Plan For Prevention: Reducing The Risk Of Workplace Violence

Posted by Phillip M. Perry on Nov 13, 2024 7:30:00 AM

When a disgruntled employee opened fire at a small Philadelphia-area business earlier this year, the shooter killed two fellow employees and injured three others. The tragic event added more numbers to the nationwide toll of gun-related fatalities, highlighting the ongoing reality of workplace violence in America.

“Any exposure to the news media today will reveal that incidents of workplace violence occur quite frequently across the country,” says Ed Sherman, an organizational and public safety consultant. “Most business owners and employees recognize this is a significant issue and it’s something that should be addressed.”

The facts are clear: The Bureau of Labor Statistics reports 392 workplace homicides and 37,060 non-fatal workplace injuries resulting from intentional harm in 2020 (the last year for which data are available). And workplace violence is the third leading cause of fatal occupational injuries in the United States, according to a report from the Occupational Safety and Health Administration (OSHA).

At least one state has taken steps to reduce the danger. “The California legislature recently passed a law requiring employers with more than 10 workers to create and disseminate a Workplace Violence Prevention Plan,” says Kathleen Bonczyk, founder of the Workplace Violence Prevention Institute. “The standard must include employee training, along with anti-retaliation and grievance procedures. I predict we will see more jurisdictions do something similar in coming years.”

Warning Signs

The toll in human suffering from workplace violence is incalculable. Too, businesses can be held liable for injuries. “The employer has an obligation under the General Duty Clause of the OSHA Act to provide a safe workplace,” says Pascal Benyamini, a partner at the law firm Faegre Drinker. “OSHA and other government entities can assess fines and penalties to an employer for not having provided one.”

Employers can also incur financial losses from workers compensation claims and lawsuits by injured employees or customers, or by the next of kin or family of an employee who has been killed. “Litigation can be expensive,” says Benyamini. “And if a case gets in front of a jury that determines the employer looked the other way when there were warning signs of a pending violent act, a company can get hit with punitive damages.”

Clearly, businesses would be wise to take action to mitigate risk when the warning signs of a pending violent act first appear. Those signs often take the form of behavioral changes that begin far in advance of a serious incident. The company mentioned in the opening paragraph of this article, for example, had received prior warnings of the employee’s threats toward colleagues.

“The pathway to violence is typically a gradual one,” says Bonczyk. “An individual may begin by coming in to work late every day. That may proceed to snapping at coworkers or customers. Then they may begin bullying people. Later their performance takes a dive. Then things accelerate to threats of violence, and then ultimately violence.”

Many early warning signs are considered acts of violence in themselves by OSHA. These include verbal or written threats, harassment, and intimidation. Violence can take the form of bullying, as well as swearing and hurling of insults. Supervisors should watch for:

Unexpected and unwelcome behavioral changes (The person may become quick to anger or engage in continuing confrontations.),
Talk of suicide or self-harm,
Paranoia and/or a tendency to blame others for their troubles, and
Obsession with weapons (when accompanied by any of the other behaviors listed above).
Individuals planning violent acts may become fixated on perceived occupational slights

“Very often these events begin with a grievance on the part of an employee or customer or other individual,” says Sherman. “I am using the term grievance in the most general sense, as anything somebody is upset about. That’s why it’s so important for employers to respond to employees’ issues, concerns, and problems when they arise.”

Behaviors outside the workplace can also be red flags. “Often, someone will post things to social media that could be important in assessing that they pose a threat to the workplace,” says K. Campbell, principal at Blue Glacier Security and Intelligence. “These may include statements about fellow employees, supervisors, or managers. That is an example of leakage, the disclosure of ill intent to a third person rather than to the individual who might be the intended victim of an assault. Leakage is usually an extremely reliable indicator of potential violence.”

The above behaviors are not an exclusive list. Experts advise taking action anytime your gut instinct tells you something is not right. “You don’t want to wrongly accuse someone,” says Oscar Villanueva, the COO at TAL Global, a security-consulting and risk-management firm. “But people should know that if they see something that doesn’t look right to them, and their gut is telling them there’s an issue, they should report it to their supervisor or manager right away so it can be looked into.”

Employee Reports

When it comes to responding in a timely manner to warning signs, employees are often the first line of defense. “Management can’t know everything that happens on the floor where people are working,” says Benyamini. “When employees see or hear something, they need to say something, so that if an incident ends up becoming a credible threat, measures can be taken to reduce the risk.”

Too often, though, colleagues of a violent actor fail to speak up, either because they are not aware of the significance of what they have seen, or they do not know the correct reporting procedures.

Planning and training can help. “Every company should create a workplace violence prevention and management program, which is a set of policies and procedures that tell employees how to report troubling incidents they have observed,” says Villanueva. “This may prevent an incident from occurring.”

The program should include a zero-tolerance policy, calling for the employer to take appropriate action when a violent act occurs. “If someone makes a verbal threat, for example, but there is no physical contact or further issues, the penalty may be a suspension, or a letter of warning, or a reassignment. At the other extreme, an aggressor who beats up a fellow employee on the workroom floor may well be terminated.”

Filing a program in a binder is not sufficient. Managers and employees must be familiar with the details. “Everyone needs to know what steps to take if an incident occurs, including to whom to report,” says Sherman. “People should also know how to call first responders if an incident rises to the level of an emergency.”

More work needs to be done. According to OSHA, only 30 percent of all organizations have a formalized workplace violence prevention program. Part of the problem is that getting one off the ground requires an enthusiasm that is too often lacking. “I recommend all businesses identify someone with the passion necessary to manage a workplace violence prevention program from an organizational point of view, and then develop a policy that is supported by the CEO or COO or a senior member of the organization,” says Felix P. Nater, president of Nater Associates, a security consulting firm.

Employees must also be regularly reminded of the program’s details. “All employees need to be familiar with the warning signs of workplace violence and the steps that should be taken,” says Nater. “This will build trust and confidence in the hearts and minds of the employees because they trust management’s investment in their safety and security.”

There must be safeguards to protect individuals reporting incidents from retaliation. “Employees may resist speaking up about questionable behavior because they are afraid they may be attacked by the individual involved,” says Nater. “Everyone should be aware that the organization has protections in place so that if things become untenable, they will not be left to fend for themselves.”

Respond Appropriately

Top management can feel as nervous as employees about taking action when troubling behavior occurs. How can they investigate a report without ruffling feathers and unintentionally making matters worse? “When troubling behavior is reported, the best approach is to start with a discreet investigation,” says Villanueva. “Ask other employees if they can corroborate the behavior. Has anyone observed similar events?”

Once the background work is done, the supervisor should have a conversation with the employee who has committed the behavior. “Approach the individual in a respectful way and talk about what you have observed,” says Villanueva. “Stick with the facts, rather than making accusations. Encourage them to talk about their behavior, explain why it is happening, and what they can do to resolve it.”

It’s often appropriate to ask questions such as, “Are you okay? Is there anything you need? Can we offer something to assist?” Many employers have an employee assistance program (EAP) that can provide counseling.

Having these tough conversations early is better than allowing things to slide, because they will only become more difficult to deal with over time. “The longer you take, the worse the problem gets,” says Villanueva. “These things seldom get resolved on their own.”

Reduce Stress

An ounce of prevention is worth a pound of cure. One way of reducing the emotional temperatures that can lead to violence is to institute a stress reduction program. “It’s good to appoint someone in your company as a liaison between a stressed employee and a source of assistance,” says Worley. “The person in charge of human resources often fills this role, providing a safe, confidential place to go for the employee who feels as though they are struggling from stress at the workplace or at home.”

Employees experiencing high stress can be referred to the insurance company if it covers counseling, to an Employee Assistance Program (EAP), or to a community counseling service. This can be an important part of a larger workplace violence prevention program. “All employees need to understand the risk factors of workplace violence, the warning signs, and their responsibility to report what they see and hear,” says Nater. “A business can’t wait for a shooting for management to start backpedaling and acknowledging what they should have addressed long ago.”

Safe Terminations

Special attention should be paid to safe procedures when it’s necessary to fire an employee who has exhibited troubling behaviors. “Workplace shootings are often done by recently terminated employees,” says Don Worley, president and managing attorney at McDonald Worley. “Sometimes the employer has contested their application for unemployment benefits. Other times the individual was not offered any severance package.”

Security experts advise having a member of law enforcement on hand if there is a risk of a violent confrontation. And the individual should be terminated in a compassionate way. “Providing a packet of useful information can help,” says Worley. “The packet might contain a list of local agencies that provide counseling and job-hunting assistance and a list of temp agencies. In other words, be helpful and don't just say, “Get out of here.’”