Expert Q&A on Preparing for and Responding to Workplace Violence: Practical Tips for Employers | Practical Law

Expert Q&A on Preparing for and Responding to Workplace Violence: Practical Tips for Employers | Practical Law

An expert Q&A with Dennis Davis, Ph.D, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on the steps employers should take to prepare for and respond to workplace violence or threats of workplace violence.   

Expert Q&A on Preparing for and Responding to Workplace Violence: Practical Tips for Employers

by PLC Labor & Employment
Law stated as of 25 Jun 2013USA (National/Federal)
An expert Q&A with Dennis Davis, Ph.D, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on the steps employers should take to prepare for and respond to workplace violence or threats of workplace violence.
According to the Occupational Safety and Health Administration, two million employees are victims of workplace violence each year. Practical Law asked Dennis Davis, Ph.D, with the law firm Ogletree, Deakins, Nash, Smoak & Stewart, P.C. to discuss how employers should prepare to respond to workplace violence and threats.

Has workplace violence in the US become more or less prevalent?

It is difficult to say. According to Department of Labor statistics, there have been fewer homicides in the workplace over the last few years. However, there are many other forms of workplace violence. Threats of violence, verbal assaults and bullying are all forms of violence in the workplace. The problem is that many of these behaviors are unreported and there are no statistics that capture how often they might be occurring.

What are the top three things employers should do to prevent workplace violence?

To prevent workplace violence, employers should:
  • Screen applicants. Your best chance to avoid workplace violence is to avoid hiring a violent person. Ask all applicants for personal as well as professional references. Insist on face-to-face interviews so managers can gauge an applicant's temperament. Ask everyone who comes in contact with the applicant about their impressions.
  • Craft a tough anti-violence policy. To signal that you're serious about preventing workplace violence, craft a tough anti-violence policy that stands on its own, not as part of a general policy on professional behavior or misuse of office equipment. A written policy makes employer expectations clear and employees more likely to comply. Make sure the policy states that you have zero tolerance for any kind of violence or threats of violence. You can even expand it to cover off-duty threats that might affect the workplace later. Prohibit weapons on the premises to the extent authorized by law and appropriate to the job. Require employees to read the policy and sign an acknowledgment. Ask your vendors to read and enforce the policy when their employees are on your premises or worksite.
  • Establish a crisis management team. A crisis management team consists of six to eight people who function as coaches before violence erupts and act as incident managers if it does. Include staffers from the HR, legal and security departments. There should be a representative from senior management and your Employee Assistance Program (EAP) if you have one. The team should track complaints of violent or intimidating employee behavior, which can help identify potentially violent employees before they become physically dangerous. The crisis management team also functions as your liaison to the police if an incident occurs.

What are the top three things employers should do if they become aware of a potentially violent situation or individual?

If this type of situation arises, employers should remember that:
  • All reports of violence must be investigated. Conducting investigations is the only way to make clear that violence will not be tolerated. When employees threaten or bully others, there must be consequences and an appropriate response.
  • All employees should be informed that if they perceive that violence is imminent, they need to take action. They should:
    • remove themselves from danger, because employers do not want employees doing anything that has the potential to for them to be harmed;
    • warn others, because all employees should feel a responsibility for all others in the organization; and
    • once out of danger, contact the appropriate authorities, either in-house security or local law enforcement.
  • A professional referral may be required. When an employer becomes aware that an employee may be having difficulty (for example, behaving in a bizarre manner or seeming depressed or disoriented) they should be prepared to make a referral to their EAP, if one exists. Sometimes, a fitness for duty evaluation is necessary.

What are the most important things employers should do in response to workplace violence?

Employees need to know that their employer is paying attention to their concerns and has appropriate procedures in place for responding to workplace violence. Too often, employees have no idea how threats or acts of violence are handled in their organization. After there has been an incident (or even a close call), employers should take the time to:
  • Secure the workplace and make sure that employees are safe.
  • Review and revise all security measures as necessary.
  • Review, revise and re-circulate their workplace violence policy. This is the perfect time to remind employees of the company's stance on violence and what is expected of each employee.
  • Remind employees about the crisis management team and its members. Advise employees that it is essential that any incidents and threats are reported to the team before severe acts of violence occur.
Practical Law offers resources to help employers and their counsel navigate and respond to workplace violence and threats. Take advantage of Practical Law's: