OSHA Issues Enforcement Guidance on Assessing Workplace Violence

Last month, the federal Occupational Safety and Health Administration (OSHA) issued enforcement guidance to its regional offices to establish uniform procedures for investigating and assessing incidents of workplace violence, like the one last Friday afternoon in a California hair salon. Workplace violence has ranked in the top four causes of death for more than fifteen years. “Workplace homicides remained the number one cause of workplace death for women in 2009.” “Employers may be found in violation of the general duty clause if they fail to reduce or eliminate serious recognized hazards.” In Ohio, it could also lead to public policy discharge and retaliation claims. A complaint concerning workplace violence could trigger an OSHA investigation into many of the employer’s safety and recordkeeping practices. According to OSHA, a combination of administrative, engineering and education measures can greatly reduce, if not eliminate, workplace assaults and other violence. The enforcement guidance also contains a checklist of steps employers can take to improve workplace assessments and safety. Interestingly, OSHA refuses to investigate complaints of co-worker disputes or bullying.

Workplace violence is recognized as an occupational hazard in some industries and environments which, like other safety issues, can be avoided or minimized if employers take appropriate precautions. At the same time, it continues to negatively impact the American workforce. Workplace violence has remained among the top four causes of death at work for over fifteen years, and it impacts thousands of workers and their families annually.

The Bureau of Labor Statistics’ (BLS) Census of Fatal Occupational Injuries (CFOI) shows an average of 590 homicides a year from 2000 through 2009, with homicides remaining one of the four most frequent work-related fatal injuries. Workplace homicides remained the number one cause of workplace death for women in 2009 . . . . In addition, during the same time period, survey results showed that 19% of victims of workplace violence worked in law enforcement, 13% worked in retail and 10% worked in medical occupations.

Research has identified factors that may increase the risk of violence at worksites. Such factors include working with the public or volatile, unstable people. Working alone or in isolated areas may also contribute to the potential for violence. Handling money and valuables, providing services and care, and working where alcohol is served may also impact the likelihood of violence. Additionally, time of day and location of work, such as working late at night or in areas with high crime rates, are also risk factors that should be considered when addressing issues of workplace violence.

By assessing their worksites, employers can identify methods for reducing the likelihood of incidents occurring. The Directive also includes a list of best practices, including the following:

● Conduct a workplace violence hazard analysis (this includes analyzing vehicles used to transport clients).
● Assess any plans for new construction or physical changes to the facility or workplace to eliminate or reduce security hazards.
● Provide employees with training on workplace violence.

● Implement Engineering Controls, such as:
- Install and regularly maintain alarm systems and other security devices, panic buttons, hand-held alarms or noise devices, cellular phones and private channel radios where risk is apparent or may be anticipated. Arrange for a reliable response system when an alarm is triggered.
- Provide metal detectors—installed or hand-held, where appropriate— to detect guns, knives or other weapons, according to the recommendations of security consultants.
- Use a closed-circuit recording on a 24-hour basis for high-risk areas.
- Place curved mirrors at hallway intersections or concealed areas.
- Lock all unused doors to limit access, in accordance with local fire codes.
- Install bright, effective lighting, both indoors and outdoors.
- Replace burned-out lights and broken windows and locks.
- Keep automobiles well maintained if they are used in the field.
- Lock automobiles at all times.

● Implement Administrative Controls—to change work practices and management policies in order to reduce exposure to hazards. Such controls include:
- Establish liaisons with local police and state prosecutors. Report all incidents of violence. Give police physical layouts of facilities to expedite investigations.
- Require employees to report all assaults or threats to a supervisor or manager (in addition, address concerns where the perpetrator is the manager). Keep log books and reports of such incidents to help determine any necessary actions to prevent recurrences.
- Advise employees of company procedures for requesting police assistance or filing charges when assaulted and help them do so, if necessary.
- Provide management support during emergencies. Respond promptly to all complaints.
- Set up a trained response team to respond to emergencies.
- Use properly trained security officers to deal with aggressive behavior. Follow written security procedures. [Do they know how to respond to armed aggression? Have you asked about the training your security contractor provides to security guards assigned to your facility?]
- Develop a written, comprehensive workplace violence prevention program, which should include:
- policy statement regarding potential violence in the workplace and asignment of oversight and prevention responsibilities.
- workplace violence hazard assessment and security analysis, including a list of the risk factors identified in the assessment and how the employer will address the specific hazards identified.
- Development of workplace violence controls, including implementation of engineering and administrative controls and methods used to prevent potential workplace violence incidents.
- A recordkeeping system designed to report any violent incidents. Additionally, the employer shall address each specific hazard identified in the workplace evaluation. The reports must be in writing and maintained for review after each incident and at least annually to analyze incident trends.
- Development of a workplace violence training program that includes a written outline or lesson plan.
- Annual review of the workplace violence prevention program, which should be updated as necessary. Such review and updates shall set forth any mitigating steps taken in response to any workplace violence incidents.
- Development of procedures and responsibilities to be taken in the event of a violent incident in the workplace.
- Development of a response team responsible for immediate care of victims, reestablishment of work areas and processes and providing debriefing sessions with victims and coworkers. Employee assistance programs, human resource professionals and local mental health and emergency service personnel should be contacted for input in developing these strategies.

● Limit window signs to low or high locations and keep shelving low so that workers can see incoming customers and so that police can observe what is occurring from the outside of the store.
● Ensure that the customer service and cash register areas are visible from outside of the establishment.
● Use door detectors so that workers are alerted when someone enters the store.
● Have height markers on exit doors to help witnesses provide more accurate descriptions of assailants.
● Establish a policy of when doors should be locked. Require workers to keep doors locked before and after official business hours.
● Train all staff to recognize and defuse verbal abuse that can escalate to physically combative behavior.
● Train all staff and practice drills for physically restraining combative patients or clients, including the use of physical restraints and medication, when appropriate.
● Provide employee “safe rooms” for use during emergencies.
● Provide staff members with security escorts to parking areas in evening or late hours. Ensure that parking areas are highly visible, well lit and safely accessible to the building.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.