Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How Can Your Business Prevent Workingplace Violence?

Author: Scarinci Hollenbeck, LLC

Date: May 1, 2017

Key Contacts

Back

Proactivity Is Key to Preventing Workplace Violence

Most businesses mistakenly believe that their company is immune from workplace violence. Unfortunately, this type of thinking not only allows attacks to occur but also leaves businesses ill-equipped to deal with them.

How Can Your Business Prevent Workplace Violence?
Photo courtesy of Stocksnap.io

What Is Workplace Violence?

Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It can range from verbal threats to a fatal workplace shooting. In addition, the term “workplace violence” does not apply exclusively to employees, but can also involve clients, customers, and visitors.

No business is immune from workplace violence; however, the risk is often higher for sales, protective services, transportation, healthcare and social services workers. According to the Bureau of Labor Statistics, 15,980 workers in the private industry experienced trauma from non-fatal workplace violence in 2014. The same year, 409 workers were workplace homicide victims. Recently, a New York City EMT lost her life when she was run over by her stolen ambulance.

Adopting Policies to Improve Workplace Safety

The Occupational Safety and Health Act (OSHA) requires employers to maintain reasonably safe and healthy workplaces, which may apply to certain incidents of workplace violence. Businesses may also face personal injury and wrongful death suits alleging that their negligence contributed to an incident of workplace violence.

Accordingly, all businesses should draft and implement employee policies and procedures aimed to prevent workplace violence. Key provisions include:

  • A “zero-tolerance” policy expressly stating that violent, threatening, intimidating or aggressive conduct towards another employee, customer, vendor or business associate will not be tolerated. 
  • A policy banning the possession of firearms and other dangerous weapons on company property;
  • A policy detailing the process through which workers should inform the company about any protective or restraining order that includes the workplace as a protected area; and
  • A policy outlining the procedures for anonymously notifying the company about potentially violent conduct by fellow employees.

In addition to enacting a workplace violence policy, businesses must ensure that managers are properly trained to diffuse potentially violent situations. It is also important to have procedures in place to quickly and thoroughly investigate allegations of workplace violence.

Businesses can also improve workplace safety by implementing comprehensive security measures. During business hours, security measures may include restricting access to buildings using key cards, requiring all visitors to sign in, and hiring security guards. It is also important to monitor security after hours via alarm systems, video surveillance, or around-the-clock security personnel.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
Business Law FAQs: What Companies Need to Know post image

Business Law FAQs: What Companies Need to Know

Running a business in New Jersey and New York means operating within one of the most legally complex environments in the country. From the moment you form your company to the day you sell it, and every contract, hire, dispute, and transaction in between, business law is present in decisions that look, on the surface, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Business Law FAQs: What Companies Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!