WORKPLACE VIOLENCE TODAY


OSHA’s Enforcement of Workplace Violence Prevention By Patricia D. Biles, M.A.,


Most practitioners of workplace violence prevention have some knowledge of how the Occupational Safety and Health Administration (OSHA) enforces workplace violence prevention. Discussions usually center around the usage of the General Duty Clause §5(a)(1). Recent citations by OSHA have, however, involved usage of Section 11(c)(1).


OSHA does not have a specific standard for workplace violence. However, the OSH Act of 1970 provides regulatory authority in two ways. The extent of an employer’s obligation to address workplace violence is governed by the general duty clause:


Section 5(a)(1) of the OSH Act, or P.L. 91-596 (the “General Duty Clause”) provides that: “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” (29 U.S.C. 654(a)(1)


OSHA is also committed to protecting employees who report workplace hazards or violations. This commitment applies equally to the hazard of workplace violence as it does to any other hazard. Section 11(c)(1) of the OSH Act provides this protection: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.” (29 U.S.C. 660 (c)


In January OSHA filed a lawsuit in Montana alleging that a Dairy Queen franchisee illegally terminated an employee for making complaints regarding workplace violence. The investigation revealed that the employee was fired shortly after raising concerns about workplace violence.


In a similar case in February, the U.S. Department of Labor filed a lawsuit in Florida, against Duane Thomas Marine Construction LLC for terminating an employee who reported workplace violence. The employee alleged that, on numerous occasions between Dec. 9, 2009, and Feb. 25, 2011, Mr. Thomas committed workplace violence and created hostile working conditions. These recent cases indicate that OSHA is vigilant in its enforcement efforts regarding workplace violence. Employees may expect protection from OSHA when engaging in whistleblower activity.


Read More *The above image is from NIOSH publication: Violence on the Job, http://www.cdc.gov/niosh/topics/violence/


WORKPLACE VIOLENCE NEWS - continued Could a Military Radar Prevent Further Newtown-Style Tragedies?


One American professor believes radar could be used to protect students from Newtown-style attacks in the future. University of Michigan professor Kamal Sarabandi has adapted a radar similar to the type police deploy to identify speeders -- it can now reveal weapons and bombs concealed on a person's body.


In the aftermath of the Newtown tragedy, Sarabandi began investigating how his millimeter-wave radar system for defense could be used to identify weapons on people approaching crowded places like schools.


In a press release put out by the university, the professor said he believes his system could be quicker -- at less than one second per person -- and more practical than a metal detector. It could scan for threats from as far away as the length of a football field.


Sarabandi envisages the tech scanning crowds at a distance, flagging suspect individuals and referring them for further scrutiny by security.


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