Focus on Workplace Violence
Attention to the issue of workplace violence has grown in recent years. What we know today is that no employer is immune from workplace violence and no employer can totally prevent it. However, as employers and workers become more aware of situations and signals that precipitate workplace violence, they are better prepared to respond to a crisis and prevent one in the first instance.
What is Workplace Violence?
Federal OSHA defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” Workplace violence is commonly divided into four broad categories:
- An offense by a stranger to the employer or its employees
- An offense by a customer or client of the employer
- An offense by an employee or former employee of the employer
- An offense by an individual who has a personal relationship with an employee who is the intended victim (such as domestic violence)
Who is at Risk?
Federal OSHA reports nearly 2 million American workers are victims of workplace violence each year. Most workplace-related assaults occur in the healthcare and social service settings, late-night retail, taxi driving and law enforcement occupations. Workplace homicides are highest in the retail industry, protective services, and transportation industries. Perpetrators are typically customers, clients or strangers to the workplace. However, the majority of incidents that employees and managers have to deal with on a daily basis are lesser cases of assaults, domestic violence, stalking, threats, harassment (including sexual harassment), and physical and/or emotional abuse by someone connected to the employer or an employee.
How can Workplace Violence Hazards be Reduced?
Currently, OSHA does not have specific standards for workplace violence. Instead, an employer’s responsibility for workplace violence prevention comes from the Occupational Safety and Health Act’s (OSH Act) General Duty Clause. The General Duty Clause requires employers to provide their employees with a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” The OSH Act applies to employers either directly through federal OSHA or through an OSHA-approved state program.
OSHA offers guidance and recommendations for managing the potential for workplace violence in the most-at-risk industries. OSHA also updated its directive to inspecting officers regarding workplace violence enforcement procedures for all industries. The directive explains the criteria necessary to support a violation of the General Duty Clause:
- The employer failed to keep the workplace free from a hazard that employees were exposed to;
- The hazard was recognized;
- The hazard was likely to cause death or serious physical harm; and
- There was a feasible and economically viable way to correct the hazard.
An employer that has experienced acts of workplace violence, or becomes aware of threats, intimidation, or other indicators showing that the potential for violence in the workplace exists, is required to take steps to minimize the risks. OSHA recommends developing a well written and practiced workplace violence prevention program and establishing engineering controls, administrative controls, and a comprehensive training program. Measures include:
- Establishing a zero-tolerance policy toward workplace violence and requiring workers to report all threats or assaults
- Providing training in recognizing and responding to hostile and assaultive behavior
- Developing emergency produces for workers to follow in the event of an incident
- Providing adequate staffing and using a buddy system
- Using security devices, such as employee badges, card-key access systems and metal detectors
- Providing better visibility, good lighting, and silent or coded alarm systems
- Encouraging car pools and providing security escorts
- Developing defensive routines, such facility surveillance and door checks
Managing the Aftermath
In the aftermath of a violent incident, response procedures should ensure that management is informed, the incident is properly investigated, workers receive the appropriate attention and, in the event of injury, injured workers receive prompt medical treatment. An employer should be prepared to offer victims of workplace violence crisis counseling, referral to employee assistance programs and support groups, and job accommodations if necessary. No employee should be retaliated against for reporting a workplace violence risk or injury.