The Scottish Government

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PROTECTING PUBLIC SERVICE WORKERS
When the customer isn't right

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Contents

Ministerial Foreword
1Introduction
2Legislation and Definitions
3Approach
4Current Situation
5Raising Awareness
6Common Badging
7Communications
8Incentivising Employers
9Training and Education
10Children and Young People
11Reporting and Processing Incidents
12Statistics
13Monitoring and Evaluation
14Costs
15Summary of Recommendations
Annex AList of Participants
Annex BUNISON Trauma 2003 Recommendations

Ministerial Foreword

No one should ever have to face violence and abuse as part of their job. Yet there is mounting evidence that many of those serving the public risk being physically assaulted or verbally attacked at their work. Every day, public service workers are confronted with hostility, aggression and even violence from their 'customers' as a matter of course. That cannot be allowed to continue.

In a world where an ever-increasing emphasis is, quite rightly, placed on meeting customers' needs, it is unacceptable to forget that those who help us - bus drivers, shop workers, housing officers or members of the emergency services - are people too, and deserve to be treated as such. Of course, customers are entitled to respect and courtesy, and those serving them should try to meet their diverse needs wherever possible. Respect, however, is a two-way street, and we need to recognise that there are exceptions to the rule that 'the customer is always right'. Is the customer right to swear at someone who is serving them? To spit at someone who is trying to help? To punch someone who is only doing their job? No. Never. But it happens. And action is needed to help protect public service workers from such abuse.

Clearly, there is not one simple solution to this problem, nor an effective solution which can be delivered by government or employers or trades unions working alone. That is why this report, which is the result of the Executive working in partnership with the STUC, trades unions and representative and professional bodies, is so valuable.

I am very grateful to the members of the Steering Group whose efforts enabled this report to be drawn up so quickly. While the timescale for its preparation was demanding, the progress achieved in so short a time is impressive. The Executive is committed to building on the report's recommendations, in partnership with the Steering Group and other interested bodies. I am pleased that the majority of the members of the Steering Group have agreed to continue to oversee the development of this important programme of work, providing a valuable forum for sharing knowledge, experiences, and best practice.

I welcome in particular the assistance of the STUC, who have extended the secondment to the Executive of one of their lay members. This will help ensure that the development and implementation of this package of measures will make a genuine difference to the working lives of those who serve the public.

I fully support the report's approach to tackling the problem of work related violence; sending a clear message about its unacceptability; and helping key players to recognise and fulfil their roles in bringing such abuse to an end. By involving not just employers, but employees, the general public and the perpetrators of this abuse, we can make clear when the customer isn't right, begin to challenge the tacit acceptance of such antisocial and criminal behaviour and put in place systems to support and protect those at risk of these attacks.

This programme is part of the Executive's commitment to tackle antisocial behaviour and bring about a safer Scotland, where decent, ordinary people can go about their daily lives without being threatened or intimidated by the actions of others. As part of that commitment, we are also taking forward the Emergency Workers Bill in the Scottish Parliament to tackle the serious problem of violent attacks on emergency workers responding to emergencies. Like the overall antisocial behaviour strategy, our approach emphasises that our society is one based on responsibilities as well as rights.

Emergency workers as well as public service workers more generally will benefit from the actions resulting from this report. Indeed a central part of the report's package of actions is the launch of a public awareness campaign, to highlight the prevalence of verbal and physical violence against public service workers; emphasise the unacceptability of such behaviour in our society; and encourage victims to report any abuse they encounter.

All of this will take time. But the message of the report is clear: attacks on workers who serve the public are never acceptable and will not be tolerated. I strongly endorse that message and the Executive will do all it can to ensure that the people of Scotland can go about their daily work without living in fear.

Andy Kerr MSP
Minister for Finance and Public Services

Chapter 1 Introduction

1.1 In his foreword to the consultation paper 'Protection of Emergency Workers', the Minister for Finance and Public Services, Andy Kerr gave a pledge that a package of measures would be developed to address the problem of attacks on public service workers. This would be taken forward by the Scottish Executive together with the STUC, other representative bodies and relevant agencies.

1.2 The remit for this work was to develop proposals for:

• new initiatives building on those that already exist
• an overall strategy for taking initiatives forward
• an overarching publicity campaign on protecting public service workers which would link together the various initiatives being pursued by individual bodies, etc.

1.3 The report was compiled by an official of the Scottish Executive working with a lay member of the STUC, in liaison with a steering group, as described in Section 3 below.

Chapter 2 Legislation and Definitions

2.1 The legislation covering Work Related Violence (WRV) is:

• Health and Safety at Work Act (1974)
• Management of Health and Safety at Work Regulations (1999)
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (1995)
• Safety Representatives and Safety Committees Regulations 1977
• Employment Rights Act 1996
• The Health and Safety (Consultation with Employees) Regulations 1996

2.2 The organisation with responsibility in the UK for enforcing legislation surrounding WRV is the Health and Safety Executive (HSE) and local authorities for premises which they regulate. The HSE define WRV as: Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats as well as physical attacks.

2.3 There are also more general legal powers, not restricted to employment situations, which can be used to protect people from work related violence, antisocial behaviour and harassment.

2.4 These include common law powers in criminal law and civil procedures such as interdict. The Protection from Harassment Act 1997 strengthened criminal and civil law on harassment and introduced Non-Harassment Orders, while the Crime and Disorder Act 1998 introduced Antisocial Behaviour Orders (ASBOs) for over-16s in Scotland.

2.5 The Antisocial Behaviour etc (Scotland) Act is intended to improve the range and effectiveness of interventions to deal with antisocial behaviour. The Act includes provision to extend ASBOs to 12-15 year olds. Consultation on draft guidance on use of ASBOs, including ASBOs for 12-15 year olds, will end in September, with commencement of the Act's provisions to follow.

Chapter 3 Approach

3.1 We have interpreted the term 'public service worker' to mean 'any person coming into frequent contact with the public or who provides a service to the public in the course of their work'. The term 'public service worker' is intended to include unpaid voluntary workers, who often play a significant role in serving the public.

3.2 We also carefully considered how violence in the workplace, verbal abuse or any other form of abuse should be referred to in this document. Different definitions are used by various groups we have consulted. We adopted the HSE's terminology which is WRV and where this is used, unless otherwise stated, it refers to all forms of abuse covered by the HSE definition when carried out by a member of the public towards a worker.

3.3 In taking this forward we have sought to be as inclusive as possible. A range of interested parties were, therefore, invited to a plenary meeting on 15 January 2004 for an initial discussion and exchange of ideas about WRV and how to address it. Participants at that meeting were invited to make nominations for membership of a short life steering group. Two meetings of the Steering Group took place on 12 February and 5 March 2004. This was followed by a further plenary meeting on 19 March. A list of those who have taken part in the consultation process is at Annex A.

3.4 All opinions and recommendations were drawn directly from consultation meetings and Steering Group input. The recommendations in this report were broadly agreed by the Steering Group and are set out in Sections 5-13. Each of the recommendations is followed by a fuller explanation.

Chapter 4 Current Situation

4.1 Health and Safety Executive

4.1.1 In March 2000 the Health and Safety Commission (HSC) embarked on a 3-year programme to reduce the incidence of WRV by 10% by the end of 2003. The programme was developed to address this increasingly serious problem at that time. The HSC took the view that violence was a societal problem and not just a health and safety issue. Nevertheless, it concluded that employers should be doing more to protect their staff and that there was scope for HSE's existing work and guidance on WRV to be supported by further initiatives.

4.1.2 Phase I of this programme has to date:

• published case study guidance to help smaller businesses manage the risk of work related violence
• published research showing examples of good practice in prevention and management of violence to lone workers
• funded the development of new National Occupational Standards in the management of work related violence. These standards were published by the Employment National Training Organisation in September 2002 and provide employers with a framework on which to develop detailed policies on WRV

4.1.3 In Phase II, the HSC plan to take forward a number of key projects and initiatives over the next 3 years, some of which build on existing work under the 2000/03 programme. Key elements of the programme include:

• new research into the effectiveness of training programmes in the health services
• new measures to improve awareness amongst taxi drivers and lone workers of WRV and how to manage it
• revision of HSE's Operational Circular on WRV
• improved compliance in the railway industry, through targeted investigations of areas of known weakness with enforcement where necessary
• liaison with DoH's Special Health Authority to take forward recommendations from the 2003 NAO Report and ensuing security strategy
• a programme of inspections of WRV at targeted NHS Trusts (England) and nursing homes as part of the Health Services Priority Programme
• new research into the effectiveness of workplace design to reduce WRV
• development of a new HSE priority programme on Government Setting an Example on heath and safety issues, including WRV

4.2 Extent of Problem

4.2.1 It is very difficult to estimate the true figure in relation to assaults on workers due to the fact that it has been demonstrated that many people regard verbal abuse as 'part of the job' and others feel unable or unwilling to report all but the most serious of incidents. For example, a recent report by the National Audit Office (NAO), estimates that around 40% of violent and aggressive behaviour incidents in the NHS in England are not reported.
It is widely accepted by all of the organisations consulted in this project that this is true of most industries. This could be due to a number of factors: lack of training; lack of support from employers; fear of being perceived as unable to deal with the job; lack of reporting procedures or reporting procedures which are time consuming and onerous; as well as a belief that the complaint will not be dealt with seriously.

4.2.2 Few performance indicators exist currently for WRV. Most statistics are only available through individual employers, trade associations and trades unions which means that a lack of consistency renders the results unusable in any meaningful way. In addition we have been presented with anecdotal information from many sources that such abuse and/or assaults are not considered worth reporting either to the police or employers and are therefore significantly under-recorded.

4.2.3 The NHSScotland Partnership Information Network guideline Managing Health at Work estimates that 1 in 5 Scottish healthcare workers are physically or verbally attacked in their workplace. It also gives reasons for the difficulties in obtaining accurate figures. These include:

• differing definitions of what constitutes violence and aggression
• wide variations in reporting and data-collection methods
• reluctance on the part of staff to report incidents

4.3 British Crime Survey

4.3.1 The findings published in January 2004 from the latest (2002/03) British Crime Survey ( BCS) show that the number of violent incidents at work in England and Wales has fallen. Without exception anyone we have consulted has not only expressed surprise at this outcome but insisted that the reduction is more likely due to the fact that there is a significantly high level of under reporting as victims and employers do not recognise the importance of reporting and write off the abuse or violence as 'part of the job'.

4.3.2 However, the findings from the BCS continue to show that those people who work directly with the public have an increased risk of violence. Those in protective service occupations, for example, police officers, fire service officers and prison service officers are most at risk of WRV. Also at high risk are health and welfare workers, including nurses, paramedics and welfare officers; health professionals such as medical and dental practitioners; transport workers; teachers; workers in the leisure and hospitality industry; and corporate managers (including senior officials in national and local government) who come into direct contact with the public. This was confirmed by those we consulted with the additions of local government workers, and ancillary workers in the Health Service.

4.4 Scottish Crime Survey

A separate crime survey was conducted in Scotland in 2000 and the HSE commissioned a separate analysis of the 2000 findings, similar to the BCS. However, the findings were not published due to a very low response rate. Figures for Scotland were therefore not included in the baseline for the HSC's 2000/03 programme.

4.5 TUC Survey 2002

The 2002 TUC survey of over 5000 safety representatives highlights that violent assaults and threats are the fastest growing health and safety concern in the workplace. In this survey WRV was ranked in the top five workplace hazards, alongside stress, upper-limb disorders, display screen equipment, and back strain.

4.6 Scottish Retail Consortium

The Scottish Retail Consortium, in the second Scottish Retail Crime Survey published in October 2003, estimate that 4 employees in every 1000 in the retail sector were victims of physical violence in Scotland in 2002 compared to 6 per 1000 in the UK. 24 employees per 1000 were victims of physical violence, verbal abuse and threats of violence compared with 30 per 1000 in the UK. A number of retailers had reported that the incidences of weapons and drug-related crime had increased.

4.7 UNISON 2003 Trauma Report

4.7.1 The public service union, UNISON, carried out a survey of members on WRV and the results were published in the TRAUMA 2003 Report. The survey, which covered both the Health Service and local government members in Scotland, draws the following conclusions:

• levels of violence are high
• people have become accustomed to an atmosphere of aggression and violence
• fear is a common element of life in the public services
• reporting is unreliable and risk assessment patchy
• the response to risk is unclear and training uncommon.

4.7.2 A summary of the report's recommendations can be found at Annex B of this report. Further information can be found on the UNISON website www.unison.scotland.org.uk/briefings/trauma2003.html

4.8 Preventative Initiatives

4.8.1 There is little co-ordination of current initiatives to prevent WRV across Scotland. Where they exist these tend to be in areas where there have been considerable problems. An example of this is the project in Easterhouse where a community-based programme of investment by First Bus, in association with Glasgow City Council, the Scottish Football Association, Sportsmatch and Strathclyde Police is aimed at promoting football as a positive alternative to antisocial behaviour. The company made a substantial investment in football equipment and training and significantly reduced attacks against bus drivers and vandalism.

4.8.2 Staff in both bus and rail sectors have been issued with DNA swabs to be used after attacks involving spitting, which have increased in buses since the advent of protective shields for drivers. The DNA is collected using the swabs and then sent for testing.
If the attacker has a DNA record they are identified. Unidentified swab results are kept on a register for identification purposes should the perpetrators commit further offences. This was recently tested in the courts and an attacker given a 4-month prison sentence following a successful prosecution.

4.8.3 The Scottish Executive has commissioned research on antisocial behaviour on buses. The report is expected to be published in September 2004.

4.8.4 The level of knife crime is of particular concern to workers and employers alike. The Scottish Executive is already committed through a Partnership Agreement to reviewing law and enforcement on knife crimes and the Scottish Executive Justice Department is taking forward consideration of this.

4.8.5 The Scottish Safe City Centres Initiative aims to reduce the incidence and cost of crime in Scottish city centres. It will involve investing in initiatives such as CCTV, Radiolinks, promotion of crime reduction and community safety schemes.

4.9 Freedom from Fear Campaign

There has been major activity in the retail sector to tackle assaults and abuse to shop workers, including the Union of Shop, Distributive and Allied Workers' (Usdaw) very successful Freedom From Fear campaign. Usdaw have enlisted the help of the British Retail Consortium and the Scottish Retail Consortium, retail employers, local authorities, police and the government to address this growing problem.

4.10 Europe

4.10.1 In July 2003 the International Labour Organisation (ILO) circulated a draft Code of Practice on Violence and Stress at Work in Services. The draft Code called for Member States to establish various approaches to tackle WRV, many of which are already underway in Britain. The draft Code was discussed at a meeting of experts in October 2003. In response to objections raised by the employers' representatives, the draft Code was reformed in a preventative framework and all references to stress were removed. The revised draft was agreed and approved by the ILO in November 2003, together with a recommendation to develop a separate ILO Code of Practice on work related stress in the services sector.

4.10.2 The European Commission's Preliminary Impact Assessment (PIA) on the Prevention
of Violence at Work indicates that an analysis of national legislation on WRV is proposed, as well as an analysis of the range of the problem in the EU and its incidence in terms of absenteeism and loss of productivity. The PIA identifies a number of policy options to tackle WRV - including development of hot lines, information campaigns and legislation.

4.10.3 In addition, the Commission's Legislative Work Programme for 2004 includes prevention of violence among the proposals which may undergo an extended impact assessment. With this in mind, it is likely that WRV will be included in the Luxembourg Advisory Committee's Action Programme during the next couple of years.

4.11 Recurring Issues

In our discussions with those we consulted the following issues kept recurring:

• there is a need to raise public awareness of the unacceptability of assaults on people at work around the theme of 'respect'
• lack of awareness of what the HSE is doing to address violence in the workplace and inaccessibility of HSE guidance material on this
• lack of any nationally accredited training for employers and employees on how to avoid WRV
• there is a need to inform children and young people from a very early age of the unacceptability of assaulting people at work
• for many reasons assaults are under reported, both to employers and to the police
• there is a perception, particularly among small businesses, that the police are not prepared to act on reports of violence in the workplace
• public sector employers should lead the way
• there is a perception that workplace assaults are not treated seriously by the courts
• there needs to be a national picture of the incidence of WRV, which is currently lacking
• this initiative by the Scottish Executive was generally welcomed with the proviso that if it is to have any impact it requires to be implemented on a long-term basis and properly resourced

Chapter 5 Raising Awareness

Recommendations

There should be a public awareness campaign on the unacceptability of assaults against workers on the theme of 'respect' from September 2004. The campaign should be refreshed annually

• in drawing up the campaign, there should be liaison with the antisocial behaviour unit on areas of common interest
• the campaign should work with Young Scot and Dialogue Youth in targeting young people
• the campaign should also consider the use of the 'Junior Executive' website in targeting young people
• employers might be targeted through articles in trade magazines
• employees might be targeted through trades union journals
• consideration should be given to remastering the 'Gonnae no Dae That' CD-ROMs for generic use

5.1 Background

5.1.1 In our early discussions with interested parties there was unanimous agreement that there is a need for a public awareness campaign on the unacceptability of assaulting people at work. There was also agreement that the campaign should focus on the theme of 'respect', mirror the recent 'Zero Tolerance' campaign on domestic violence and tie in with the proposed Scottish Executive Campaign around antisocial behaviour. We would recommend liaison with the antisocial behaviour unit in the development of the campaign, to which the Minister has already given his agreement in principle.

5.1.2 It was suggested that the campaign should target certain sectors of industry and commerce but following further discussions with interested parties it became clear that there would not be universal support for this as it was felt that concentrating on one sector might give the impression that the safety of the public was compromised in that sector. We, therefore, rejected this notion in favour of a generic campaign which would target the public at large, potential perpetrators, particularly young people, employers and workers themselves as many workers have come to accept that the risk of assault comes with the job. That in itself is unacceptable.

5.1.3 We envisage that the campaign should be refreshed annually and that the first campaign should be launched in September 2004 to coincide with shorter daylight hours and the run up to Bonfire Night which is a particularly dangerous period for WRV.

5.1.4 In order to get the message across the campaign might use a number of methods including poster advertising and television through the Scottish Media Group's 'Talking Scotland' slots which feature ordinary people talking about issues which concern them. The content of these slots can be directed by the Scottish Executive and videos of them made for use as training tools. We also envisage the use of radio through Scottish Radio Holdings 'Life Matters' slots which can diffuse targeted messages across all Scotland's local radio networks. Use could also be made of feature articles in the tabloids and local press.

5.1.5 Young Scot, which is part funded by the Scottish Executive, is a national youth information service. 'Dialogue Youth' is a joint project between Young Scot, CoSLA and the Scottish Executive which will over 2003/04 see every local authority across Scotland establish a new unit to bring together councils and other community planning agencies to work in partnership with young people to raise awareness in services to meet their local needs and aspirations. The development of the campaign should explore with Young Scot and Dialogue Youth what role they might play in any public awareness raising campaign.

5.1.6 In terms of targeting employers we think that this might be done through articles in trade magazines drawing their attention to the standards for the avoidance of WRV produced by the Employment National Training Organisation (ENTO) sponsored by the HSE. Consideration might also be given to encouraging bigger employers to become more involved in the communities they serve for example through participation in community projects. Full details of the ENTO standards can be found at www.ento.co.uk/standards/index.php?catalogue=wrv

5.1.7 The development of the campaign should consider articles for trades union journals as a method of communicating directly with workers at risk of assault.

5.1.8 We viewed CD-ROMs produced by NHSScotland as part of their 'Gonnae no Dae That' campaign as training tools for managers and employees in the Health Service. As part of the awareness raising campaign consideration should be given to remastering these for more generic use and distribution to small and medium-sized enterprises in this or written form and made accessible in minority ethnic languages. There may be other similar material available but at the time of writing we have not seen any.

Chapter 6 Common Badging

Recommendation

All public manifestations of the strategy should have a common badge which organisations wishing to be associated with the strategy can use

• The Scottish Executive's Media and Communications Group to consider what shape a common badge might take

6.1 Background

Several agencies and organisations are already putting much effort into reducing WRV, e.g. by the HSE which has statutory responsibility for health and safety issues, individual companies, trade associations and trades unions as well as by some further and higher education colleges and other profit making and non-profit making training organisations. However, there is little co-ordination and there appears to be a need to somehow draw all these endeavours together. We would suggest therefore, that those organisations we have met or contacted who wish to associate themselves with the Executive's strategy should be invited to apply to use a common badge provided their activities are compatible with the aims of the strategy and that the Scottish Executive's Media and Communications Group be asked to consider what shape a common badge might take.

Chapter 7 Communications

Recommendation

There should be a dedicated web page, possibly that used by Scotland's Health at Work (SHAW) to disseminate good practice in the workplace relating to training, reporting incidents and ensuring a working environment safe from the risk of attack. It would also be a signposting tool to existing initiatives ( see also Section 9)

7.1 Background

7.1.1 As an extension of raising awareness in the ways described above and as a tool for information sharing and dissemination of best practice, we recommend that there should be a dedicated web page which could be part of SHAW's website.

We envisage that the main purposes of this site would be to provide 'signposting' through links with other sites which provide information about health and safety law, standards in the prevention of WRV, training, criminal injuries compensation, etc.
As mentioned it would also be used to disseminate best practice on issues such as reporting violence to employers. We would also hope that the site could be used to download distance learning materials and as a means of telling people about progress in taking some other elements of the strategy forward.

7.1.2 This clearly has a lot of potential and we suggest that this recommendation be developed in collaboration with SHAW by the standing committee whose establishment we recommend below at Section 13.

Chapter 8 Incentivising Employers

Recommendations

The Scotland's Health at Work (SHAW) framework and awards scheme should be expanded to include a specific module of accreditation covering the promotion of good practice in the prevention of workplace violence

• Achievement of the prepared module would provide employers with a 'credit' towards obtaining a SHAW award
• the application of this module should be piloted over five health board areas in the first year and rolled out to cover the remaining 10 areas over the following 2 years
• the basis for any award should be existing accredited training schemes and the ENTO standards for managing WRV
• the scheme should be targeted mainly at small and medium-sized enterprises
• in developing an extension of its awards scheme to cover best practice in the prevention of WRV, SHAW should liaise with the Scottish Business Crime Centre

Consideration should be given to including sessions on the prevention of workplace violence in the formal training for Investors in People advisers

• Investors in People should be formally asked if they are prepared to include
  sessions on the prevention of workplace assaults in the formal training programme for their advisers
• the invitation to submit an article on the prevention of workplace assaults in the Investors in People bulletin should be followed up

Public sector employers and their contractors should lead the way in promulgating best practice in the prevention of WRV

8.1 Background

8.1.1 Under health and safety legislation employers have a statutory legal duty 'to ensure as far as is reasonably practicable, the health, safety and welfare of their employees'. This duty includes risks arising from physical or verbal violence at work. Many employers take this seriously, others less so. We were therefore of the view from the outset of this exercise that there should be a method of incentivising employers to take seriously the issue of assaults on their employees, perhaps through a scheme which rewards good practice in training and prevention. We were particularly keen to target small and medium-sized enterprises which are in the majority in Scotland. To that end we looked at what might be done through the Scotland's Health at Work (SHAW) framework and awards scheme and through Investors in People.

8.1.2 SHAW is a free, national award programme for employers, that seeks to improve the health of the country's workforce and reward businesses for taking steps that positively impact on the health of their workforce. Criteria for awards are set at three levels, bronze, silver and gold. Businesses must undertake a variety of activities involving their staff to achieve an award.

8.1.3 SHAW is funded through the Scottish Executive's Health Department. Awards ceremonies are regularly reported in the local press and trade journals. The scheme is organised in health board areas and its work is targeted mainly at small and medium-sized enterprises of which it has a good understanding and for which it could produce training materials. Consideration is currently being given to the creation of a single organisation that will bring together all Health Department funded workplace health initiatives. In these circumstances addressing violence at work would remain entirely appropriate.

8.1.4 Rolling out a module that progresses employers towards achievement of a SHAW award and which provided education, prevention and support over 15 health board areas would cost an estimated £450,000 to deliver. This would pay for development and delivery of a module accredited by SHAW and fund adviser posts, co-located within local authority environmental health teams, whose role would be to assist employers in meeting the standards required for achievement of the module.

8.1.5 In our view this should be piloted initially in five areas. In taking this forward it would make sense for the basis of any training and awards to be founded on the ENTO standards on managing WRV produced for the HSE and existing accredited training. Whilst the ENTO standards could be criticised for tending to favour reactive measures and/or reinforcing the role of the individual, they constitute the best of the limited range of standards that are available and we believe that compliance should be a starting point as a minimum benchmark for gaining an award. The HSE, STUC, the Federation of Small Businesses and CoSLA are currently represented on the SHAW Board.

8.1.6 It should be noted that the Scottish Business Crime Centre, a non-profit making organisation part funded by the Scottish Executive which has as its remit 'Reducing Business crime in Scotland to create a safe and secure trading environment ...' is also considering running an awards scheme to promote best practice in the prevention of business crime. This would be rather wider than what we propose here but we would suggest that if our recommendation with regard to SHAW is accepted, SHAW should liaise with the Scottish Business Crime Centre in developing its scheme to avoid duplication of effort.

8.1.7 We also contacted Investors in People to ascertain whether it would be possible for an element on prevention of workplace assaults to be included as one of the criteria for IiP status. We were informed that there were no standard criteria for IiP status but that standards were developed by a network of independent advisers and were based on the business plan of the applicant organisation concerned. Although the advisers work independently, they do have to attend a certain number of statutory training days. Unfortunately at time of writing one has just been held but IiP have indicated that they would be happy to publish an article on the prevention of workplace assaults in Quality Matters a regular update bulletin for their advisers. We recommend that this offer should be accepted with a view to workplace violence becoming a regular feature of the IiP's formal training process.

8.1.8 There is a perception, particularly amongst the trades unions such as the POA (Scotland), PCS and UNISON, that public sector employers and their contractors could do much more to prevent and reduce WRV on their employees. We think that if this strategy is to be successful then it is essential that public sector employers lead by example and that this should be monitored through the Best Value regime. Where public sector employers use contractors they will wish to ensure that the contractors conform to best practice in this area through contract compliance measures.

Chapter 9 Training and Education

Recommendations

Existing training courses and accreditation bodies as well as initiatives to identify good practice should be audited to ensure consistency in delivery and with a view to producing a directory of available training ( see also Section 7)

The possibility of training being offered as part of a SVQ or MBA should also be explored with the relevant Further Education, Higher Education Funding Councils and other relevant agencies through a Scottish Executive facilitated working group representing all key players

Training agencies and trades unions should be encouraged to include WRV in Health and Safety training as a priority

• partnership working between trades unions and employers on training in the prevention of WRV should be encouraged
• the standing committee ( see Section 13) should consider the establishment of a partnership pilot in an identified problem area to promulgate best practice which can be monitored to provide a model for rolling out more widely across all employment sectors in the future
• developing relevant courses to tackle WRV should be explored with, amongst others, the Scottish Centre for Occupational Safety and Health at Strathclyde University
• the current joint pilot training programme involving the small and medium-sized businesses in Scotland being carried out by the TUC should be monitored in partnership with trades unions and other key players to develop generic advice on combating WRV
• ACPOS should be kept involved in discussions around promotion of training and be made aware of the potential for an increase in demand for police training services

9.1 Background

9.1.1 Under current legislation it is clearly the employer's responsibility to provide training to staff on preventing attacks on workers.

9.1.2 However, while there is evidence that some employers do take the issue of violence against staff from the public seriously, these steps tend to be reactive rather than proactive and have usually been introduced after violence has become an issue that can no longer be ignored. Some measures concentrate more on protection rather than training which can be perceived as being costly and time consuming. For this initiative to be effective, training initiatives will require to be user friendly and not place too onerous a burden on employers particularly those in small and medium-sized businesses.

9.1.3 The training that is currently in operation around Scotland does appear to be of a reasonably high standard although different industries take different approaches and there is no clear policy in any sector that we are aware of that ensures all members of staff are trained in dealing with aggression as a matter of course. Neither does such training always include defusing violent situations or making changes to the workplace to eliminate the potential for them. Where training is provided this is usually limited to staff seen to be 'at the sharp end', new starts or those seen as being most at risk of assault.

9.1.4 Methods to raise awareness amongst staff on WRV and approaches to the problem vary in different sectors. Whilst each sector needs to some extent to issue training and guidance which is sector specific, there are many examples of good generic guidance which could be used more widely or given more precedence.

9.1.5 The implementation of WRV prevention policies in the workplace will depend largely on consultation and co-operation of the workforce. It is essential that all Health and Safety practitioners fully understand the relevant issues and it is therefore imperative that training on WRV is included in all Health and Safety training.

9.1.6 Local police forces currently run training programmes or will provide information for any community group or business and have in specific areas carried out such training on a sectoral basis both within the NHS and in particular workplaces. It should be noted that any media campaign and promotion of awareness on the unacceptability of assaults on workers might result in an increase in demand for such awareness training and police forces would need to be kept fully informed.

9.1.7 The HSC's proposed new programme of work until 2006 referred to at Section 4 of this document is an obvious starting point for recommending suitable training. While none of this duplicates our recommendations, it is clear that the Scottish Executive must work closely with the HSE in rolling them out. The HSE has invited the Executive to be represented on their steering group for phase II of its project and it seems clear that this invitation should be accepted. The wealth of information available through the HSE would ensure a consistent approach relating to best practice and further the aims of the Concordat between the Scottish Executive and the HSE.

9.1.8 Some examples of existing training initiatives are set out below:

• NHS Scotland - The 'Gonnae no Dae That' Campaign is set to run over the next
  3 years following a 3-year fact gathering project to determine sectoral best practice. This involves advertising in NHS premises and the promulgation of training videos for managers and staff. It is recommended that along with other examples similar training materials are developed for more generic use.
• Trades Unions - Individual trades unions have a wealth of guidance for members and some unions have partnership agreements which allow for training programmes to be carried out by them in the workplace.
• TUC 1 - The TUC provides a wide range of training on Health and Safety issues in which dealing with WRV for practitioners is included. TUC training is usually tailored to suit the specific sector or type of workplace and can be carried out in colleges, in the workplace or online. The benefit of TUC education for employers, particularly those in small to medium-sized businesses is that this is free of charge, can be tailored to be delivered in the workplace, is flexible and provides accreditation to students.

  The TUC is to commence a pilot training course which will include WRV across the retail and printing sectors. This is being facilitated through Stow College in partnership with the GPMU, Usdaw, the Scottish Retail Consortium, the TUC and the HSE. The majority of the funding for this project was drawn from the European Agency for Safety and Health at Work.

  The project has two main thrusts, these being Health in the Workplace and Women's Issues both of which will cover dealing with potentially aggressive situations and violence.

  Coincidentally, the pilot is being carried out in the way in which the Federation of Small Businesses have indicated they would prefer training to be delivered, i.e. toolkits which can be used in small sections both in the workplace or on a short training programme. A joint approach is being taken covering the training of managers and staff. It is recommended that this project should be monitored over its life span and subject to the projected successful outcome promoted to other sectors as an example of good practice.

• Partnership between trades unions like the TGWU and First Bus is another good example of collaborative working which supports employers, managers and employees and provides qualitative training in WRV. To encourage partnership working and maximise the resource available, trade magazines and union journals would be an advantageous method of attracting partnership working and promulgating examples of successes throughout different sectors.

9.1.9 The Steering Group was strongly of the opinion that the best way to drive forward a national strategy on WRV was to form a local partnership of employers, employees and enforcement and training agencies across the various sectors and schools in an identified problem area which would co-ordinate training and pilot methods in prevention of WRV.

9.1.10 This would provide information on successful best practice which could then be rolled out nationwide. It would also provide a basis for measuring progress in the future.

9.2 SVQs and MBAs

9.2.1 Scottish Ministers are precluded by legislation from directing funds to a particular course or institution; Higher Education Institutions (HEIs) are autonomous bodies. However, HEIs are conscious of market demand and the influence of employers' organisations, trade associations or trades unions may be central in encouraging provision of training in the prevention of WRV.

9.2.2 There was consensus amongst the Steering Group that it would be desirable for there to be a module or part module covering WRV in certain Vocational Qualifications courses and in MBAs. It is suggested that the proposed working group should explore with relevant organisations including the Scottish Qualifications Authority (SQA), the Association of MBA Providers, the Association of Further Education Colleges, the Scottish Business Crime Centre and the Scottish Centre for Occupational Safety and Health the possibility of an element relating to WRV being included in an appropriate SVQ and MBA course. It is recognised that to achieve this will require negotiation and development over the longer term.

Chapter 10 Children and Young People

Recommendations

The Scottish Executive should facilitate consideration with Learning and Teaching Scotland (LTS) of what might be done at school from an early age to inform children of the unacceptability of assaults on people at work through a working group at which all key players should be represented and through the development of appropriate guidance and educational materials

• relevant and existing guidance across the curriculum including available resources and relevant initiatives should be mapped out with a view to building on that if necessary and ensuring a consistent approach to learning about prevention of WRV
• there should be an analysis of what teachers' needs are in this area with a view to developing appropriate resources
• existing extra curricular citizenship initiatives should be explored to include elements around the unacceptability of WRV
• links between schools and specific sectors of work where there are identified problem areas should be established to introduce young people to the implications of WRV ( see also Section 9)
• in developing measures in this section the following should be taken into account: Heads Together; Better Behaviour, Better Learning; Determined to Succeed; Enterprise in Education; and measures to combat antisocial behaviour
• the role that Community Safety Committees might play in sensitising young people to the unacceptability of WRV should be explored
• Young Scot should be encouraged to participate in any awareness raising campaign and the production of any educational material

10.1 Background

10.1.1 Currently teachers are already doing much to promote social values but not in any planned or structured way. LTS would be keen to work with the Scottish Executive to draw together co-ordinated guidance which is clear about the target audience and the approach to be taken. Any approach involving young people themselves working and developing strategies would be warmly welcomed although it is clear from all consulted in the Education sector that developing another toolkit for teachers would not be viewed positively and would probably be ignored by teachers already coping with a burgeoning workload. LTS did suggest that there was a need to take stock of what is currently being taught around social values and citizenship and that there should be an analysis of teacher needs in this area.

10.1.2 All of those to whom we spoke during this consultation process were keen to point out that schools and individual teachers are concerned about the increasing demands placed upon them as a result of policies linked to social inclusion and alternatives to exclusion. To encourage teachers to participate fully in this initiative, it will be necessary to ensure that all strategies being implemented across the education sector are 'joined up', have an element of meaningful participation by staff, pupils and parents and resources which can be incorporated into the broader, mainstreamed approach on citizenship.

10.1.3 Current Scottish Executive and LTS initiatives covering education in schools mentioned in the recommendations are:

Learning and Teaching Scotland (LTS) - an adviser to the Scottish Executive and a non-departmental public body which provides support, resources and staff development for early years and school education, and promotes learning throughout life. They are the most likely source for producing guidance and educational materials for distribution to schools. In this way materials could be delivered to incorporate existing initiatives on the same theme in a manner that would encourage teachers to make use of them in the classroom.

Heads Together - LTS have developed Heads Together, an online community enabling headteachers to share best practice and to debate with policy makers in a confidential electronic environment.

The Better Behaviour, Better Learning Report launched by the Scottish Executive in 2001 contains advice for shools in participation and citizenship: People are more likely to understand the reasons for policies and procedures, and therefore genuinely subscribe to them, when they have been actively involved in determining them.

It goes on to make a commitment to partnership working: In order to develop shared values and understanding of the needs of children and young people, and to maximise the response to those needs, partnership working involving parents/carers, education, social work, health, voluntary agencies and other professions is essential.

Determined to Succeed, Enterprise in Education is a programme intended to give pupils the wide range of experiences needed to increase their self-confidence, to motivate and to provide them with an understanding of the world of work and the opportunities that are open to them.

10.1.4 Whilst schools will always be the main route to influence young people, Community Safety Programmes have in the past been successful once a problem area has been identified. Community Safety projects should be encouraged to identify problem areas and involve workers, school staff and pupils to determine the implications of work related abuse and how it can be resolved. Whilst community safety work is generally carried out by the police, there are opportunities for partnership work with businesses and trades unions ( see also Section 9).

10.1.5 There are also examples of schemes where employers like the First Bus company have developed a community based programme in association with Glasgow City Council, the Scottish Football Association, Sportsmatch and Strathclyde Police which aimed to promote football as a positive alternative to antisocial behaviour.

10.1.6 This has resulted in a significant impact on the level of crime in the area as well as major savings for the company. It is important, however, to stress that buses and coaches are still the safest form of transport and the industry would not be keen to support any scheme which suggested that this is not the case.

10.1.7 Young Scot already referred to in Section 5 exists to offer incentives, information and opportunities to young people aged 12 to 26 to help them make informed choices, play a part in community life, and make the most of their leisure and learning. Several respondents recommended Young Scot as a crucial element of any campaign focusing on the attitudes of young people in Scotland.

Chapter 11 Reporting and Processing Incidents

Recommendations

The Scottish Executive should facilitate the establishment of an appropriate forum in which concerns about the criminal justice system by those suffering from WRV or abuse can be aired, awareness of the criminal justice system and evidential requirements can be raised, and the issue of consistency in the reporting of incidents to the police can be addressed

Model guidance on the importance of the reporting of WRV to employers should be agreed and promulgated by the standing committee to encourage the development of consistent and accurate reporting of all instances of abuse

11.1 Background

11.1.1 There is a wide variance on the level of reporting, both in the workplace and to the police, throughout different sectors and workplaces. Some sectoral guidance does exist but often reporting procedures are laborious, time consuming and not considered to be worth the effort by those who have come to regard WRV as part of the job.

11.1.2 Some of those we consulted felt that either the police did not take such reports of crime seriously or, once the perpetrator had been charged, that they were not dealt with seriously enough. All of this evidence is anecdotal. However, the message was clearly one where the perception exists that some offences of abuse and vandalism are tolerated since when incidents are reported to the police:

• people do not believe that the case will be taken seriously enough
• the associated costs to employers in time off for employees to attend court are not worth it
• some elements of abuse are 'part of the job' and a necessary cost factor to employers
• reporting such offences will only add to the aggravation currently being experienced

11.1.3 Whilst the police and the Crown Office were able to provide clear evidence that such offences are taken seriously, there is still concern that the perception of those suffering WRV does not reflect this and much needs to be done to encourage reporting incidents to the police where appropriate and to raise awareness of the criminal justice process, including the type of evidence required to support prosecution.

11.1.4 Therefore, we suggest that ACPOS, the Crown Office and agencies representing workers should consider establishing a forum in which these concerns can be aired, awareness of the criminal justice system and evidential requirements can be raised and the issue of consistency in the reporting of incidents can be addressed. It should be noted that any drive to increase reporting of WRV to the police or employers may result in an apparent increase in WRV initially. For example, where rail companies have a policy of reporting all WRV to the British Transport Police, statistics show an increase in incidents.

11.1.5 The UNISON Trauma 2003 Survey already mentioned found that current reporting procedures within their members' workplaces are unreliable and risk assessment patchy.
To enable a consistent approach through which accurate statistics can be generated, it is suggested that a model reporting form be agreed by the standing committee to be circulated to key stakeholders and published on a website for easy access.

Chapter 12 Statistics

Recommendation

The Scottish Crime Survey should undertake a regular survey of the level of workplace violence and its cost to industry, commerce and the public sector the results of which should be published

• there should be a 'one-off' survey of employers and trades unions to harness information collected by them on WRV

12.1 Background

12.1.1 The Scottish Crime Survey already picks up on crimes experienced in the workplace but the sample size is too small to be of value.

12.1.2 At present evidence that assaults at work are increasing is anecdotal and there are no indices against which the success of any strategy to prevent and reduce WRV can be measured. Ministers will need to know once the strategy has been rolled out whether the measures being taken are properly targeted and having the desired effect. The public, employers and employees also need reassurance that the incidence of assaults in the workplace is falling. For these reasons we recommend that the Scottish Crime Survey sample be considerably increased, that the position with regard to assaults at work be surveyed on a regular basis and that the results should be published.

12.1.3 We are aware that some of the larger employers and trades unions collect their own statistical data on assaults on workers. It would be useful if there could be a 'one-off' survey to harness what information exists in order to provide a basis for future regular surveys. This survey might be conducted through employers' organisations and the STUC.

12.1.4 The HSE have published a useful tool to calculate the costs of injuries at work which would not only assist in assessing the cost to individual businesses and workplaces but help to generate a national figure. The Incident Cost Calculator is available on the HSE website at www.hse.gov.uk/pubns/indg355f.pdf

Chapter 13 Monitoring and Evaluation

Recommendations

The effectiveness of measures rolled out through this project to prevent workplace violence should be regularly monitored

• the effect of the measures rolled out under the strategy should be monitored and evaluated on an annual basis to inform the Scottish Executive whether changes need to be made to make the strategy more effective

All initiatives to be fully rolled out over 3 years and overseen by a standing committee to be facilitated jointly by the Scottish Executive, the Scotland Office and the Health and Safety Executive and made up of representatives of all the key players. The committee would report progress to the Minister annually

• as one of its functions, the proposed standing committee should devise a series of performance indicators against which any monitoring should take place

The annual monitoring and evaluation exercise should be undertaken by an independent consultant and the proposed standing committee should act as a steering group in that regard as well as monitoring and evaluating any pilot ( see also Section 9)

13.1 Background

13.1.1 It is envisaged that the measures taken under the proposed strategy should be rolled out over a 3-year period and continued thereafter. Ministers will wish to be assured that these measures are having the desired effect, that they are properly targeted and that they are achieving value for money.

13.1.2 Involving all players in the development of the recommendations in this report has been a very worthwhile exercise. It is important that they continue to be involved in rolling the strategy out. For that reason we suggest that there should be a standing committee to oversee progress on the introduction of the various strands of the strategy, the work of the various working groups and to make suggestions for change if it is clear that something is not working. In view of the HSE's interest in the prevention of WRV and as the Scotland Office represents Scotland's interests at Westminster we recommend that the standing committee should be jointly facilitated by these departments.

13.1.3 Information from an expanded Scottish Crime Survey will provide some indicators on the effectiveness of measures being taken through the strategy but that will be insufficient to provide a detailed picture of the effectiveness of the strategy. We recommend that the proposed standing committee should have as one of its tasks to devise a series of performance indicators against which progress can be tracked. We also recommend that monitoring and evaluation should be carried out annually by an independent consultant who can provide a completely objective view of the position.

Chapter 14 Costs

14.1 We have not made any recommendations with regard to the costs of introducing the proposed strategy but it is clear that some financial provision will have to be made if our recommendations are agreed and to be brought into effect. We have, however, attempted to illustrate below how much these costs might be, though these figures should be treated with a large degree of caution.

14.2 Bids for public awareness campaigns have to be made annually and the level of bid for 2004/05 in that respect was suggested by the Executive's Media and Communications Group. We have suggested a similar amount for forward years.

14.3 The figure for the development of the SHAW awards scheme was suggested by the SHAW National Programme Manager in the course of the meeting we had with her. The figure in relation to school education was suggested by ETLLD.

14.4 Other figures in the table are essentially 'guesstimates', based on the experience of the authors. Like the other estimates we have given, they will require further exploration as this work is taken forward.

Chapter 15 Summary of Recommendations

Raising Awareness

There should be a public awareness campaign on the unacceptability of assaults against workers based on the theme of "respect" from September 2004. The campaign should be refreshed annually.

Common Badging

All public manifestations of the strategy should have a common badge which organisations wishing to be associated with the strategy can use.

Communications

There should be a dedicated web page, possibly that used by Scotland's Health at Work (SHAW) to disseminate good practice in the workplace relating to training, reporting incidents and ensuring a working environment safe from the risk of attack. It would also be a signposting tool to existing initiatives.

Incentivising Employers

The Scotland's Health at Work (SHAW) framework and awards scheme should be expanded to include a specific module of accreditation covering the promotion of good practice in the prevention of workplace violence.

Consideration should be given to including sessions on the prevention of workplace violence in the formal training for Investors in People advisers.

Public Sector employers and their contractors should lead the way in promulgating best practice in the prevention of WRV.

Training and Education

Existing training courses and accreditation bodies as well as initiatives to identify good practice should be audited to ensure consistency in delivery and with a view to producing a directory of available training.

The possibility of training being offered as part of a SVQ or MBA should also be explored with the relevant Further Education and Higher Education Funding Councils through a Scottish Executive facilitated working group representing all key players.

Training agencies and trades unions should be encouraged to include WRV in Health and Safety training as a priority.

Children and Young People

The Scottish Executive should facilitate consideration with Learning and Teaching Scotland (LTS) of what might be done at school from an early age to inform children of the unacceptability of assaults on people at work through a working group at which all key players should be represented and through the development of appropriate guidance and educational materials.

Reporting and Processing Incidents

The Scottish Executive should facilitate the establishment of an appropriate forum in which concerns about the criminal justice system by those suffering from WRV or abuse can be aired, awareness of the criminal justice system and evidential requirements can be raised, and the issue of consistency in the reporting of incidents to the police can be addressed.

Model guidance on the importance of the reporting of WRV to employers should be agreed and promulgated by the standing committee to encourage the development of consistent and accurate reporting of all instances of abuse.

Statistics

The Scottish Crime Survey should undertake a regular survey of the level of workplace violence and its cost to industry, commerce and the public sector, the results of which should be published.

Monitoring and Evaluation

The effectiveness of measures rolled out through this project to prevent workplace violence should be regularly monitored.

All initiatives to be fully rolled out over 3 years and overseen by a standing committee to be facilitated jointly by the Scottish Executive, the Scotland Office and the Health and Safety Executive and made up of representatives of all the key players. The committee would report progress to the Minister annually.

The annual monitoring and evaluation exercise should be undertaken by an independent consultant and the proposed standing committee should act as a steering group in that regard as well as monitoring and evaluating any pilot.

March 2004

Annex A List of Participants

Steering Group Members

Other Contacts

Annex B UNISON Trauma 2003 Recommendations

Recommendations

Given the evidence in this report it would miss the point to conclude with a list of recommended steps for employers in each and every service sector. Lack of information on protective measures is not the issue.

Good health and safety is not a checklist, it is an ongoing process within which risk is observed, assessed and tackled. The problem identified by this report is a systemic problem.

• Levels of violence are high.
• People have become accustomed to an atmosphere of aggression and violence.
• Fear is a common element of life in the public services.
• Reporting is unreliable and risk assessment is patchy.
• The response to risk is unclear and training is uncommon.

The specific use of CCTV, alarms, mobiles, self-defence, etc. will only become apparent once the management of health and safety improves. Solutions will vary from workplace to workplace, but the common need across the country appears to be the acceptance that violence can be effectively managed as a health and safety issue.

UNISON therefore recommends:

• A national initiative across the public sector with the aim of achieving a step change in the quality of health and safety management.
• A clear government message to employers and staff that the personal safety of employees is paramount and overrides other factors such as efficiency, the needs of the service, or indeed the needs of the client.
• Key indicators should be identified to enable better government monitoring of compliance with the EU Directive on the management of health and safety.
• In addition to data on assaults, we need data on the extent to which risk assessments, personal safety policies, training and related measures are being used to get to grips with violence against staff.
• In the auditing and monitoring of safety management in Scotland, closer links need to be built between the police, the Health and Safety Executive and public service employers.
• There must a national review on the use, and implications, of the practice of lone working right across the public sector.
• Public sector staff are demoralised when known offenders are not prosecuted effectively. The criminal justice system must offer better protection to staff in the Scottish public services.
• And, most importantly, every service user in every school, hospital, college, housing office or other public premises must be left in no doubt -

Public service staff will not work in fear of violent attack and offenders will be reported to the police.

1 It is not always apparent that the TUC and the STUC are in fact separate organisations.
Through mutual consent the TUC provide education for union members and officials in Scotland.