Although the construction industry is not frequently affected by violence in the workplace, it is still a serious health and safety issue that construction owners and safety directors should be prepared to deal with. While workplace murders grab media attention, they are only part of the problem.

For each murder, there are countless other incidents of workplace violence in which victims are harassed, threatened or injured.

According to the National Institute for Occupational Safety and Health (NIOSH), “‘Workplace violence’ is any physical assault, threatening behavior or verbal abuse occurring in the workplace setting.” It includes, but is not limited to physical violence, intimidation, rape, harassment, profanity, psychological trauma such as threats, threatening or obscene phone calls, an intimidating presence, being followed or shouted at and any other disruptive or potentially dangerous behavior.

Workplace has been defined as any location, permanent or temporary, where an employee performs any work-related duty. This includes offices, shops, construction yards, jobsites, parking areas, etc.

There are several different categories of workplace violence that employers should be aware of. They include:

Violence by a stranger, wherein the stranger has no legitimate relationship to the worker or workplace. For example, a home or business owner may become irate or threatening because the street, yard or sidewalk in front of their home or establishment is torn up to install new utilities.

Violence by customers and/or clients in which someone who receives a service provided by the business is not satisfied or disturbed by the business or its employees.

Violence by a co-worker in which the perpetrator has an employment relationship with the business. The perpetrator can be a current, former or prospective employee. Co-worker violence that occurs outside the workplace, but resulted or arose from the employment relationship is included. For example, two workers get in a fight during or after work hours following an argument that occurred at work.

Violence by personal relationship wherein the violence is committed by someone who has a personal relationship with the worker. For example, a relative or friend of the worker enters the workplace and confronts the worker in a violent manner.

Liability

There is no specific OSHA regulation that applies to violence in the workplace. However, under the General Duty Clause, Section 5(a)(1) of OSHA, employers are required to provide their employees with a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious harm to employees.”

Therefore, OSHA has interpreted this to mean an employer that has experienced acts of violence becomes aware of threats or intimidation or other potential indicators of workplace violence has an obligation to implement a workplace violence prevention program.

Acts of violence in the workplace may be covered by workers’ compensation if an injury or illness occurs. However, injuries caused by intentional acts may not be covered. Other insurance coverage may provide employers with additional protection. Therefore, employers should check with their insurance carriers to determine if they have insurance protection to cover acts of violence.

Employers also have a legal and moral obligation to provide their workers with a safe place to work. To prevent the loss of life and injuries and limit potential liabilities, employers should take adequate steps to prevent workplace violence by creating and implementing policies and procedures to prevent violence.

Employers can be held liable in many ways. For example, a victim can sue because the employer hired another employee without a proper background check or because the employer did not terminate the perpetrator who demonstrated violent tendencies. Family members of victims and third parties who suffer due to workplace violence have also won significant awards against businesses due to inaction or negligence on the part of employer or their representatives.

Workplace Violence Prevention Program

Employers should establish and implement a written workplace violence prevention program. The program should include a clearly written violence policy statement and establish:

• A threat assessment team
  
• A plan for assessing potential situations
  
• Procedures for preventing and controlling incidents
  
• Incident reporting, investigation, follow-up and evaluation procedures
  
• Training and education programs for management and employees
  
• Recordkeeping

Many violent situations can be prevented when employees have been properly trained and understand what constitutes an act of violence in the workplace and what they are expected to do. They should understand that actions such as cursing out another employee or threatening to give him a fat lip will be considered a violent act. Clearly explain the different types of violence in the workplace that could occur and how they should respond to fellow employees or the general public. Managers and employees must realize that they should treat each other and the general public as they would expect to be treated. By simply being polite, avoiding profanity and not using the one finger salute, incidents can be avoided. Disagreements can be worked out without getting violent or nasty. Educate all managers and employees and make sure they understand that violence in the workplace is a real threat to their well-being and that violence in the workplace results in 500-plus worker deaths and thousands of serious injuries each year.

Similar to other safety and health policies managers and former should know what constitutes workplace violence and the confidential reporting procedure for those who feel threatened. Every report should be systematically investigated by the assessment team and appropriate action should be taken immediately when justified. All managers and workers should understand that violent behavior, intimidation, threats, verbal abuse, harassment, profanity and other violent behavior in the workplace will not be tolerated and is cause for termination.

There is no guarantee that workplace violence will not occur, but when it does, it needs to be stopped before it has a chance to escalate to more dangerous levels. Employers can prevent and limit possible violent acts by creating policies and procedures and by educating all employees before an incident occurs.

For a sample workplace violence prevention program, go to the OSHA Web site at www.osha.gov/workplace_violence/wrkplaceViolence.PartIII.html.

George Kennedy is NUCA Vice President of Safety.