Workplace violence or occupational violence refers to violence, usually in the form of physical abuse or threat, that creates a risk to the health and safety of an employee or multiple employees.
The following article outlines the scope of potential workplace violence plus procedures and policies you can put into place to decrease the likelihood of it happening at your company.
First its important to recognize that potential workplace violence can also include domestic violence, which may be devastating on both management and employees. The SHRM Workplace Violence Survey published in 2012 found 36% of companies reported incidents of workplace violence.
Many employers have addressed these threats by installing security-monitoring systems, zero-tolerance policies, training management and employees on awareness of potential workplace violence risks.
Workplace violence is defined as “a spectrum of behavior—including overt acts of violence, threats, and other conduct—that generates a reasonable concern for safety from violence, where a nexus exists between the behavior and the physical safety of employees and others (such as customers, clients, and business associates) on-site or off-site, when related to the organization.” (SHRM.org, NIOSH). Many companies also consider workplace harassment and bullying to be forms of workplace violence. Additionally, domestic violence may spill over into the workplace in the form of assaults, threats or other actions by outside parties with whom employees have relationships.
4 types of workplace violence:
I: Criminal intent – The perpetrator has no legitimate relationship to the business or its employees and is usually committing a crime in conjunction with the violence. These crimes can include robbery, shoplifting, trespassing and terrorism. The vast majority of workplace homicides (85 percent) fall into this category.
II: Customer or client – The perpetrator has a legitimate relationship with the business and becomes violent while being served by the business. This category includes customers, clients, patients, students, inmates and any other group for which the business provides services. It is believed that a large portion of customer/client incidents occur in the health care industry in settings such as nursing homes or psychiatric facilities; the victims are often patient caregivers. Police officers, flight attendants and teachers are other examples of workers who may be exposed to this kind of workplace violence, which accounts for approximately 3 percent of all workplace homicides.
III: Worker-on-worker – The perpetrator is an employee or past employee who attacks or threatens another employee(s) or past employee(s) in the workplace. Worker-on-worker fatalities account for approximately 7 percent of all workplace homicides.
IV: Personal relationship – The perpetrator usually does not have a relationship with the business but has a personal relationship with the intended victim. This category includes victims of domestic violence assaulted or threatened while at work and accounts for about 5 percent of all workplace homicides.
There is no federal law that establishes an employer’s duty to prevent workplace violence against employees. However, companies must comply with the general duty clause of the Occupational Safety and Health Act of 1970, which states that each employer must furnish a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Some states have laws that may be imposed on employers so check with your state to ensure compliance. Acts of violence in the workplace can result in legal actions against employers. Potential areas for litigation or charges may include the following:
- Civil actions for negligent hiring, retention or supervision.
- Workers’ compensation claims
- Third-party negligence claims for damages.
- Requests for leave under the FMLA or state family and medical leave laws.
- Claims resulting from mental impairments under the ADAA.
- OSHA citations, fines or criminal charges.
Employer policies should include security measures to prevent workplace violence include premises security (e.g., access control systems, lighting, procedures, protocol and policies) and data security (e.g., measures to prevent unauthorized use of employer computer systems and other forms of electronic communication). Many organizations have policies that limit or monitor access of nonemployees to the premises, including:
- Limited public access to all or portions of the building.
- Check-in or sign-in desk to screen visitors.
- Increased lighting on the grounds or parking lots.
- Access-card entry systems.
- ID cards for employees and visitors.
- Video surveillance inside and outside the building.
- Security guards patrolling buildings, grounds or parking lots.
- Escort service to and from the parking lot for employees after hours.
- Metal detectors at building entry points.
- Cabs for employees working late.
- Background checks
Below are tips to develop a workplace violence protection prevention program:
- Review company polices.
- Investigate all complaints.
- Conduct periodic risk assessments.
- Train supervisors to avoid negligent hiring and retention.
- Communicate the emergency action plan to all personnel and related agencies.
- Practice the emergency action plan.
- Appoint a public information representative for the company.
- Train employees in CPR and first aid.
- Offer an Employee Assistance Program (EAP), and educate the employees..
- Locate and have available blueprints of the facility.
References:
- ASIS International and the Society for Human Resource Management. (2011). Workplace violence prevention and intervention: American national standard. Retrieved from here.
- Liberty Mutual Research Institute for Safety. (2011). 2011 Liberty Mutual workplace safety index.
- United States Department of Labor. (2009). Safety and health standards: Occupational safety and health. Employment Law Guide. Retrieved at http://www.dol.gov/compliance/guide/osha.htm
