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However it manifests itself, workplace violence is a growing concern for employers and employees nationwide. It can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.
Workplace violence can impact employees, supervisors, security staff, customers, vendors, as well as family members and friends of the victims.
OSHA’s position. Although there is no specific Federal Occupational Safety and Health Administration (OSHA) standard which addresses workplace violence, the OSH Act, in Section 5(a)(1), provides that “each employer shall furnish to each of its employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” In a workplace where the risk of violence and serious personal injury is significant enough to be “recognized hazards,” the general duty clause would require the employer to take feasible steps to minimize those risks. Failure of an employer to implement feasible means of abatement of these hazards could result in the finding of an OSH Act violation.
Negligent hiring/ Retention. Employers may be liable for actions an employee takes at work if it can be shown that the employer was negligent in hiring or retaining that employee. Employers should take seriously threats and harassment that occur within the workplace and adequately respond to employees’ complaints and warnings about potentially dangerous employees. Background checks may reduce the likelihood of hiring violent employees and reduce the company’s exposure. A background check may help demonstrate that the employer did not act negligently if the check provided no reason for concern.
Who is vulnerable? Workplace violence can strike anywhere, and no workplace or worker is immune. Some two million American workers are victims of workplace violence each year. Homicide is the second leading cause of death on the job, second only to motor vehicle crashes. Homicide is the leading cause of workplace death among females and workers under 18 years of age. Men are at three times higher risk of becoming victims of workplace homicide than women. The majority of workplace homicides are robbery-related crimes (71 percent) with only nine percent committed by coworkers or former coworkers.
Risk factors. Factors that place workers at risk for violence in the workplace include interacting with the public, exchanging money, delivering services or goods, working late at night or during early morning hours, working alone, guarding goods or property, and dealing with violent people or volatile situations.
This group includes healthcare and social service workers such as visiting nurses, psychiatric evaluators, and probation officers; community workers such as gas and water utility employees, phone and cable TV installers, and letter carriers; retail workers; and taxi drivers.
What can employers do to help protect employees? The employer should establish a workplace violence prevention program or incorporate the information into an existing accident prevention program, employee handbook, or manual of standard operating procedures. It is critical to ensure that all employees know the policy and understand that all claims of workplace violence will be investigated and remedied promptly.
In addition, employers can:
Training. All employees, regardless of their level of risk, should be taught:
Workers with job tasks or locations that place them at higher risk for violent incidents should be provided additional training designed to deal with the nature of the specific risk.
Managers and supervisors should:
Security personnel need to be trained whenever possible for the specific job, facility layout, security hardware on premises and particular high-risk jobs.
Following an incidence of workplace violence, employers should:
Post-employment inquiries about violent employees. Although most employers are reluctant to provide information about former employees to prospective employers, an exception should be considered where the employee engaged in violent behavior and there is a risk that they may do so at the new employer. In some states and circumstances, the company may even be liable if it is asked and fails to notify the prospective employer of known violent acts. Of course, you must be sure that the information reported is accurate to avoid liability for defamation.