Perpetrators are not always held solely responsible for acts of violence.  Generally speaking, if managers had reasonable cause to suspect that an act of violence would occur and did not take appropriate action to prevent harm to workers, vendors, customers or visitors, then the company bears some responsibility for the results of the violence.  US Code 1900 (OSHA), Section 5(a)(1), states that employers provide “a safe and healthful work environment for all workers.”

The Occupational Safety and Health Administration says that failure to prevent workplace violence can violate federal law if an employer knows or could reasonably anticipate that a worker is subject to violence and does nothing to prevent it.  In one California case, an employer was found liable for a female worker's death because management failed to tell her that a co-worker with whom she became romantically involved was an ex-convict with a record of sexual assault and violent crimes.

By necessity, employers are becoming much more proactive in preventing violence.  There are proven policies, procedures and corrective methods that will prevent and help mitigate the effects of violence in the workplace.

• Assemble a Threat Management Team (TMT) – A TMT is a group of workers who assess and respond to any potential for violence.  Employers can provide special training for the TMT, conducted by a competent professional in preventing workplace violence.  A TMT is appropriate for all worksites, no matter how large or small.
• Conduct Worker Training -This has proven to be an important countermeasure for preventing violent acts.  Employers can provide supervisory training on: how to identify and refer people with problems; conflict resolution; perpetrator profiles; warning signs; intervention techniques and termination procedures. Training can be brief, concise, comprehensive, inexpensive and even fun.
• Conduct a Security/Risk Assessment – This is an assessment that evaluates physical layout, security practices and engineering, and administrative controls. This survey will assess furniture placement, lighting, visibility, barriers, alarm systems, code words, emergency procedures, and review established procedures with local law enforcement.
• Have an Employee Assistance Program - Provide EAP services to workers and dependents 24 hours per day so that assistance is assured during critical times.  The EAP can also be extended to workers and family members for a period of time after termination.
• Practice Effective Screening – Provide “post offer” drug screens and conduct effective background checks on all new hires.
• Provide Post-Trauma Crisis Counseling – This could be provided after a robbery, assault, accident or threat but should also be considered after events such as any unexpected death of a worker or dependent.
• Have and Follow Workplace Violence Prevention Policies and Procedures – Develop written policies and procedures that clearly state the organization’s commitment to protecting people and property.  The policies should clearly delineate operating procedures as well as assurance that all reports will be investigated.

When you think you've done everything right, continue to evaluate your organization for improvement.  Any workplace can be made safer.  If, in spite of all efforts, there is a violent act, employers can establish an affirmative defense to protect them from liability by showing they have taken all reasonable steps to protect people and property.

First Sun organizational consultants are available to assist with this and many other subjects that can affect your workplace. Just email us or give us a call at 800-968-8143 or 803-376-2668.