Introduction

While robberies and miscellaneous crimes have accounted for a majority of workplace deaths, attacks aimed at coworkers and supervisors are said to be the fastest rising category of on-the-job violence.

Over the past few years, as workplace violence has become more pervasive, several courts have ruled that employees injured or killed in workplace violence episodes can sue employers for civil damages and be entitled to a civil trial where allegations may include employer negligence. Additionally, OSHA compliance officers are inspecting for workplace violence. Inspectors may use the general duty clause to cite employers who do not provide a safe workplace, free from threat, especially where a reasonable expectation exists that violence may occur.

A well planned and communicated workplace violence program may help minimize and perhaps prevent the costs of human suffering and loss. Everyone in your company has a responsibility to the program. The following serves as a guide to help you manage the potential for violence in your workplace before a tragic episode happens. Its primary focus is on employees as perpetrators.

Characteristics of Violent Behavior
Work defines much about who and what we are. It plays a significant role in how we feel about ourselves and the world around us. For many, it provides structure and implies stability. Work conflicts, changes resulting in job loss, and a lessening of job status can jeopardize a sense of security, stability, and structure in our lives, creating immense frustrations and stress. Difficulties or changes in one’s personal life can also create frustrations and stress. These stresses may become the motive for unusual behavior.

A "profile" for predicting the employee who might become violent has been described. The profile may include one or more of the following characteristics:

• Male, 25-40 years of age
• A loner, generally introverted, with little to no support system
• Depressed, personality disorder, not in touch with reality
• Interest in guns or weapons, often former military service
• History of interpersonal conflict, anger, past violence
• Chemically dependent

Because not all people fit the profile, it is important to be alert to what are described as behavioral "warning signs" that may flag the potential for an act of violence.

It is said that in every case of workplace violence usually at least one warning sign is noted. The signs may be subtle or extreme. Because not all employees with "signs" manifest violent behavior, it is important to monitor, discuss, and address these indications through proper channels. Warning signs or "red flags" associated with employees who have the potential to cause trouble are described to include:

• Attendance problems
• Concentration problems
• Signs of stress, heightened anxiety, mood swings, depression
• Performance problems or fluctuations in performance
• Poor job relationships/interpersonal conflicts (uncooperative, argumentative, belligerent)
• Inability to accept responsibility or constructive criticism
• Poor or slipping hygiene and health
• Disregard for safety
• Inconsistent behavior, including substance abuse

While observing these signs is important to your loss control strategies, courts are increasingly concerned with the balance between the rights of employees and the obligations and rights of employers. Legal issues may include charges of invasion of privacy, civil rights violations, wrongful termination, and defamation (libel and slander).

Because of the number of confidential and legal issues, supervisors should take care not to make accusations based on "suspicions." Concrete evidence also should be reported through appropriate channels. Additionally, employers may have obligations under negligent hiring, negligent supervision, and negligent retention; premises and security liability; and a general duty under OSHA to provide a safe workplace.

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