Work Place Violence- OSHA General Duty clause

Geeter

Can an employer be found in violation of the OSHA General Duty clause or other provision of OSHA if they learn an employee committed an act of workplace violence, they fail to investigate the incident and the employee later commits additional acts of workplace violence ? What other statutes may have been violated?

Gillian

Safety is not my expertise but if OSHA has any provisions similar to what we have under CAL-OSHA, there is a possibility. We have to have Workplace Violence provisions as part of our Injury and Illness Prevention Plan. There are other areas of concern - there have been court cases based on negligent retention. You don't indicate the seriousness of the previous incident but it might be worthwhile to contact your counsel.

System

Yes, OSHA believes that workplace violence is a safety issue under its jurisdiction. But I don't know the exact details (whether OSHA is fining employers for preventable violence, etc.).

Your bigger ($$$) worry is the victim suing your company for negligent retention. That's when you knew (or should have known) that this employee was dangerous, but you didn't take reasonable steps to prevent violence. This includes victims who are customers, innocent bystanders, etc.

If the victim is an employee, he or she might be able to collect workers' comp benefits or sue for negligent retention, depending on the circumstances and your state's law.

I agree with Gillian that you should consult a lawyer if the situation is in the least bit serious. You can find a lawyer in your state who's affiliated with this forum and HRhero.com at
[url]http://www.hrhero.com/findanattorney.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers