LEGISLATIVE NEWS Bullying in the Workplace (continued from page 4)


Legislation on the state and federal level has been slow. For example, the Healthy Workplace Bill, which was first introduced in California in 2003--and intended for all 50 states--is inactive and only 13 states are actively seeking its passage. Despite the lack of legislation, employers can discourage bullying by: adopting and facilitating an open door policy which allows employees to participate in the workforce in a way that makes them feel valued; developing an employee recognition program which serves as an excellent way to boost employee morale; and adopting an anti- bullying policy.


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New Decision Distinguishes Negligent Hiring/Supervision Claim From Respondeat Superior, Discusses Imposition of Punitive Damages Against Employer for Acts of Employee


A recent decision of the Kentucky Court of Appeals in Allgeier v. MV Transportation, Inc., discussed the difference between respondeat superior and negligent hiring/supervision claims, as well as the availability of punitive damages from an employer for the acts of an employee. The Court held the fact that an employer who admits vicarious liability does not prevent a plaintiff from pursuing other claims on theories of direct negligence by the employer, including negligent hiring, training, supervision or retention. The Court explained that there is a definite distinction between an employer's direct liability and vicarious liability such that both claims could proceed simultaneously, and rejected what the opinion suggested was a minority view to the contrary. The Court also held that the injured party must show, by clear and convincing evidence, that the principal or employer authorized, ratified, or anticipated the conduct that caused injury. The trial court had dismissed the gross negligence/punitive damages claim by summary judgment. The Court of Appeals held that under the circumstances of this case the principal had effectively authorized or ratified the actions of the employee, and therefore remanded the case to the trial court for retrial on punitive damages.


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Crooks, Violent Intruders Usually Tip Their Hand—But Would You Notice? A vital element in crime prevention: noticing and responding to pre-incident indicators. Spontaneous criminality does occur, but criminals attempting a major heist—or even most commercial burglaries and robberies— will conduct some reconnaissance.


Since the terror attacks of 2001, the preparatory conduct of terrorists has been studied and according to one study, the average preparatory behavior phase for a terrorist attack is 54 days. Pre-incident activity for a robbery is unlikely to last as long, but the surveillance behavior is often similar as is activity that often precedes incidents of workplace violence. An individual who targets a person at their place of work (such as an estranged spouse) may demonstrate evidence of planning and preparation before committing violent acts. “Planning may involve the selection of a proper target, time, situation, and means for violence and may entail specific behaviors such as approaching the target, securing weapons, or visiting the intended place of attack,” according to researchers at Fairleigh Dickinson Univer- sity.


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Enterprise Mobile Duress: A Mobile ‘Panic Button’ for Healthcare Providers Last fall, the Emergency Nurses Association (ENA) released data from an ongoing survey aimed at assessing the prevalence of violence against emergency room nurses The study surveyed more than 7,000 nurses nationwide. The study found that only one environmental control was tied to lower odds of physical violence against nurses. It wasn’t bulletproof glass or enclosed nurses’ stations. It wasn’t mirrors placed in hidden places or security signage. “Only one ECM was significantly associated with lower odds of physical violence–panic button/silent alarm,” accord- ing to the study.


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