The event, startling and tragic is commonplace in one respect - it is yet another example of violence in the workplace. On the same day as the Capitol shooting convenience stores were robbed, workers were physically assaulted by co-workers or others and overall approximately 5500 workers were subjected to some form of workplace violence. Obviously not all acts of violence can be eliminated, but with workplace violence prevention programs a majority will be prevented, the employer will fulfill its legal and moral obligation to employees and workers will feel safe again.
According to a Justice Department report released July 26, 1998 more than 2 million people each year between 1992 and 1996 were victims of violent crime while at work. U.S. workers suffered 396,000 aggravated assaults, 51,000 sexual assaults, 84,000 robberies and 1,000 homicides on average each year. Workplace murder was the leading killer of working females and the second leading killer of males. Despite the above tragedies, few employers have established effective programs to protect their employees. Even if workplace violence has not yet occurred at a particular business there are a number of reasons why all employers should consider prevention programs to protect their employees and establishment against the crimes of workplace violence.
First, random violence is just that - notoriously unpredictable. It can strike without warning. The headlines abound with violent tragedies in courtrooms, mailrooms, doctors' and lawyers' offices. Increased stress in the workplace from "down-sizing" and the rushed business environment has left no profession immune from acts of violence.
Second, when violence occurs there is usually a high cost associated with its aftermath. There are medical and psychiatric expenses, repairs, potential litigation and most important, death or serious injury of employees, further compounding the stressful work environment. Beyond this, OSHA and a variety of statutes, regulations and judicial decisions have created a legal obligation for the employer as well.
The general duty clause of OSHA Act requires all employers to take steps necessary to reduce or eliminate the recognized hazards present which are likely to cause death or serious injury to employees. According to OSHA regulations, an employer that has experienced acts of workplace violence or becomes aware of threats, intimidation or other potential indicators showing that the potential for violence in the workplace exists, would be on notice of the risk of workplace violence. The employer would then be required to implement a workplace violence prevention program. Additionally, specific guidelines have been promulgated by OSHA for health care workers, social service workers and night convenience store employees.
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