News & Analysis as of

Violence In The Workplace: Is Your Business At Risk?

A large portion of my practice is concentrated in the area of workplace violence prevention. When I mention this at bar events and cocktail parties, it must conjure up images of mass shootings and SWAT teams. However,...more

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more

Employers Need to Develop an Action Plan to Deal With Workplace Violence

If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are...more

Burr Alert: Workplace Violence: Reducing the Risk of Civil Liability

An estimated 2 million American workers are victims of workplace violence each year, costing businesses billions of dollars per year in impaired productivity, employee turnover, security measures, and legal costs. More and...more

The Difficult Dilemma Facing Employers When It Comes to Threats of Workplace Violence

Unfortunately, headlines of tragic acts of violence in the workplace continue – and it is a trend that is not abating. The Occupational Safety and Health Administration estimates that approximately 2 million workers are...more

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

A Fast and Furious Safety, Labor and HR Update - Issue 1

A New Approach to My Posts - Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!...more

Five Challenges Facing Employers in the Health Care Industry

Employers in the health care industry are facing a number of looming threats. Workplace violence is one of the most serious occupational hazards facing health care workers, while cyber-attacks pose a significant threat to the...more

Candid Observations from M. Patricia Smith, Solicitor of Labor, US DOL

Solicitor Smith did not announce any positions that we have not discussed, but she confirmed our opinions on the Administration’s priorities and their intentions as they energetically finish their term....more

It’s Time for Employers Go to the Next Level In Preventing Workplace Violence

I recently met with an international company which has armed security responders at some facilities, guards at others, and nothing at public establishments among its diverse operations. We talked about protecting lone...more

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

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

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

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

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

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

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

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

Workplace Violence – Putting Employers on the Horns of a Dilemma

Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more

OSHA Concentrates its Health Care Facility Inspections on Key Areas, but Specific Requirements Remain Elusive

On June 25, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a press release outlining its focus areas for health care facility inspections. Musculoskeletal disorders (MSDs),...more

Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client

An Occupational Safety and Health Review Commission Administrative Law Judge has determined that a healthcare provider company did not protect a social service coordinator, who was fatally stabbed outside her client’s home in...more

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JD Supra Readers' Choice 2016 Awards

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