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Workplace Violence: Do You Know Its Legal Repercussions?

NCJ Number
151808
Journal
Security Management Bulletin Issue: 2319 Dated: (October 10, 1994) Pages: 1-3,6,8
Editor(s)
A Vaughn
Date Published
1994
Length
5 pages
Annotation
Managing the risk of violence in the workplace is a major concern of security managers, and security managers must be aware of both civil and criminal liability issues in violence prevention.
Abstract
The Occupational Safety and Health Administration requires employers to provide employees with a safe and healthy working environment. Worker compensation claims resulting from assault in the workplace are valid if the dispute leading to the assault involves the work itself or if the work brought the injured employee and the perpetrator together and generated conditions and relations that resulted in an altercation. If employers know of dangers in the workplace and do nothing, they are criminally liable for any resulting employee injuries. The civil liability of employers with respect to violence in the workplace generally involves five areas: third party liability, negligent hiring, negligent retention, negligent supervision, and negligent training. Several liability prevention strategies are offered for employers: review current security and safety devices to ensure they function properly; establish written policies for dealing with employee complaints, grievances, and reports of harassment; develop an employee assistance plan; permit searches of employee lockers and personal property when a problem is suspected; monitor suspicious employees; ban weapons in the workplace; implement visitor security procedures; offer a drug abuse prevention program; provide mental and physical examinations for employees who exhibit problems; devise a written code of employee conduct; and identify local resources, such as women's shelters and rape crisis centers, to help employees.