an erm q and a with checklists for preventing workplace violence

By Dr. Jim Castagnera, Esq.

Partner, Portum Group International

In our post-pandemic America of 2023, mass shootings and senseless murders have become the grist of daily national news broadcasts.  Workplaces clearly are not immune from this new epidemic of mindless gun violence.  To help you detect potentially violent employees and make your places of business more secure, herewith my Q and A complete with comprehensive checklists:

What are the categories of workplace violence?

Workplace violence can be classified as follows:

• Violence by emotionally enraged persons;
• Violence by an angry spouse or relative of an employee;
• Random violence;
• Violence against law enforcement or security; or
• Terrorism and hate crimes.

What are some common characteristics of persons who commit workplace violence?

Persons who commit workplace violence can share the following characteristics:

• A history of violence
• Psychosis
• Romantic obsession
• Chemical dependence
• Depression
• Paranoia or being a pathological blamer
• Impaired neurological functioning
• Elevated frustration with work environment
• Interest in or obsession with weapons
• Personality disorder

What possible indicia of potential workplace violence should supervisors look for?

Supervisors should look for:

• Alcohol abuse
• Drug abuse
• Impaired judgment
• Emotional difficulties
• Financial problems
• Legal problems
• Strained family relations
• Occupational failure
• Threats
• Absenteeism
• Deterioration of personal appearance, attitude, and behavior
• Deterioration of interpersonal relations
• Inefficiency

What should supervisors and HR personnel do to document incidents of workplace violence or behavior indicative of potential workplace violence?

Incidents of workplace violence or possible violent behavior should be documented as follows:

• Record incidents promptly;
• Indicate date, time, and location;
• Detail the behavior;
• List all persons and work products involved;
• Identify the performance standards and disciplinary rules violated;
• Record the consequences of the action;
• Record management's response; and
• Record the employee's reaction to management's response.

What are some do's and don'ts of supervisory response to indicia of potential workplace violence?

Supervisors should respond as follows to indicia of potential workplace violence:

• Don't try to diagnose the behavior personally.
• Don't discuss drinking unless it occurs on the job.
• Don't moralize.
• Don't be misled by sympathy-evoking tactics.
• Don't cover up for a friend.
• Don't put the individual into an isolated work area.
• Don't ignore the problem or the signs of trouble.
• Do remember that chemical dependence is progressive and likely will only get worse over time.
• Do bring to the attention of suspected employees the company's employee assistance program.
• Do make it clear that your organization is concerned with job performance, and that if performance does not improve, the job is in jeopardy.
• Do explain that the employee must make the personal decision to seek help.
• Do emphasize that the employee assistance program is confidential.

What is workplace violence and what are some things employers can do to prevent it?

According to OSHA, workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers, and visitors. Acts of violence and other injuries is currently the third-leading cause of fatal occupational injuries in the United States. According to the BLS Census of Fatal Occupational Injuries (CFOI), of the 5,147 fatal workplace injuries that occurred in the United States in 2017, 458 were cases of intentional injury by another person. However it manifests itself, workplace violence is a major concern for employers and employees nationwide.

[https://www.osha.gov/SLTC/workplaceviolence/]

To prevent workplace violence, an employer should:

• Develop a written policy.
• Form a crisis management team.
• Develop policies on counseling, suspension, and termination.
• Immediately investigate all incidents, such as threats.
• Contact specialists for assistance.
• Revise plans, policies, and procedures as information develops—be flexible.

Don’t miss Dr. Jim’s webinar on the Legal and Employment Implications of ChatGPT.

https://assentglobal.us/webinar/3067/ChatGPT-Legal-Implications

Confront the legal implications of ChatGPT. Learn the many risks and how to mitigate them.

How many people in your office are using ChatGPT? While serving as an incredible tool to increase productivity, there are legal implications, from inappropriate communications to job losses. You need to understand the legal risks to make wise choices about which technologies to allow and how to implement them in your organization.

• What are the most significant legal risks of ChatGPT and similar tools?
• Can employees replaced by AI sue for wrongful termination?
• Can language models harass, discriminate, and injure?
• What corporate taxation implications does AI pose?
• Who owns the copyright to content generated by ChatGPT?
• How can your organization use ChatGPT more safely?
• What policies about artificial intelligence should you enact?
• How can you control which technologies employees use?