Reprinted from the June 18, 2007 issue of PERSONNEL LEGAL ALERT , a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Protecting Employees From Workplace Violence

Unfortunately, it takes an incident like the shootings at Virginia Tech for employers to seek information about securing their workplaces. But then many abandon their efforts a few weeks later as the media attention dies down. It's imperative that employers are proactive because "if you react, it's going to be bad," stressed Paul Viollis, CEO of Risk Control Strategies, a nationally recognized threat management and risk assessment firm headquartered in New York City. "Don't ever think it won't happen to you."

A DUTY TO PROTECT

We're good at wake-up calls," stated Viollis. He typically sees a jump in phone calls and e-mails from employers three to five days after a violent incident. The most common requests: 1) reevaluate our current prevention program; and 2) help us convince the board of directors to allocate funds for pre-incident response training.

"But we're better at hitting the snooze button," he continued. A lack of funding might explain why more than 70% of U.S. workplaces do not have a formal violence prevention program, according to the Department of Labor's Bureau of Labor Statistics. If this is the case at your organization, remind top brass that they are legally required to provide employees with a working environment free from recognized hazards, as per the Occupational Safety and Health Act's general duty clause.

What rises to the level of a recognized hazard in terms of workplace violence has yet to be determined, but it's conceivable that evidence of negligent hiring, retention, or supervision could negate an employer's claim that violence perpetrated by a current or former employee wasn't a recognized hazard.

If execs are still on the fence, emphasize the potential cost of lost lives and of employees not returning to work after a violent incident. "Hundreds of millions of dollars are lost in employees who don't return to work," said Viollis.

PROOF OF REASONABLENESS

If violence occurs at your workplace and the victim sues for negligence, the court will evaluate whether your organization acted reasonably to prevent the incident. To show reasonableness, Viollis said organizations should take the following steps.

1. Create and communicate a comprehensive violence prevention policy. The policy should: go beyond defining workplace violence as just physical behaviors to include threatening words and gestures; outline examples of unacceptable behaviors; explain how and to whom to report violence; and include domestic violence, which is the leading cause of death of women at work, according to Viollis.

2. Professionally train all employees. That doesn't mean purchasing a violence prevention video and making employees watch it, stressed Viollis. It means hiring a subject matter expert with a background in both behavioral analysis and law enforcement. "Having a manager train employees would be like a layperson giving medical advice."

The training itself must be cognitive (e.g., define workplace violence, what is unacceptable, reporting mechanisms) and behavioral (e.g., profiles of violent individuals, warning signs). Viollis recommended providing line employees with an hour of cognitive training, and managers with three hours of both cognitive and behavioral training. Each should be given yearly refresher training.

Viollis said training is the key to getting employees to alert HR to co-workers who are not violent, but exhibit behaviors that could suggest violent tendencies. Reporting these behaviors early on is crucial to preventing violence. Too often, he said, HR is brought in "at the bottom of the 9th" and expected to fix everything when it's already too late.

3. Secure the premises. The Bureau of Labor Statistics found that only about two-thirds of workplaces with 10 or fewer employees have some type of security in place. Employers of all sizes must conduct a vulnerability assessment, and then act on the findings. Who has access to the facility? What controls are in place?

It's also wise to run drills that outline how your organization would secure the job site immediately following a violent incident, indicate safe areas for employees to go during and following an incident, and instruct employees on how to safely evacuate the facility.

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