Workplace Violence (CONT’D FROM PAGE 1)
will see more jurisdictions do something similar in coming years.” Warning Signs The toll in human suffering from workplace violence is incalculable. Too, businesses can be held liable for inju- ries. “The employer has an obligation under the General Duty Clause of the OSHA Act to provide a safe workplace,” said Pascal Benyamini, a partner at the law firm Faegre Drinker. “OSHA and other government entities can assess fines and penalties to an employer for not having provided one.” Employers can also incur financial losses from workers compensation claims and lawsuits by injured employees or customers, or by the next of kin or family of an employ- ee who has been killed. “Litigation can be expensive,” said
Benyamini. “And if a case gets in front of a jury that de- termines the employer looked the other way when there were warning signs of a pending violent act, a company can get hit with punitive damages.” Clearly, businesses would be wise to take action to
mitigate risk when the warning signs of a pending violent act first appear. Those signs often take the form of behavioral changes that begin far in advance of a se- rious incident. The company mentioned in the opening paragraph of this article, for example, had received prior warnings of the employee’s threats toward colleagues. “The pathway to violence is typically a gradual one,” said Bonczyk. “An individual may begin by coming in to work late ev- ery day. That may proceed to snapping at coworkers or customers. Then they may begin bullying people. Later their perfor- mance takes a dive. Then things acceler- ate to threats of violence, and then ulti- mately violence.” Many early warning signs are consid- ered acts of violence in themselves by OSHA. These include verbal or written threats, harassment, and intimidation. Vio- lence can take the form of bullying, as well as swearing and hurling of insults. Supervi- sors should watch for: • Unexpected and unwelcome behavioral changes. The person may become quick to anger or engage in continuing confron- tations. • Talk of suicide or self-harm. • Paranoia, and a tendency to blame oth- ers for their troubles. • Obsession with weapons, when accom- panied by any of the other behaviors listed above. Individuals planning violent acts may become fixated on perceived occupation- al slights. “Very often these events begin with a grievance on the part of an employ- ee or customer or other individual,” said
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August 12, 2024
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