Workplace Homicide Down
by Frank L. Kollman
OSHA wants to regulate workplace violence. According to OSHA statistics, there were 709 workplace homicides in 1998, down from the 1984 high of 1080. Nevertheless, there were nearly 400,000 aggravated assaults, over 50,000 rapes and sexual assaults, and 84,000 robberies.
Obviously, workplace violence is a serious subject, but one has to wonder if OSHA is equipped to deal with it. Remember, this is the agency that measures the height of guardrails to ensure that they are 36 inches high. If you are off by an inch or so, you get fined.
OSHA has already issued non-binding guidelines for certain industries prone to workplace violence, such as retail stores open at night. To give you an idea what OSHA may have in mind, here are the recommendations for management with respect to workplace violence:
Take all violent and threatening incidents seriously, investigate them, and take appropriate corrective action.
Outline a comprehensive plan for maintaining security in the workplace.
Assign responsibility and authority for the program to individuals or teams with appropriate training and skills. This means ensuring that all managers and employees understand their obligations.
Provide necessary authority and resources for staff to carry out violence prevention responsibilities.
Hold managers and employees accountable for their performance. Stating expectations means little if management does not track performance, reward it when competent, and correct it when it is not.
Take appropriate action to ensure that managers and employees follow the administrative controls or work practices.
Institute procedures for prompt reporting and tracking of violent incidents that occur in and near the establishment.
Encourage employees to suggest ways to reduce risks, and implement appropriate recommendations from employees and others.
Ensure that employees who report or experience workplace violence are not punished or otherwise suffer discrimination.
Work constructively with other parties such as landlords, lessees, local police, and other public safety agencies to improve the security of the premises.
All of these recommendations are good ideas. Let's hope, however, that they do not become OSHA standards
enforceable through fines.
Kollman & Saucier, P.A., The Business Law Building, 1823 York Road, Timonium, MD 21093 Phone: 410-727-4300
Fax: 410-727-4391 © 2008 Kollman & Saucier, P.A. All rights reserved.
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