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Employee Matters Article

   

Employee Matters

Updated: June 8th, 2009 10:37 AM GMT-05:00

Basic Employment Law Principles When Dealing with Workplace Violence

Lynne Eisaguirre
Workplaces that Work

How common are threats and violence at work? A study done in 2000 by the USPS Commission on a Safe and Secure Workplace found what it called "a disturbing and unacceptable level of violence in the American workplace," with one out of every twenty employees reporting a physical assault, and one in three saying they were verbally abused on the job.

In 2002, homicide was the third leading cause of death on the job, topped only by motor vehicle accidents and falls. More than 1.8 million work days and $55 million in wages are lost every year due to workplace violence, according to the Bureau of Justice Statistics.

Although no one can predict where and when violence will erupt at a job site, employers can be held liable for the resulting injuries. When an employee gets violent or abusive, it's the manager's duty to remain calm and try to diffuse the situation according to a 2001 federal appellate case where an employee mocked, used racial slurs and then head-butted his boss. The boss slapped the employee away and cursed back at him. Was that OK? No, said the court, and the employer was well within its rights when it demoted the boss to a non-supervisory position. More importantly, violence can be reduced - and even prevented - through some common-sense precautions. One thing you can do to prevent violence is establish and enforce a clear policy against violence - as well as provides employees with proper training.

Have a Strong Policy, Training and Enforcement
You and your employees have a right to be safe at work. If someone's threatening physical harm or engaging in physical abuse at work, they're violating the law, as well as, most likely, your organization's policy.

As a manager, you should be enforcing your organization's policies. If you see more than one of the warning signs listed below you need to confront the person, or, if he/she is a security risk, call security, legal and HR immediately.

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