferrill had a history of dispute with his coworkers
that many have speculated finally came to a head in the events leading up to last
week’s shooting. The dispute may have had racial overtones, with Ferrill
accusing other employees of discriminating against him in the workplace. He had
suspicions that other employees were trespassing at his home, bugging his
electronic devices, and disturbing his property. With the exception of one man,
Ferrill had previous confrontations with all the victims, yet police have
declined to comment on how the shooting occurred.
When shocking incidents of violence like this occur in the workplace,
it’s not uncommon to hear from leadership in the organization that they are ‘shocked,’
or ‘astonished’ at the events that have taken place, or that the violence was
perpetrated by a member of their organization. The reality is that active
shooter events and other forms of violence in the workplace can usually be
anticipated and prevented if leadership is not asleep at the wheel.
Most workplace crises, from violence to theft, can be traced
back to faulty internal operations. That’s why so many corporations are seeking
to have their daily operations evaluated by independent investigators and risk
assessment firms. These investigators come into your business and begin examining
hiring processes, onboarding materials, employee engagement, and the turnover
rate in an attempt to identify the problems that cause frustration within the organization.
In the unfortunate example of Molsen Coors, there was obviously room for more
supervision with regards to intra-employee conflict. If the alleged
intra-employee conflict had been given more attention, it might not have ended
in violence.
Corporate Culture Audit investigators can provide leadership with the insight they need to improve their daily operations. Investigators can review hiring protocol, identifying risk factors and lack of oversight. They can review security systems, both in cyberspace, and at brick-and-mortar locations to identify weaknesses that would leave the company vulnerable to attack. These are measures that could have prevented the violence that broke out at Molson Coors, and they can protect your company, too.
If your corporation or organization needs a corporate
culture audit, call Lauth Investigations International today for a free quote
on our corporate culture audit program. Our program is built to fit businesses
of any size and is customizable to fit you investigative needs. Call
317-951-1100 or visit us online at www.lauthinveststg.wpengine.com
