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CHAPTER 19 - HOW TO PREVENT WORKPLACE VIOLENCE

How safe is your company? Workplace violence has escalated into a national occupational health and safety hazard of epidemic proportions. Homicide is the leading cause of occupational death for women and the third leading cause of death for all workers. Employers are facing increasing pressure to prevent workplace violence. However, they face liability both for ignoring potential violence and for taking aggressive action to prevent it. The screening of job applicants to prevent workplace violence often conflicts with applicants’ rights under the Americans with Disabilities Act (ADA), the Civil Rights Acts, and the corrections statutes.

Preventing workplace violence should be of concern to businesses of all sizes. According to the National Institute for Occupational Safety and Health, the following workplaces have the highest risk of work-related homicide: taxicab establishments, liquor stores, gas stations, detective/protective services, grocery stores, jewelry stores, hotels/motels, and eating/drinking establishments.

More than 70 percent of companies have reported at least one incident of workplace violence assaults, threats, or homicide at their companies during the past year. Almost one- third have reported nonfatal batteries such as pushing, hitting, and other forms of intentional physical injury. Thirty-seven percent have reported one or more verbal threats but no physical violence at their companies.

HOT SITE

The National Institute for Occupational Safety and Health (http://www.cdc.gov/ niosh/homepage.html) is a federal agency established by the Occupational Safety and Health Act of 1970. It is responsible for conducting research and making recommendations for the prevention of work- related illness and injuries.

A ten-step prevention plan for reducing the risk of violence is analyzed under these topics: employers’ legal obligations and liabilities; how to fire and screen employees; physical security; warning signs; personnel policy manuals; reporting systems; employee assistance programs; incidence response teams; delivering bad news; and when to call the police.

Human resource managers, security officers, corporate counsel, hospital administrators, supervisors, managers, and chief executive officers should learn how to immediately develop violence prevention strategies; identify high-risk occupations and workplaces, evaluate factors or situations that might put workers at risk; implement necessary intervention efforts; and safely hire, discipline, and terminate employees.

A Ten-Step Prevention Plan
Negligent Hiring and Retention of a Dangerous Employee
How and When to Use the Forms in This Chapter

Reprinted with permission from the Upstart Small Business Legal Guide by Robert Friedman

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