Workplace Violence
In Florida, employers and businesses have a legal duty to 
provide employees and guests on their property with a safe work place. They need to protect employees and guests from preventable and foreseeable violence.
Workplace violence is widespread and occurs more than most people believe. Nearly 2 million American workers report having been victims of workplace violence each year. Unfortunately violence can strike anytime, anywhere and no one is immune.
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. Negligent security, inadequate security in the work place can lead to personal injury, property damage, and induced sense of fear than can impede employees work.
Workplace violence can be perpetrated by the employees themselves, a family member of the employee, vendors, strangers and more. We recently saw this in the Washington Navy Yard shooting, and the Sandy Hook Elementary School shooting.
In the case of the Navy Yard shooting the question has been raised — how can someone with such a checkered background receive secret government clearance and pass a background check and security.
Workplace violence often occurs due to an employer’s negligent hiring of the aggressive employee or negligently retaining of the aggressive employee after learning of the employees violent and dangerous behaviors. Some employers fail to perform adequate background checks including any past criminal behaviors by not completing a criminal background check. While most background checks typically include past employment verification, credit history, and criminal history; they cannot request information on your medical records or mental health.
OSHA (http://www.osha.org) recommends, at a minimum, that workplace violence prevention programs should:
- Create and disseminate a clear policy of zero tolerance for workplace violence, verbal and nonverbal threats and related actions. Ensure that managers, supervisors, coworkers, clients, patients and visitors know about this policy.
- Ensure that no employee who reports or experiences workplace violence faces reprisals.
- Encourage employees to promptly report incidents and suggest ways to reduce or eliminate risks. Require records of incidents to assess risk and measure progress.
- Outline a comprehensive plan for maintaining security in the workplace. This includes establishing a liaison with law enforcement representatives and others who can help identify ways to prevent and mitigate workplace violence.
- Assign responsibility and authority for the program to individuals or teams with appropriate training and skills. Ensure that adequate resources are available for this effort and that the team or responsible individuals develop expertise on workplace violence prevention in health care and social services.
- Affirm management commitment to a worker-supportive environment that places as much importance on employee safety and health as on serving the patient or client.
- Set up a company briefing as part of the initial effort to address issues such as preserving safety, supporting affected employees and facilitating recovery.
If you or a loved one has been the victim of workplace violence (shooting, stabbing, sexual assault, etc.) as a result of inadequate security, contact our negligent security attorneys to discuss your legal rights.
