Employment / 2 min read
The Occupational Safety and Health Administration (OSHA) released guidance instructing employers to prevent violence in the workplace to the extent possible. While there is no OSHA regulation directly related to workplace violence, OSHA can issue citations related to workplace injuries resulting from workplace violence under the General Duty Clause. OSHA has long asserted that the General Duty Clause compels employers to "take reasonable steps to prevent or abate a recognized violence hazard in the workplace." In 2019, the Occupational Safety and Health Review Commission (OSHRC), an independent federal agency that is not directly affiliated with the Department of Labor or OSHA, held that employers are required to protect employees from incidents of workplace violence.
An incident of workplace violence which results in a loss of work, loss of consciousness, or medical treatment (over and above first aid) is recordable on an employer’s 300 log. Further, employers must report any incidents that result in death or overnight hospitalization within eight hours of a death or 24 hours for a hospitalization.
Although there is no true "one size fits all" approach as each location may have unique security considerations, there are four types of workplace violence threats that employers should consider when creating a program. All four types should be part of the employer’s risk assessment:
- Type 1: Violence committed during a crime – e.g., worker is assaulted during a robbery of the business (stranger-to-stranger).
- Type 2: Violence committed by customers/visitors to the worksite (customers/vendors/contractors could fall in this category).
- Type 3: Violence committed by a co-worker against another co-worker (employee-to-employee, including temporary workers).
- Type 4: Violence committed by persons with whom employees have relationships outside of the workplace – domestic violence spillover (may involve violation of protective order or restraining order).
While preventing such violence may be impossible, employers should take action to reduce the possibility of such violence from occurring as part of a comprehensive workplace violence problem. For example, the following actions could mitigate the OSHA risk stemming from workplace violence:
- Interview the employee on possible steps to prevent such violence in the workplace.
- Encourage employee to report harassment/violence to authorities.
- Provide a picture of the perpetrator to personnel responsible for controlling access to the workplace/building.
- Keep employee’s location confidential to the extent possible.
- Arrange for security to escort employe to and from the building.
- Instruct front-office personnel and building management on what to do if they see the perpetrator.
- Provide the employee with a parking space that is near the building.
- When possible, relocate the employee to another worksite.
- Have a protocol to route harassing phone calls and emails to security.