While it is impossible to accurately predict all possible instances of workplace violence, by being proactive, employers can take measures to minimize the risk of such occurrences. A good starting point for all employers when attempting to minimize the risk of workplace violence is to conduct a hazard assessment, and then provide employees with the protective measures needed to eliminate or reduce exposure to potential hazards.

For instance, if employees are required to work outside at any time, and especially during the evening, ensure the property is well-lit and consider installing a surveillance system. These measures can alert employees to a potential source of danger or, at a minimum, capture an incident. Installing alarm systems and signage indicating the premises are under constant surveillance is also a deterrent.

Consider today’s climate

OSHA requires some employers to have a written Emergency Action Plan. In today’s climate, it is recommended that such plans include information on responses to workplace violence, including active shooter situations. Employers should also consider implementing safety drills in addition to fire drills.

It’s critical that employees are trained to understand their roles and responsibilities in emergencies. Most employers have (rightfully) implemented zero tolerance policies regarding workplace violence. Employees should be trained not only on these policies, but also on how to respond to potential emergencies, including information regarding evacuation routes and plans; they should be trained on the procedures for reporting suspicious behavior as well.

Many workplace violence episodes are related to non-work issues and may include family or marital conflicts, divorces and child custody disputes. Employers should watch for red flags such as a situation where an employee is served with legal process at work. If an employee reacts in a volatile manner, it might be beneficial to consider allowing administrative leave if a cooling-off period seems warranted.

Employer responsibilities

Employers may also want to consider requesting information from employees who seek protective orders. If an employee has requested a protective order against someone, ask for a photograph of that person. Provide the photo to on-site security, reception employees and management. If the individual arrives at the workplace for any reason, have the designated company representative approach the individual in a calm manner, isolate the individual in a designated area, and request that security respond to the situation.

It’s important to be mindful of the fact that once an employer asks employees to advise of requests for restraining orders or concerns about domestic violence, the employer may be assuming a duty to respond to this knowledge. A court recently found an employer liable because it was on notice of threats from an employee’s ex-boyfriend and offered to form ad hoc groups of employees to walk her to her car instead of using professional security. An incompetent or incomplete response to workplace violence concerns or to an active shooter may be used as evidence that an employer failed to meet its duty.

All too common

No perfect response to the recent increase in workplace violence is available, but employers should begin taking steps to avoid violent situations and minimize risk to employees. Rather than react to a violent event, act proactively to avoid these incidents altogether. Employers should implement a pre-mortem analysis of what could go wrong instead of waiting for a what-went-wrong review after the fact.