A certified nurse aide (CNA) who was suspended from an Iowa nursing home brought a gun to work and waved it in the air while threatening to take care of a problem with another employee. Two employees who witnessed the incident did not immediately report it, but first went to a meeting and then to lunch.
According to a state inspection report, a CNA came to the facility about 10 a.m. Sept. 26 to give a written statement related to an argument she had had with another employee the night before. That argument had resulted in the CNA being suspended.
While speaking to the facility’s scheduling coordinator and a human resources (HR) employee about the argument, the CNA pulled a gun out of her bag and said, “If you don’t handle it, I’ll take care of it myself.” She waved the gun in the air without aiming at anyone, and then put it back in her purse.
The scheduling coordinator and HR employee left the CNA in an office and went to a meeting, and then went to lunch. While at lunch, the two discussed the incident and decided they should report it. While they were at lunch, the CNA left the building, after first stopping to talk with some of her former coworkers.
After lunch, the scheduling coordinator and HR employee notified the administrator about the incident and the facility went into lockdown. The CNA was fired and barred from reentering the building, and the facility contracted the police to provide 24-hour surveillance for a week following the incident.
The scheduling coordinator and HR employee were later given verbal education regarding the necessity of reporting a firearm immediately. They told state inspectors that the administrator had not directed them to write a witness statement. Other members of staff were also interviewed and said that they had not been re-educated on what to do if they observed someone with a gun.
Compliance Perspective
Issue
The Iowa nursing home’s Firearms and Other Weapons policy had clearly stated that employees, residents, visitors, vendors, or others were prohibited from possessing firearms or other weapons while in/on the facility’s premises. It also said that if an employee suspected an individual of carrying a weapon, they should not confront the individual, but should immediately contact the security officer or supervisor and inform him/her of their suspicions. The facility’s employee handbook said that all safety incidents (no matter how minor) must be immediately reported to the supervisor, and that employees were then required to complete an Employee Incident Report and Employee Statement before the end of their shift. F584 says that residents have a right to a safe environment. OSHA guidance states that employers must keep the workplace free of known health and safety hazards. Because many emergencies, including workplace violence and active shooter incidents, occur with little or no warning, it is critical to plan in advance and to practice response through drills.
Discussion Points
- Review policies and procedures related to risk management and preventing workplace violence. Early intervention can prevent situations from escalating by identifying, assessing, and managing a threat. Recognizing pre-attack warning signs and indicators could prevent a potential tragic event. Review policies and procedures regarding the facility’s Emergency Preparedness Plan provisions for responding to an active shooter situation, including the performance of risk assessments and drills. Also review policies regarding someone bringing a gun onto the premises.
- Train staff on your policies and procedures related to preventing workplace violence. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Staff should know that reporting any concerns is mandatory, and could save a life or prevent serious injury. Ensure staff know what to do if someone brings a gun onto the premises, even if it is not an active shooter situation. Hold mock drills that include participation of law enforcement and other first responders to assess the effectiveness and competence of staff in responding to emergency situations.
- Periodically audit to ensure that staff are trained and knowledgeable of your policies and procedures related to preventing workplace violence, and also of their duty to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline. Also audit to see if staff know what to do if someone brings a gun onto the premises.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
