Workplace Violence
by Kraig J. Marton, Esq. and Nikki Wilk, Law Clerk
Since the murder of a Yale Graduate student, workplace violence
has become a predominate topic in the news. Investigators, from the
beginning, have maintained that the murder of Annie Le was an
instance of workplace violence, asserting such claims as though to
relieve the anxiety of students, faculty, and media. However,
workplace violence is one of the leading causes of job related
deaths and the fastest growing category of murder in the United
States. [1] In light of recent
events, now is a good time to review your workplace violence
policies and practices.
What is Workplace Violence?
Before a proper workplace violence policy can be enacted
employers and employees alike must understand what constitutes
workplace violence. Workplace violence is any violence or threat of
violence against workers. [2]
It does not necessarily need to occur at a person's place of work
for it to be considered workplace violence. [3] It can be any act of physical violence,
threats of violence, harassment, or other disruptive behaviors. [4] While all workers are at
risk, a few particular professions are at an increased risk of
violence. These professions include "workers who exchange money
with the public; deliver passengers, goods, or services; or work
alone or in small groups, during late night or early morning hours,
in high-crime areas, or in community settings and homes where they
have extensive contact with the public." [5]
Workplace violence can be triggered by a number of different
actions and is often difficult to predict. It costs employers
millions of dollars and contributes to millions of lost days of
work a year. [6] Aside from
practical and financial reasons employers have a legal duty under
the negligent retention doctrine to respond to employee's notice of
threats and harassment. [7]
Therefore, it is imperative that employers address the problem. One
of the best ways to address the problem is to adopt a workplace
violence policy within your company.
Adopting a Workplace Violence Policy:
The best policy against workplace violence is prevention. Many
companies now employ workplace violence prevention plans in a hope
to anticipate and reduce violence. Employers should establish a
zero-tolerance policy toward workplace violence.
A prevention plan should set forth clear procedures for
reporting incidents of violence. [8] A realistic chain of command should be
established. [9] For instance,
first reporting should be to a direct supervisor who can assess the
threat and proceed up the chain as the situation warrants.
Depending on the threat, departments such as human resources,
legal, and security should be kept abreast of the situation. Under
extreme circumstance local law enforcement should also be
contacted.
An employer should also provide training. Training can help
prevent violence as well as show employees ways to neutralize
situations that could lead to violence. [10] Training can be especially important in
high risk professions as well as for employees who regularly deal
with layoffs and terminations. [11]
It is also essential that employers inform the employees of the
policies. [12] This can
easily be done by incorporating the policy into employee handbooks
or standard operating procedure manuals. [13] However, implementing a policy is just
the first step for employers to protect themselves and employees
from workplace violence.
Steps to Protect Employer and Employees:
An employer should establish effective pre-employment screening
to protect themselves and employees. They should conduct background
checks, call references, and drug test if appropriate. [14] Under the Occupational
Safety and Health Act ("OSHA") an employer may be liable for
employee violence if he "knows, or should have known, of certain
characteristics of an individual and hires the person or retains
him or her in employment anyway." [15] Therefore, the employer has a duty to
properly screen job applicants.
A company should also maintain proper security in the workplace.
Employing photo badges, key cards, and guards are simple ways to
maintain a safe workplace. [16] The amount of security necessary will
depend on the nature of the company and the work done therein. [17]
Also, OSHA recommends steps that every employer should take to
protect themselves and employees from workplace violence:
- Learn how to recognize, avoid, or diffuse potentially violent
situations by attending personal safety training programs.
- Alert supervisors to any concerns about safety or security and
report all incidents immediately in writing.
- Avoid traveling alone into unfamiliar locations or situations
whenever possible.
- Carry only minimal money and required identification into
community settings. [18]
If the incident has already occurred OSHA recommends:
- Encourage employees to report and log all incidents and threats
of workplace violence.
- Provide prompt medical evaluation and treatment after the
incident.
- Report violent incidents to the local police promptly.
- Inform victims of their legal right to prosecute
perpetrators.
- Discuss the circumstances of the incident with staff members.
Encourage employees to share information about ways to avoid
similar situations in the future.
- Offer stress debriefing sessions and post-traumatic counseling
services to help workers recover from a violent incident.
- Investigate all violent incidents and threats, monitor trends
in violent incidents by type or circumstance, and institute
corrective actions.
- Discuss changes in the program during regular employee
meetings. [19]
While total prevention may not be attainable there are many
steps that employers can enact to reduce violence and employer
liability. [20] Employers
must be cognizant of threats within their company and must take
immediate and adequate action against such threats. A safe and
secure work environment benefits employers and employees alike.
[1] From an Article on Workplace
Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[2] From an Article on Workplace
Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[3] From an Article on Workplace
Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[4] http://www.usda.gov/news/pubs/violence/wpv.htm
[5] From an Article on Workplace
Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[6] From an Article on Workplace
Violence appearing at: http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch
[7] From an Article on Workplace
Violence appearing at: http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch
[8] From an Article on Workplace
Violence appearing at: http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch
[9] From an Article on Workplace
Violence appearing at:
http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch.
[10] From an Article on
Workplace Violence appearing at:
http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch.
[11] From an Article on
Workplace Violence appearing at:
http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch.
[12] From an Article on
Workplace Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf.
[13] From an Article on
Workplace Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[14] http://www.usda.gov/news/pubs/violence/wpv.htm.
[15] 29 U.S.C. ยง 651 et al.
OSHA was enacted in 1970 by Congress to assure safe and healthful
working conditions in the United States. The Act applies to
workplaces in all States and territories of the United States. A
violation of the Act can lead to civil penalties and prison
time.
[16] http://www.usda.gov/news/pubs/violence/wpv.htm
[17] http://www.usda.gov/news/pubs/violence/wpv.htm.
[18] From an Article on
Workplace Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[19] From an Article on
Workplace Violence appearing at:
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
[20] From an Article on
Workplace Violence appearing at:
http://ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentAction=ViewProperties&DocumentID=32374&UrlToReturn=http%3a%2f%2fncvc.org%2fncvc%2fmain.aspx%3fdbName%3dAdvancedSearch
http://www.osha.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf