OSHA’s New Stance on Workplace Violence to Impact Employers

Recently, the Occupational Safety and Health Administration (OSHA) issued a new directive that establishes a general policy regarding workplace violence. While certain industries are specifically targeted, all employers should understand the potential impact and an inspector’s view of compliance.

“While the directive expressly targets health care and social service workplaces, as well as late-night retail establishments, it goes on to include any workplace where there has been an instance of workplace violence,” explains Mary LeAnn Mynatt, a shareholder and employment attorney with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC (Knoxville, Tenn.). “Hindsight justice might be applied to any unsuspecting employer, and it will be difficult for employers to address in that it will be invoked after there has been an incident of workplace violence.”

Workplace violence incidents can include behavior on the job site committed by an employee or even a non-employee. For instance, an employee’s ex-spouse could come onto workplace property and commit an act of workplace violence. Or, instances seen on Black Friday with customers getting out of hand could also be included under this directive.

“It’s hard enough for employers to manage and control the behavior of employees who are actually performing their jobs, let alone a non-employee who might enter the workplace with bad intent,” adds Ms. Mynatt. “All employers should assess their workplaces for the potential for violence and establish procedures to reduce its likelihood.”

Ms. Mynatt is available for interviews to discuss the OSHA directive and its impact on employers. [12/08/2011]