United States: Violence Strikes The Workplace

When the Centers of Disease Control label workplace violence a "National Epidemic", American businesses should take note. No employer, whether large or small, is immune from the dangers of violence in the office, factory or warehouse. Danger lurks everywhere: disputes between current employees; disgruntled ex-employees coming back to seek revenge; dangerous strangers from outside the business organization; violent customers, suppliers and the general public. U.S. employers must accept the fact that the problems of modern society have finally taken their toll.

The statistics are confusing and conflicting. Estimates run anywhere from 111,000 violent incidents per year (National Safe Workplace Institute) to nearly 1,000,000 incidents (United States Department of Justice study). Exact numbers are impossible to determine since it is estimated that more than one half of the incidents are not reported to the police.

While no one really knows the exact causes of the documented increase in workplace violence, theories include: the general increased level of violence in society; a legal system that fails to deter crime; a cultural system that fails to promote orderly behavior; and mass media which glamourizes violence. Looking at the amount of coverage which the Mendoza and Simpson trials have consumed certainly points out the truth of the excessive level of mass media attention.

The variety of factual circumstances continues to expand:

• A teen-aged worker in a nursing home rapes a co-worker after being employed only three weeks;
• A postal worker is slain by a colleague upset at not receiving a promotion;
• A taxi passenger is attacked by a cab driver for failing to pay a "fair" fare;
• A receptionist at a law firm is gunned down at her desk by an ex-boyfriend.

The list goes on and on.

Some estimates place the costs of violence in the workforce at $4.2 billion dollars a year with $55 million dollars in lost wages alone. Loss of employment productivity is a major factor. Increased health and disability insurance expenses is another. Employee absence and turnover contributes to the problems. Finally, legal liability for the acts of the employees or the injuries to the employees should catch the attention of every "bean counter" in business today.

The federal Occupational Safety and Health Act (OSHA) requires, under the "general duty" clause, that employees be provided a safe and healthy workplace free from hazards likely to cause harm or death. Some states and cities also have similar laws that protect individuals against a hazardous work environment.

Lawsuits for injuries caused by employees can leave the employer " on the hook" under the Common Law tort theories of Negligent Hire and Negligent Retention. Under these theories, the employer has a duty to exercise reasonable care when hiring and retaining employees. If the employer knows or has reason to know that an employee is dangerous, the employer had an obligation to remove that employee from contact with other employees or the public. Jury trials for these claims can be especially troublesome for employers-with verdicts including compensatory damages for pain and suffering and punitive damages without a cap on the amount.

Injuries to employees can result in increased insurance premiums for workers’ compensation, disability insurance and related expenses.

In response, some employers have tried to test their applicants and current employees to determine whether or not they have a "propensity" to inflict harm on themselves or others. But testing, itself, has many pitfalls. Prospective current employees and employees may sue for defamation of character, infliction of emotional distress or invasion of privacy claims. In addition, individuals with mental disabilities may be able to argue disability discrimination under the Americans With Disabilities Act and related state laws.

Like any other kind of psychological test, the ability of the test to accurately predict whether or not an individual will be violent in the future is always in question. The standard statistical factors used to predict crime in general include past violence, age, race, sex, social economic status, substance abuse, IQ scores, educational level and employment stability.

However, the characteristics of workplace violence seem to be different. Most perpetrators are male, in their thirties and forties, white, and with no history of violence. The lack of scientific studies, the absence of proof that the current tests "work", and the failure of the medical community to agree on uniform standards, means employers will continue to rely upon their "gut" reaction as opposed to scientific data.

While the issue is too complex for a simple set of rules, the following suggestions may assist employers to reduce liability and curtail workplace violence.

1. Establish a policy. The written policy should set forth the company’s position forbidding workplace violence. The policy should become part of the Employee Handbook and made known to employees at all levels.

As part of the program, the employer should strictly enforce all rules on workplace behavior so that employees know that disciplinary consequences will result from any violent conduct, up to the including discharge.

A formal investigation and resolution system should be part of the policy. Employees should know that claims of workplace violence will be promptly investigated and effectively remedied. No employee should feel uncomfortable while working.

2. Prevent Negligent Hiring. Steps to reduce negligent hiring lawsuits include carefully screening all applicants to assure their appropriateness for the position. Special attention must be given to information placed on the application form. A substantial interview should be given.

Written waivers for police/background/reference checks should be obtained from all prospective employees.

Police/background/reference checks should be completed. Whenever possible, credit reports and other information should be obtained before a job offer is made.

3. Prevent Negligent Retention. All employees’ performance should be evaluated periodically, especially when job duties change. All demotions, discharges and discipline should be monitored to determine if any violent tendencies have been exhibited. Exit interviews are a must. It is management’s job to prevent incidents, not just respond to them.

4. Education and Counseling. Safety awareness training must be provided to all employees so that individuals know what conduct is acceptable in the workplace. Employees should know what steps they can take if they have been subjected to workplace violence. Employees with conduct problems should be able to take advantage of the Employee Assistance Program, if any. Counseling to the victim and the assailant should be made available immediately. Training for employees on how to deal with a violent incident is just as important as removing the assailant. As in any other aspect of employee relations, the more attention received by the employees, the more positive an image the employees will have of the employer.

5. Physical Security. The workplace should be secured as appropriate for the type and nature of business. Video surveillance, guards, extra lighting and "panic" boxes, may all be appropriate, depending upon the facility. Scheduling of employees so that no one is left working alone on any shift, escorts to remote parking lots, and, if necessary to home, should also be a routine practice. Minimizing access to the workplace by outsiders, including the use of identification badges, electronic keys, etc., often can give a sense of security to the employees.

The employer’s goal is to prevent workplace violence.

Now is the time for action. It is up to every business to provide a safe workplace.

A sample policy follows:

Number:__________ Date:___________

Subject: WORKPLACE VIOLENCE (Critical Incidents/Threat Management)

Approved:

_________________________

President/CEO

_________________________

Human Resources

In striving to maintain a safe workplace, prohibits violence or threats of violence in the workplace. Violence includes physical altercations, fights, the use of firearms, explosives and other weapons, and any other conduct which may cause injury or damage. Threats of violence include acts of physical aggression or any statements that are perceived as expressing an intent to cause harm to an employee or to the Company. Threats can be direct statements or acts, as well as more subtle conduct, such as intimidating remarks, gestures, "stalking" or other menacing behavior.

All potentially dangerous situations, including threats by co-workers of any type, are to be reported to the Senior On-Site Manager or to the Human Resources Department. All reports will be promptly investigated. Employees will not be subject to retaliation, intimidation, or discipline as a result of reporting an incident in good faith.

If the investigation confirms that a threat of violence or a violent act has occurred, the Company will take appropriate action.

Confrontation threats while at work should be dealt with in the following manner:

1. The Department Supervisor and Human Resources Manager will immediately meet with the individual(s) involved.
2. Depending on the seriousness of the threats, actions may include suspension (to allow time for gathering additional facts), written warning, or termination.
3. If suspension or termination results, the individual is to be escorted off Company premises.

Any communication with the press or other news media will be handled solely by NutraMax’s President/CEO.

The Senior On-Site Manager is responsible for determining if the building is to be evacuated as per the Emergency Evacuation Policy No.

Human Resources is responsible for maintaining a detailed log of events so that a final report can be completed.

Will take legal action with regard to any acts of violence that result in laws being broken, either in terms of injury to employees or in terms of damage to Company property.

If an employee is the source of a threat, appropriate disciplinary action will be taken.

Policies are subject to change at any time and are set forth only for the purpose of providing employees with notice of such policies. They do not constitute a contract of employment nor a guarantee of continued employment.