How to protect staff from unwanted visitors at the office
A salesperson who won't take no for an answer, an upset customer who walks past reception, or a staff member's ex-partner waiting in the car park. Unwanted visitors are a health and safety risk, and employers have a legal duty to manage it.
If you're the one on the front desk, that duty sits with your employer, not with you. You also have a say, because the law requires employers to involve workers when they work out the risks.
Under section 36 of the Health and Safety at Work Act 2015, a business must ensure, so far as is reasonably practicable, the health and safety of its workers while they're at work. Where a risk can't be eliminated, it must be minimised.
WorkSafe's guidance on violence in customer service areas says threats can come from clients, co-workers, or even a worker's family members or acquaintances. It says any threatening behaviour should be taken seriously. Its psychosocial risk guidelines add that dealing with violent customers is one risk some roles can't eliminate, so the focus moves to minimising harm.
Controls that work at the front door
WorkSafe's fact sheet lists practical controls, including a separate reception area, controlled door access, locked back doors, duress alarms and CCTV with warning signs. It also suggests procedures for recording and investigating incidents, warning and trespassing people, and calling Police.
Staff should know what to do if a visit turns dangerous. WorkSafe's emergency planning advice is to avoid confronting an attacker, get to a safe place by an evacuation route and call for help, with regular drills to test the plan.
If you share a building, WorkSafe says you must consult, cooperate and coordinate with the other businesses there. Cost only counts as a reason not to act when it's grossly disproportionate to the risk.
Asking someone to leave, and keeping them away
Under the Trespass Act 1980, a person who refuses to leave after the occupier warns them to commits an offence. The Act's definition of occupier includes an employee acting with the business's authority, so a manager or receptionist can give the warning.
If you expect someone to come back, you can warn them to stay off the premises. NZ Police says the warning doesn't have to be in writing, though a signed copy helps if Police are called.
Under current law a trespass warning lasts two years. The Trespass (Specified Retail Premises and Other Matters) Amendment Bill, which is awaiting its second reading, would allow warnings of up to three years.
Someone who watches or loiters near a workplace to frighten or intimidate a worker may also be committing an offence under section 21 of the Summary Offences Act 1981.
When the visitor is a staff member's ex-partner
If an ex-partner or family member is turning up at your work, tell your manager or HR.
Employment New Zealand says employees with six months' continuous service can take up to 10 days' paid family violence leave and ask for short-term flexible work for up to two months. It says employers must take steps to help the employee be safe, and gives a trespass notice against a stalker as an example. Employers must also protect the employee's personal information.
The Privacy Act 2020 limits when personal information can be passed on, with an exception where disclosure is necessary to prevent or lessen a serious threat.