Workplace violence

Scope

Workplace violence can impact employees, supervisors, security staff, customers, vendors, as well as family members and friends of the victims.

Regulatory citations

• None

Key definitions

• Workplace violence: The threat of violence against employees, customers, or vendors. It can occur at or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide, one of the leading causes of job-related deaths.

Summary of requirements

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:

• Provide safety education for employees so they know what conduct is not acceptable, what to do if they witness or are subjected to workplace violence, and how to protect themselves.
• Secure the workplace and, where appropriate, add video surveillance, extra lighting, and alarm systems. Minimize access by outsiders through ID badges, electronic keys, and guards.
• Provide drop safes to limit the amount of cash on hand. Keep the minimum amount of cash necessary on hand.
• Equip field staff with cell phones and hand-held alarms, and require them to prepare a daily work plan and keep a contact person informed of their location throughout the day. Keep employer-provided vehicles properly maintained.
• Instruct employees not to enter any location where they feel unsafe. Introduce a “buddy system” or provide an escort or police assistance in potentially dangerous situations or at night.
• Develop policies and procedures covering visits by home healthcare providers. Address the conduct of home visits, the presence of others in the home during visits, and the worker’s right to refuse to provide services in a clearly hazardous situation.
• Take threats seriously and involve the police where there is a threat of bodily harm. If someone is to conclude that the threat is genuine, let it be the proper authorities.

Training. All employees, regardless of their level of risk, should be taught:

• Techniques for recognizing the potential for violence;
• Procedures, policies, and work environment arrangements which control risks to workers;
• Proper use of security hardware;
• The appropriate response to incidents of violence, including emergency situations;
• How to obtain medical assistance and follow-up;
• Procedures for reporting, investigating, and documenting incidents of violence;
• The rules for travel safety; and
• Cash handling procedures.

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:

• Be trained to recognize a potentially hazardous situation or to make any necessary changes in the physical plant and to implement policy and procedures.
• Be trained to ensure that employees are not placed in assignments that compromise safety and in methods and procedures which will reduce the security hazards. They need to ensure that employees follow safe work practices and receive appropriate training to enable them to do this.
• Reinforce the employer’s workplace prevention program, promote safety and security, and ensure employees receive additional training as the need arises.

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:

• 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 or threats of bodily harm to the local police.
• Inform victims of their legal right to prosecute perpetrators.
• Discuss the circumstances of the incident with staff members. Encourage employees to share information about how to avoid similar situations in the future.
• Offer stress and post-traumatic counseling services to employees who have experienced a violent incident.
• Investigate all violent incidents and threats, and monitor trends in violent incidents by type or circumstance. Institute corrective actions, up to and including discharge.
• Discuss changes in the workplace violence prevention program during regular employee meetings.

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.