Workplace Violence Prohibited

MnDOT Policy #WF014
Revised: June 27, 2024

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Director, Office of Human Resources
Policy Contact: Labor Relations Manager

Policy statement

The Minnesota Department of Transportation (MnDOT) fully adopts the enterprise Workplace Violence Prohibited Policy, HR/LR #1444, which was issued by Minnesota Management and Budget and is incorporated herein by reference. This policy should be read in conjunction with the MnDOT Respectful Workplace Policy and the Respectful Workplace Complaint and Resolution Procedures.

Any form of threatening or violent behavior in the workplace or any threatening or violent behavior that negatively affects the workplace is strictly prohibited. Threatening or violent behavior includes assault, battery, oral or written threats, stalking, intimidation, aggressive behaviors, or intentional damage to or destruction of property.

Employees

Any employee who:

engages in threatening or violent behavior in the workplace;
engages in threatening or violent behavior that affects the workplace; or
knowingly files a false report

may be subject to discipline, up to and including discharge.

Third Parties Working on MnDOT Projects

Third parties working on MnDOT projects who:

engage in threatening or violent behavior in the workplace;
engage in threatening or violent behavior that affects the workplace; or
knowingly file a false report

may be subject to appropriate action, up to and including contract termination

Reporting

Employees are expected follow the Workplace Violence Reporting Procedures if they are subject to or witness threatening or violent behavior, or warning signs of violent behavior, in the workplace, that affects the workplace, or that may affect the workplace. Third parties working on MnDOT projects are also encouraged to make such reports.

Retaliation Prohibited

Any form of retaliation directed against an individual who makes a report under this policy or participates in any investigation of a report under this policy is strictly prohibited. Retaliation includes conduct or communication designed to prevent a person from opposing or reporting workplace violence. Any employee who is found to have engaged in retaliation in violation of this policy will be subject to discipline, up to and including discharge. Third parties working on MnDOT projects who are found to have engaged in retaliation in violation of this policy will be subject to appropriate action.

Reason for policy

MMB’s Workplace Violence Prohibited Policy, HR/LR #1444, requires agencies to:

Adopt, implement, and enforce the enterprise policy.
Disseminate the policy to agency employees.
Post the policy in a manner that can be accessed by all employees and third parties.
Develop workplace violence prevention and response plans and internal reporting procedures.
Develop and provide training on the policy and prevention and response plans.

MMB is responsible for:

Developing training and related resources on the policy to supplement agency programming.
Updating the enterprise policy as necessary.

Additionally, this policy:

References the types of behavior that constitute workplace violence (see: Warning Signs of Violent Behavior in the definitions section);
Assigns responsibilities for MnDOT employees and third parties; and
Establishes reporting procedures for policy violations.

Applicability

All MnDOT employees and third parties working on MnDOT projects must comply with this policy.

Key stakeholders with responsibilities under this policy include:

Human Resources (Central Office and Districts)
Employees
Managers and Supervisors
Third Parties

Definitions

Third party

Individuals who are not state agency employees, but who have business interactions with state agency employees, such as:

Applicants for state agency employment
Vendors
Contractors
Volunteers
Customers
Business partners
Unpaid interns
Other individuals with whom state agency employees interact in the course of the employees’ work, such as advocates, lobbyists, and representatives of individuals or entities with business with any branch of Minnesota state government.

Threatening behavior

Any verbal or physical conduct that would reasonably cause fear of physical harm to individuals or property.

Violent behavior

The use of physical force that causes or is intended to cause physical harm to individuals or property.

Warning signs of violent behavior

Observable behavior that leads to a reasonable belief that the individual may engage in violent behavior. Warning signs of violent behavior may include, but are not limited to, intensely angry demeanor, significant loss of temper, articulated plan to commit violence, oral or written remarks about violent behavior, discussing use of weapons of any kind in a harmful manner toward others or bringing weapons into the workplace without a work-related reason, or repeated aggressive movements such as pounding, banging, or slamming items.

These warning signs may be unrelated to an intent to engage in workplace violence. Agencies are encouraged to use the Employee Assistance Program (EAP) and the agency’s human resources and safety offices to assess and respond to individual situations.

Workplace

A location where state agency employees perform job duties. The location need not be a permanent location, physical building, or State owned/leased property, but can be anywhere public service is being provided.

Weapon

Any item that is used to harm or intimidate another person.

Responsibilities

Office of Human Resources (Central Office)

Post the policy in a manner that can be accessed by all employees and third parties.
Develop workplace violence prevention and response plans and internal reporting procedures.

Human Resources (Central Office and Districts)

In addition to the responsibilities outlined in MMB Policy #1444, Workplace Violence Prohibited, MnDOT Human Resources must:

Implement and enforce the policy.
Disseminate the MnDOT and MMB Workplace Violence Prohibited policies to all employees.
Investigate all reported incidents and collaborate with the Office of Equity and Diversity, as needed.

Office of Equity and Diversity

Collaborate with the Threat Management Team to develop prevention and response plans, when requested.

Threat Management Team

In addition to the responsibilities outlined for Human Resources and Safety Personnel in MMB Policy #1444, Workplace Violence Prohibited, the MnDOT Threat Management Team’s purpose is to:

Offer training, resources, and/or guidance to assist employees and supervisors in responding to acts of intimidation, threats, and violence.
Document all behaviors or incidents that may violate this policy, including violent behavior, threatening behavior, and any warning signs of violent behavior.
Provide consultation to supervisors, managers, and employees to assess potential or actual threats and violence.
Complete an After-Action Report as soon as possible following an incident.
Provide biannual reports to leadership on incidents and trends.

Managers/Supervisors

In addition to the responsibilities outlined in MMB Policy #1444, Workplace Violence Prohibited, MnDOT managers/supervisors must:

Be familiar with the Workplace Violence Prevention and Response Plan.
Promote positive behavior and lead by example in respectful and professional treatment of employees and third parties.
Document and take timely and appropriate action when a complaint is made alleging violations of this policy and collaborate with Human Resources in the process.
Ensure employees complete the mandatory training requirements and provide information about other relevant training opportunities.

Employees

Be familiar and comply with this policy, the Personal Safety Tips, and the Workplace Violence Reporting Procedures.
Understand the warning signs of violent behavior and behaviors that constitute a violation of this policy.
Document and report all behaviors or incidents that may violate this policy.
Cooperate in employment misconduct investigations of alleged violations of this policy.
Complete MnDOT’s mandatory “Workplace Violence Prevention” training within 90 days of hire and every three years thereafter.
Complete MMB’s Workplace Violence Prohibited Policy Acknowledgement each year.

Third Parties Working on MnDOT Projects (contractor or vendor)

Be familiar and comply with this policy.
Document and report all behaviors or incidents that may violate this policy to the MnDOT project manager.
Cooperate in employment misconduct investigations of alleged violations of this policy.

Policy Owner (Director, Office of Human Resources)

Review the policy every two years, or whenever MMB makes changes the enterprise policy, to ensure the policy remains up to date.
Ensure procedures, forms, and training associated with the policy remain current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements and that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

History and updates

Adopted

July 17, 2015

Superseded

Policy 3.18 - Administration No. 96-1, Mn/DOT Dangerous Weapons Policy

Effective: January 19, 1996
First Revision: July 26, 2002
Second Revision: August 18, 2003

Guideline 3.18-G1 - Administration No. 96-1-G1, Mn/DOT Dangerous Weapons Policy Guideline
Policy 3.16 - Administration No. 93-3, Mn/DOT Harassment Policy

Effective: May 5, 1993
First Revision: July 26, 2002

Guideline 3.16-G1 - Administration No. 93-3-G1, Mn/DOT Harassment Guidelines
Policy 3.19 - Administration No. 97-2, Mn/DOT Policy Prohibiting Retaliation

Effective: October 31, 1997
First Revision: July 26, 2002

Guideline 3.19-G1 - Administration No. 97-2-G1, Mn/DOT Guideline Prohibiting Retaliation
Policy 3.26 - Administration No. 93-1A, Zero Tolerance of Violence in the Workplace

Effective: September 7, 1983
First Revision: May 10, 2007

Guideline 3.26-G1 - Administration No. 93-1A-G1, Zero Tolerance for Violence in the Workplace Guideline

Revised

First Revision: June 27, 2024 (also renumbered to #WF014 from #HR014)

Policy Review

This policy's next scheduled review is due June 2026.