The Berger Law Firm, P.C. |
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Our semiconductor client was shocked to find a semiautomatic weapon in an employees locker. Shock turned to fear and confusion when staff saw police detectives in the corporate office, and read news reports that the employee was a fugitive in the attempted murder of his former boss. Fortunately, the employee is now in prison and our client wisely used this incident as a wake up call. According to the International Labor Organization (ILO), workplace violence is a global concern that can be combated only by a systematic response. The ILO report, Violence at Work, found workplace violence to be "not merely an episodic problem but rather a highly complex issue that crosses social, economic, organizational, and cultural factors." OSHA reports that workplace violence in the U.S. leads to about 1,000 deaths per year and hundreds of thousands of assaults. Employers who ignore these issues risk tragic consequences for themselves and their staff, as well as liability for negligent hiring and retention to third parties injured by company employees. Employers should develop a comprehensive program to minimize, respond to, and recover from violence at work. Many program elements are prudent personnel practices that reduce cost from bad hires and disputes. At the front end, employers should attempt extensive background checks and refuse to hire any applicant that does not release their employment, DMV, and criminal records. Given the difficulty in obtaining references, pre-employment interviews should probe relationships with co-workers and signs of belligerent attitude. Employers should also consider psychological exams, subject to employment law requirements. Management should establish and communicate that the workplace is to remain free of threats and aggressive acts, and create safe complaint procedures for employees to report violations. The performance evaluation process should include the ability to function well with staff. By training supervisors to recognize signs of violent behavior, they can report their concerns early enough so that remedial action can be taken. Upon receipt of evidence or complaints of aggressive behavior, management should conduct a confidential investigation, similar to those for sexual harassment. Where a problem is found, conflict resolution, employee assistance programs, discipline, and discharge ought to be considered. Care must be taken with aggressive employees, who may turn violent against staff whom they hold responsible for their problems. Workplace violence is not only committed by former criminals or the psychologically disturbed; increasingly employees suffering from stress at home and work reach the boiling point. Organizations such as the Mental Health Association of Montgomery County offer work/life initiatives (discussed in last months column) to assist employers in giving employees a safety valve. Employers should also not overlook the obvious in protecting staff from outsiders through such basics as a visitor sign-in policy, locking doors, and providing security escorts at night. When a crisis does erupt, employers should have responsive procedures for decision making, supervisory duties, and dealing with law enforcement, public relations and counseling. Although the headlines are filled with seemingly unpreventable violence in our schools and streets, employers can do their part to reduce risks to their staff and business by addressing violence in the microcosm of their own workplace. © 1999 Jeffrey Berger REPRINTED FROM:
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