Workplace Violence

News & Analysis as of

Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?

Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the...more

Employment Law Navigator – Week in Review: February 2016 #2

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

A TED Talk’s Roadmap for Staying Calm When an Active Shooter’s at the Door

An armed gunman just entered your workplace. You’re under stress. What is the first thing you and your management team do?...more

Guns at Work: Is Your Employment Handbook Loaded to Fire?

Guns seem to always be in the spotlight, or at least in the legal stage’s side light. Proponents of gun safety or regulation clash with those who believe everyone of sound mind has the right to bear arms. There are extremists...more

2016 Brings Many Cal-OSHA Changes and Big Changes in Workplace Violence Laws

Employers quite rightly complain about the sheer number, intrusiveness and plain weirdness of California employment laws. However, Cal-OSHA and its regulatory scheme have not been that different from Federal-OSHA regulation....more

WEBINAR: Protecting Your Patients, Workforce and Visitors from Workplace Violence and Active Shooters

The Ober|Kaler Health Care General Counsel Institute presented this webinar on key considerations for health care facilities in protecting patients, workers and visitors from workplace violence and active shooter situations....more

Assault a Nurse and Go Straight to Jail

Hospitals are supposed to be scenes of healing and recovery, but all too often they are the scene of violence against healthcare professionals. By law, nurses and healthcare professionals are required to treat patients who...more

Workplace Violence Prevention in the Age of the ‘Active Shooter’

The tragic mass shootings in Paris, Colorado Springs, and San Bernardino, in three successive weeks, have had global reverberations. They have also left employers grappling with questions as to what measures they should...more

OSHA Announces New Web Page on Violence Prevention in Health Care

On December 1, 2015, the Occupational Safety and Health Administration (OSHA) launched a new web page in an effort to assist healthcare providers in curtailing violence in their workplaces. The page offers links to excellent...more

OSHA Issues “Strategies and Tools” to “Help Prevent” Workplace Violence in the Healthcare Setting

OSHA announced on December 1, 2015, that it had issued a number of “strategies and tools” for preventing workplace violence in the healthcare setting. The strategies and tools were contained in a new webpage, “Preventing...more

Employers Reminded Of Workplace Violence Dangers

A new case on workplace violence in Missouri demonstrates the practical and legal challenges many employers face in today’s environment. The case shows the risk extends beyond violence by employees to violence by nonemployees...more

If There Is a Workplace Shooting, Don't Just Lie Down and Be a Target

One would think that we are all desensitized to these terrible workplace shootings, but I find myself wrestling with the “whys” and “what to do next” following the San Bernardino mass murder. We’ll write and post more on the...more

Consistency of Treatment Following Office Party Brawl

In MBNA Limited v Jones UKEAT/0120/15, the Employment Appeal Tribunal (EAT) considered whether the inconsistent treatment of two employees arising from the same incident rendered the dismissal of one of them unfair....more

Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts....more

Is Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan

According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and—on rare occasions—homicides. Employees, customers, and third-party...more

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

Multi-Prong Strategy Essential to Preventing Workplace Harassment

Panel of Experts Identify Practices That Can Curb Harassment at Public Meeting of EEOC Select Task Force - LOS ANGELES - Placing pressure on companies by buyers, empowering bystanders to be part of the solution, multiple...more

Supreme Court of Puerto Rico Reaffirms that Violence in the Workplace Justifies First Offense Termination

In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under...more

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

Could Virginia shooting happen at your workplace?

One of the first reactions to surface after reading about unthinkable workplace violence, such as the recent Virginia news station shooting, is, “that’s awful, but something like that could never happen here…” Perhaps it...more

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that she was fired after reporting that her husband, the maintenance...more

Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court

An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he was fired.  He was fired because he made violent threats against coworkers, the Ontario Court of Appeal has...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

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