NJ employers have a legal obligation to provide workers with a healthy and safe workplace.

For employers, prevention begins with identifying potentially violent people in the workplace. The U.S. Occupational Safety and Health Administration (OSHA) provides guidelines for employers to prevent and reduce workplace violence. Among the red flags OSHA Guidelines identify is when a worker is charged with Domestic Violence.

What then, can an employee do to protect him/herself against workplace violence?

In February, a tragic episode in Newton, Kansas led a man on a deadly shooting spree shortly after he was served with a restraining order at his workplace, Excel Industries. The suspect killed three people by gunfire before police officers shot and killed the gunman.

According to police reports, Cedric Ford, 38, had just been served a restraining order by a former girlfriend whom he had allegedly abused. According to OSHA, this profile is precisely what employers should be looking for when assessing the likelihood of workplace violence.

In addition to restraining order recipients, other red flags include:

• Drug and alcohol abuse;
• Previous convictions or history of violence;
• Severe pain, illness, or poor prognosis;
• Association with a gang;
• Complaints or disgruntled behavior.

Granted, these categories are somewhat generalized and, if acted upon too quickly or without good cause, could put the employer in an unfavorable light or lead to charges of discrimination or retaliation.  The employer must walk a fine line.  Yet, inaction in the face of mounting workplace violence is not an option.  Employers must be careful and vigilant at the same time, and encourage their employees to do the same.

An employee who engages in violent behavior will often threaten violence before acting on it. Experts on violent behavior suggest that threats should always be taken seriously and at face value, rather than dismissed or minimized.

Research shows that most workplace violence takes place in heath care settings. Some believe that self medication for pain contributes to violence. Additional risk factors could include isolated workspaces, working in patients’ homes, prevalence of knives, guns, or other available weapons, working in high-crime neighborhoods, working in poorly lit areas, or inadequate security.

In addition to being wary of the employees’ history of violence, OSHA guidelines suggest that employers develop and widely-circulate an evacuation plan. If a worker is served a restraining order on site and has a history of violent behavior, then, if there is a reasonably perceived threat, management should alert co-workers and execute the evacuation plan.

Worker safety and security are essential, yet they are not well understood.  Employers and workers are often poorly informed and even less prepared. If you are in need of legal advice or representation for workplace misconduct of any kind, contact Hanan M. Isaacs, P.C., today.  One of our employment attorneys will gladly speak with you from our conveniently located Central Jersey offices. Call our offices today at 609-683-7400 or contact us online to schedule a reduced fee initial consultation.  We accept major credit cards (except Amex) and have weekday and evening appointments available for you.  Call now.  You will be glad you did.