Describe possible workplace violence-related liabilities and actions employers can take to limit such incidents.
List and briefly describe the possible motivations for terrorism in accordance with the assigned reading
Describe possible workplace violence-related liabilities and actions employers can take to limit such incidents.
List and briefly describe the possible motivations for terrorism in accordance with the assigned reading
ailure to Protect: If an employer is aware of a credible threat of violence and fails to take reasonable steps to protect employees, they can be held liable for any resulting harm. This includes ignoring internal threats or failing to provide adequate security in response to external threats.
Worker's Compensation: Many jurisdictions allow workers' compensation claims for injuries resulting from workplace assaults, especially if the incident arose from the employee's work duties or the workplace environment itself.
To limit workplace violence, employers should adopt a zero-tolerance policy and create a comprehensive prevention program. This program should include:
Clear Policies and Communication: Develop and communicate a clear, written policy on workplace violence that outlines what constitutes unacceptable behavior and the consequences for violating the policy. This policy should cover all employees, contractors, clients, and visitors.
Conducting Background Checks: Thoroughly vetting job applicants can help identify individuals with a history of violent or criminal behavior, though employers must comply with all relevant laws and regulations, such as the Fair Credit Reporting Act.
Training and Awareness: Provide regular training for all employees on how to recognize warning signs of potential violence, de-escalate conflicts, and what to do in an emergency. Managers and supervisors should receive specific training on how to handle threats and report concerns.
Establishing a Reporting System: Create a confidential and non-retaliatory reporting system where employees can safely report concerning behavior or threats without fear of repercussion. This could be an anonymous hotline, an online portal, or a direct channel to a designated HR representative.
Enhancing Security Measures: Implement physical security measures based on a risk assessment of the workplace. This can include security cameras, controlled access points with key cards, proper lighting in parking lots, and, in some high-risk environments, security personnel.
Workplace Environment: Cultivating a positive and supportive work environment can reduce stress and conflict. Offering an Employee Assistance Program (EAP) can provide counseling and support for employees who may be struggling with personal or professional issues.
Based on common academic and geopolitical analyses, the motivations for terrorism are often complex and multifaceted. They are generally categorized into the following:
Political: Terrorism is frequently a tool for achieving a political objective, particularly for groups that lack the power to engage in conventional warfare. This can include seeking to overthrow a government, secede from a state, or coerce a political leader or population into a specific action.
Employers face significant liabilities related to workplace violence, but they can mitigate these risks by implementing proactive prevention strategies. While a single incident can have a ripple effect throughout an organization, a comprehensive approach focused on prevention, policy, and training is key.
Employers can be held legally liable for workplace violence under various legal doctrines, particularly if they fail to provide a safe working environment. The Occupational Safety and Health Act's "general duty clause" requires employers to protect employees from recognized hazards.
Negligent Hiring, Retention, or Supervision: This is a common liability area. An employer may be found negligent if they hire an employee with a known history of violent behavior, retain an employee after they've demonstrated a propensity for violence, or fail to adequately supervise employees, leading to an incident.
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