The Law: Protecting your company from problem people

A Maryland judge was recently murdered in the driveway of his house, allegedly by a man he ruled against in a child custody/divorce case.

This shocking story should remind us of the dangers of workplace violence, which can be perpetrated by employees or third parties and which range from harassment, property damage, sabotage, physical assaults and other anger-related incidents.

What is an employer to do?

While there are currently no specific Occupational Safety and Health Administration standards for workplace violence, OSHA recommends that employers train your workforce on workplace violence prevention and incorporate it into a safety and health program or employee handbook.

Certain employers are also higher risk for workplace violence due to the nature of their customers: health care and social service workers (patient-on-staff violence), and late-night retail establishments, such as bars, convenience stores, gas stations and restaurants.

For all employers, however, OSHA recommends that any workplace violence prevention program should have the following elements.

1. Establish a clear written policy for workplace violence, both verbal and non-verbal threats and related actions and train your employees on it.

Your receptionist is likely your company’s gatekeeper and will have the most dealings with high risk people. Train them well. Make sure they have access to emergency procedures like who to call in an emergency and/or a panic button and an elevated counter.

All employees should have workplace violence prevention safety training that addresses these issues:

1) Staffing (who is responsible for workplace safety, training on handling difficult customers and de-escalation, etc.).

2) Facility design (public access to the building is controlled, no unescorted visitors or vendors roaming the building, emergency response, escape routes, safe rooms, security measures like identification tags, physical barriers, security cameras, panic buttons, etc.).

3) Outside the facility (parking lot, lighting, cameras, guards, etc.).

4) Work environment (including briefing about the area in which they will be working, including neighborhood culture, drug activity, etc.).

While there is no federal law specifically addressing firearms in the workplace, OSHA’s general duty clause may cover an employer’s obligation to maintain a safe workplace through the prohibition of weapons at work.

2. Encourage workers to promptly report incidents, suggest ways to reduce or eliminate risk, and ensure that no one that reports it will face reprisals.

Train your staff to pay attention to possible dangerous behavior exhibited by clients or customers, warning signs, and report it to a manager.

Train staff not be embarrassed to report uncomfortable incidents. Train managers on what to do with such reports.

3. Work with law enforcement to recommend a comprehensive plan for maintaining security in the workforce.

Regrettably, law enforcement in this country has had too much experience dealing with school and workplace violence issues.

Law enforcement is well-equipped to assist you with threat analysis, physical security systems and procedures to deal with incidents of violence and emergency plan development.

In addition, train your employees to contact the police if they feel afraid or anxious about a person’s behavior.

4. Management commitment

Management has to commit both time and money to workplace violence prevention.

That means attending the training, allocating appropriate authority and resources and maintaining a system of accountability for everyone.

For more information, load the following term into your search engine: “workplace violence Iowa.”

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com