Conflict Management
Delegates Workbook Day 2
Health & Safety and the Law
Health & Safety at Work Act 1974 (HASAWA)
Sections relevant to workplace violence
Section 2 (1)
It shall be the duty of every employer to ensure, so far as is
reasonably practicable, the health, safety and welfare at work of all
his employees.
Section 7
General duties of employees at work
Take reasonable care for:
•
The health and safety of himself; and
•
Anyone else who may be affected by his acts or omissions.
•
Co-operate with his employer or any other person as far as is
necessary to enable the employer to meet his legal obligations.
Use of force
The legal system in this country is made up of two types of law - Common
Law and Statute Law. Both allow a person to use force on another in certain
circumstances provided that the force used is lawful, necessary and
reasonable in the circumstances.
PLAN
Any use of force on another should be considered in light of PLAN, i.e. were
your actions:
Proportionate: to the perceived threat. Is it the least intrusive/injurious
method?
Legal: is your action based on clear Statute, Common or Case Law/current
legislation?
Accountability: record your actions and tactical options, including why you
decided NOT to do something.
Necessary: can you justify your actions and any infringement of a person’s
rights to an independent third party?
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It is important that you carefully weigh the situation before considering using
force as this should be the last resort once all other options are no longer
viable. As an individual you are accountable for your actions. Any use of
force must be in accordance with the PLAN pneumonic.
Common Law
Common law is a well established principal, which entitles any person to
defend him or herself from ‘attack’ using ‘reasonable force’.
It clearly states that:
A person has the right to protect himself from attack
And to act in the defence of others
And if necessary may inflict violence on another in doing so
Provided that no more force is used than is reasonable to repel
the attack
Therefore:
If you have a genuine honest held belief that you or another are in
imminent danger, you may use such force as is reasonable and
necessary to avert that danger.
Section 3 - Criminal Law
A person may use such force as is reasonable in the circumstances:
In the prevention of crime
Or in effecting or assisting in the lawful arrest of offenders or
suspected offenders
Or of persons unlawfully at large
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Health & Safety and the Law Quiz
1. Which one of the following is included in the Health & Safety
Executive’s definition of violence in the workplace?
a. Insults
b. Aggression
c. Assaulted
d. Swearing
2. Section 2 of the Health & Safety at Work Act 1974 states “it shall
be the duty of every employer to ensure as far as reasonably
practicable …
a. the health & safety at work of all his employees”
b. the health & safety and welfare at work of all his employees”
c. the health & security at work of all his employees”
d. the health & safety and well being at work of all his employees”
3. Which one of the following responsibilities is placed upon
employees under section 7 of the Health & Safety at Work Act 1974?
a. To take reasonable care for their own health and safety
b. To report all health and safety incidents
c. To comply with the employer’s health and safety instructions
d. To conduct risk assessments of their working environment
4. What is the most important reason for having policy and guidance
in relation to work related violence?
a. It protects the company from prosecution
b. It sets out how risks will be reduced
c. It demonstrates the commitment of senior managers
d. It sets out the vision and values of the organisation
5. “People will only be justified in the use of force if they have a
genuine and honestly held belief that there is imminent danger which
justifies the force being used.”
Which one of the following describes the type of force that can be
used on the basis of this belief?
a. Rational
b. Responsible
c. Respectable
d. Reasonable
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6. What is the meaning of ‘proportionality’ in relation to self
defence?
a. The force used must be whatever is thought necessary
b. The force used must be balanced of the level of threat offered
c. The force used must be greater to overcome the threat offered
d. The force used must be justifiable retaliation from threat offered
7. What does the ‘A’ stand for in the pneumonic PLAN?
a. Actual
b. Active
c. Accountability
d. Arson
8. What is another Health and Safety law relating to conflict?
a. COSHH
b. IOSH
c. RIDDOR
d. UWRLD
9. What can you do when someone has spat on your clothes?
a. Reasonable and necessary force
b. Citizens arrest
c. Nothing
d. Detain until police arrive
10. What does Common Law not state?
a. A person has the right to protect himself from attack
b. Act in the defence of others
c. Use force in the prevention of a crime
d. Such force as is reasonable
La
w
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Dynamic Risk Assessment
Definition
“The Dynamic Risk Assessment process helps an individual to
effectively assess a situation from a personal safety perspective, as it
is unfolding. The person can continuously assess the circumstances
and adjust his or her response to meet the risk presented moment by
moment”.
One of the greatest threats to an individual is complacency. This is
something that anyone can fall prey to and often happens because the
individual concerned has performed a task hundreds of times before. Being
approached by a member of the public or finding someone asleep on a bus
are routine parts of the job and it is easy to miss signs of danger. Work-
related violence can be difficult to predict and to control because it is hard to
anticipate the range of responses that someone might use in a
confrontational situation.
The risks may be compounded at certain times and locations, or by factors
relating to others who may, for example, present challenging behaviour, be
influenced by drink or drugs or have a history of crime and/or violence.
It is important that you are always alert to any potential threats. Good
dynamic risk assessment means using the SAFER and POP pneumonic.
SAFER
S =…………………………………………………………………………………………………………………………………………………………………………………
A =…………………………………………………………………………………………………………………………………………………………………………………
F =…………………………………………………………………………………………………………………………………………………………………………………
E =…………………………………………………………………………………………………………………………………………………………………………………
R =…………………………………………………………………………………………………………………………………………………………………………………
POP
P =…………………………………………………………………………………………………………………………………………………………………………………
O =…………………………………………………………………………………………………………………………………………………………………………………
P =…………………………………………………………………………………………………………………………………………………………………………………
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Common Flashpoints &
Triggers
What is a flashpoint?
•
Trouble spot: a place where violence is likely to break out
suddenly, usually as a result of social or political tension
•
Critical stage: the critical stage in some process, event, or
situation at which action, change, or violence occurs
What is a trigger?
•
Anything that sparks off an incident, continues it or escalates it
Introduction
As the saying goes
‘It takes two to tango’. In many instances of violence
and aggression, ‘It takes two to tangle’. This is because the majority of
incidents of emotional or angry aggression and have a history and time
course. This history and time course refers to the sequence of behaviours
(actions, words, etc.) of each person involved. How one person responds to
another’s trigger can intentionally or unintentionally often constitute a
further trigger in return. Even if one party to an incident played no part in
the origin of that disagreement, how they respond to the other person’s
anger, frustration, etc. may well help determine the future course of that
anger.
Read the following ‘train journey’ scenario and answer the questions
on the following page.
The Train Journey
Imagine that you are travelling by train from the very north of England to
Cornwall and you are due to change trains at Birmingham. The journey
southwards has suffered innumerable delays and you are increasingly
worried that you might not be able to make a connection from Birmingham.
You ask the on-train guard/ conductor several times for information and
advice but all she advises, “Check on arrival at Birmingham because I can’t
help you? Upon arrival at the station in Birmingham you leave the train very
anxious about your onward travel. You spot a guard on the platform and ask
“Has the train for Penzance left yet?” The member of station staff replies that
he has no idea and says, “You’ll have to go to the information desk and ask
there?”
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1. How would you feel?
2. What do you think of the behaviour of both the on-train guard and
the station staff? Do you think the behaviour of either of these is likely
to make you fell better or worse?
3. If you feel worse, do you think they intended to make you feel
worse?
4. Even if you think they did not intend it, do you think the response of
either member of staff is likely to make the incident worse, i.e.
escalate it?
5. What might either member of staff said or done to improve rather
than worsen the situation?
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Open Palms
The PALMS pneumonic supports safer working following five easy steps.
Position
By moving out of the customer’s exit route you are not blocking them in.
Remember a person is always communicating so be guided by your training
and experience - plan for safety at all times.
Attitude
Is about displaying a positive and helpful attitude. We’ve already covered
this in your training yesterday and today i.e. Positive Mental Attitude (can
do), Bataris’ box and Internal cycle.
Look and listen
Let’s break this down into the two elements. Firstly, one of the ways to build
and maintain rapport is to have reasonable eye contact, and you already
know this, don’t you.
You should adjust the % time spent on maintaining eye contact to either
build or break rapport; you must also be sensitive to other cultures.
The second element is listening. You should listen to what is being said and
let the person finish. Do not interrupt or speak over the other person as this
may inflame the situation. Focus on what they are saying and not what you
are going to say. Use good listening body language - listen actively and
paraphrase where appropriate.
List below 5 Do’s (+) and 5 Don’ts (-) of active listening
Do’s (+) Don’ts (-)
……………………………….. ……………………………………
……………………………….. ……………………………………
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……………………………….. ……………………………………
……………………………….. ……………………………………
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Make space (where possible)
Intimate zone - less than 18 inches, as a general rule is regarded as the
intimate zone. This is normally family, friends, partners etc. If anyone else
comes that close, we regard it as unsettling and threatening.
Personal zone - (18inchs to 4 feet) we are comfortable to admit people we
know well into this space, but again would feel uncomfortable if casual
acquaintances spent too much time this close.
Safe zone - (4-5 feet) circumstances and/or the environment will not always
allow you the luxury of controlling your space. For personal safety reasons
this is the recommended distance. We also refer to this zone as the
reactionary gap. Something to bear in mind is that an action will always beat
a reaction. This is why you need to keep a reactionary gap and is particularly
important if a weapon is being used.
Social zone - (4-12 feet) we are comfortable with most people in this area.
This is in fact the zone in which most business is conducted, and it is often
reinforced by the presence of a desk or counter between two parties.
Stance
Interview stance - Always maintain your safe distance if the other person
moves towards you, retreat. Always be aware of where your escape route is,
and retreat towards it. You should stand to the side and only slightly ahead
of them. This allows for face to face communication whilst encouraging
effective communication and restricts access to you as you at an angle to
them.
Movement and balance is easier when you adopt the correct, safe, stance
from the outset. The recommended stance is slightly side on to the other
person. One foot should be in front of the other, with the leading foot
pointing toward the other person. The other foot should be at an angle. Your
feet should roughly form the letter “L”.
This gives a balanced, firm posture that does not communicate aggression.
You can easily slide away from the other person, and if you are pushed you
are less likely to lose your balance.
Your aim is to have your hands to the front in a relaxed position so that they
can be used to maintain a reactionary gap and block any potential grabs or
strikes.
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Blocks to Communication
“At some points in our lives we’ve all felt either at the time or
afterwards that “that could have gone better!” It may have been
something that was said or not said or something that wasn’t quite
clear enough.”
Blocks to Communication Word Search
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Use of Force
Signalling Non-Aggression
4 As of Signalling Non-Aggression
Manage Anger
Manage Abuse
Maintain a Positive Mental Attitude
Be Assertive
Thinking about your previous learning how can we manage our
anger?
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
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How do we cope when customers are being abusive towards us?
_______________________________________________________
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Positive Mental Attitude, is a psychological term which describes a mental
phenomenon in which the central idea is that one can increase achievement
through optimistic thought processes. PMA implies that one has a vision of
good natured change in one's mind; it employs a state of mind that
continues to seek, find and execute ways to win, or find a desirable outcome,
regardless of the circumstances. It rejects negativity, defeatism and
hopelessness.
Assertive
Assertiveness is about rational thought not emotions
It is about stating your position whilst maintaining respect for other
people and their views
It has a clear moral dimension which stems from ownership
Not just what you say but how you say it
You have a right to work without being abused
You do not have a predetermined outcome in mind so you aim for a win-
win outcome
There are different types of assertion that can positively influence
effective communication
Three basic types of assertion
Basic
Empathy
Consequences
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Workplace Violence Support
& Management
What is an assault?
The term assault is often used incorrectly. This is because what determines
The term assault is often used incorrect
an assault is partly based on an individual’s ow
indivi
n perception of the
dual’s ow
circumstances.
The Community Safety, Enforcement & Policing Directorate definition of an
The Community Safety, Enforcement & Po
assault can be summarised as:
‘… any act by which a person intentionally or reckles
r
sly causes
another to perceive a threat or ‘offer’ o
another to perceive a threat or
f im
f
mediate unlawful
violent force’
This means any act where a person tries to harm you or deliberately cause
you to feel threatened with immediate
you to feel threatened with i
violence.
mmediate
Report and Record
Setting the scene on a bus. A situation develops with a passenger and you
n develops with a pa
decide to try and diffuse the situation, but the passenger strikes y
decide to try and diffuse the situatio
ou and
remains standing laughing at you.
remains standing la
Remove yourself from danger
Remove yourself from dange as quickly as possible.
r
as quickly as possible.
You or your colleagues contact CentreComm. If the passenger remains
You or your colleagues contact Cent
on the bus contact the police before CentreComm. Await the Police but
if the passenger leaves the bus cancel the ‘999’ call. Use code 5 pri
if the passenger leaves the bus canc
or
o
to an assault.
Then contact your Line Manager/Coor
Then contact your Line Mana
dinator to report the incident a
ger/Coor
s
dinator to report the incident a
s
soon as possible.
o
You or a colleague submit
You or a colleague submi s a CCTV request form.
If you do not continue wit
i h yo
h
ur shift then on your return to
n
work.
Complete an assault report along with your Coordinator.
ong with your Coordinator.
Complete a post assault questionnaire. The first part of th
Complete a post assault questio
e
questionnaire is used to record additional information about the
incident of
incident o workpla
f
ce violence you have experie
e
nced. This information
helps us continue do
helps us continue d ing everything we
o
can to reduce such incidents
ing everything we
.
can to reduce such incidents
The second part of the questionnaire helps us monitor how we are
e questionna
managing
managi
workplace violence incident
ng
s.
s This section is CONFIDENTIAL.
Attend post assault interview (not the same as the back to work
Attend po
interview).
Attend back to work interview. This
Attend ba
will determine if you are fit to
return to your role and then if you require any additional support i.
return to your role and then if yo
e.
u require any additional support i.
working with colleague or reduced hours to ease you back into your
job role.
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Review Incident
How can you review what happened and why it happened?
______________________________________________________________________________
What is the purpose of reviewing the incident?
______________________________________________________________________________
You are going to look at a scenario loosely based on actual assault forms (no
names etc. mentioned) using firstly perceptual positions (
this is a way of
looking at situations including conflicts from three different
perspectives) then evaluating the information.
Perceptual Positions Scenario
RPI xxxx and I completed our ticket check and were sitting upstairs filling in
our duty statements with the details of the bus.
Three male passengers boarded the bus at xxxx road and came upstairs. As
they reached the top of the stairs RPI xxxx noticed the middle one of the
three pass up a blue Oyster holder to the youth in front. They then walked
passed us and sat at the rear of the bus - on the back seat.
RPI xxxx got up and asked to see their ticket or passes. They all claimed to
be 15 or 16 and not to have any passes on them. I went to the aid of RPI
xxxx in completing the penalty fares for two of the three youths. RPI xxxx
repeatedly asked to see the pass that she had seen in their possession. They
denied having any pass. I asked the youths to empty their pockets, which
two of them did but the last youth refused.
RPI xxxx, stated” I’m going to stop the bus and call the police. You can then
tell them your stories”. Then the youth she was questioning then leapt up
and accosted me. I asked him to sit down and he grabbed me by the
shoulders and tried to barge through me. Then he shoved me and ran down
the stairs. I shouted to the driver to close the doors but he pushed past a
female passenger and ran off laughing.
The other two youths got off the bus with us but subsequently ran away.
After reading the scenario, use the three stages of perceptual
positions; give a brief overview what happened, why it happened and
what could be learned for next time if a similar incident occurs.
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1. Give a brief overview to what happened in the scenario.
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2. Why did the assault or incident happen?
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3. What can be learned for next time a similar incident occurs?
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Why do you need to review incidents of work related violence?
……………………………………………………………………………………………………………………………
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The aim of the course was to:
Alter thinking
Build better behaviours by improving skills
Change understanding
By employing the skills you have learned the last two days and practicing
them whenever possible, you can alter your, colleagues and passengers
thinking, build better behaviours by using your skills even more and change
understanding in the way you interact in a conflict situation.
Review Exercise
Write below how YOU will transfer the course aims into YOUR role as
an RPI. Give one example for each of the course aims.
A_____________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
B_____________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
C_____________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
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Document Outline
