Workplace violence continues to increase but what does this mean? While there are no standards to determine whether “workplace violence” occurs under OSHA’s definition of the term, you should want to prevent the existence of “a workplace where the risk of violence and serious personal injury connected to workplace activities are significant enough to be considered a recognized or foreseeable hazard.” Obvious examples of violent acts include actual and attempted acts that constitute verbal and written threats, intimidation, stalking, harassment, robbery, assault, bomb threats, rape, or murder.
In light of the Supreme Court’s recent rulings, I am often asked about whether companies can restrict weapons in the workplace. As this is a state-by-state issue, my first comment is to compile a list of where your employees are located. Some states such as Pennsylvania do not limit the ability to prohibit firearms on the employer’s premises. Even in these situations, employers are required to share these limitations with employees through signage or direct communication. Employers must also be cognizant of a variety of related issues such as whether employees can leave their firearms in vehicles parked on their property.
Another question I have been asked revolves around workplace violence prevention plans. Most plans use the same tools: anti-violence and anti-bullying policies, crisis management teams, information campaigns, response plans, supervisor training, recording all allegations of alleged workplace violence.
I also suggest engaging the company’s insurance broker, PEO, and other resources that are already paid for by the company because states are increasingly regulating how these tools are implemented. For example, employers not based in California may not know California requires must every employer to have a comprehensive workplace violence prevention plan with specific components but their insurers and PEOs certain are aware of this.
A side benefit of seeking advice from these resources is that your legal bill from your employment attorney will be lower. Being smart and lowering your legal expense–how can you argue against that?
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues. In particular, he has a significant amount of experience in hospitality law by representing third party management companies, owners, and developers.
He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
