While many people think of workplace violence as threatening behavior that occurs within the workplace, workplace violence is much broader and includes behavior that occurs outside the workplace that may lead to violent behavior in the workplace. This includes acts or threats of violence between employees (such as threatening phone calls, threatening emails, or brandishing a weapon in the workplace) as well as threats or violence that occur outside of company premises where the victim is a company employee (such as stalking or threats of violence by an estranged spouse or disgruntled customer).
Additionally, since the COVID-19 pandemic, the number of people suffering from mental health issues has increased dramatically. This contributes to issues such as erratic behavior and threats of harm in the workplace. Relatedly, suicide rates in the United States are rising at alarming rates. According to the Centers for Disease Control and Prevention, 49,449 people will die by suicide in 2022, a 2.6% increase from the previous year. This comes after a 37% increase in suicide rates between 2000 and 2018. Employers have a legal obligation to maintain a safe work environment for all employees. Suicide threats and acts not only threaten the safety of the affected individual, but can also create a safety risk for the entire office. It is also important to consider that under the Americans with Disabilities Act, any mental health condition that may lead a person to suicidal thoughts or acts may be considered a disability.
How to assess and prepare for risk
Employers are encouraged to adopt and publicly communicate a workplace violence policy. Key elements of such a policy include the company's commitment to maintaining a safe work environment, a definition of workplace violence, a statement encouraging employees to report behavior that makes them uncomfortable, reporting procedures, the company's commitment to promptly investigate all reports of suspicious behavior or threats of violence, and potential consequences if an employee is found to have engaged in misconduct.
Employers may also want to provide regular training on how to spot potential workplace violence and take appropriate action when faced with such a situation. No two workplace violence incidents are the same, but there are certain warning signs identified by law enforcement and threat assessment experts. Just as fire drills alert employees to the steps they should take if a fire breaks out, workplace violence prevention training programs tend to increase awareness of possible signs of workplace violence and put employees in a position to think critically about the steps they should take when faced with actual or threatened acts of violence.
As part of a workplace violence prevention program, companies should appoint a Management Response Team (MRT) to act as the first line of defense against incidents or threats of workplace violence. The MRT may include representatives from senior management, human resources, security, and in-house legal counsel, as well as external representatives such as threat assessment experts, local law enforcement, risk management experts, and outside counsel. The MRT should develop an emergency response plan that anticipates how the employer will respond to an incident of workplace violence, including securing the workplace, contacting law enforcement, notifying employees of the dangers, notifying families during and after an incident, responding to the media, and providing any necessary crisis counseling or other measures after an incident.
Businesses would also be wise to conduct comprehensive safety and security audits to identify and correct security deficiencies and unsafe conditions, such as faulty security systems, broken locks, multiple access points, and poor lighting. Installing deadbolts on doors can be an inexpensive preventative measure that could potentially save lives in the event of an attack. As part of this safety initiative, employers should consider partnering with local police departments. Many police departments have community action officers who can assist. Additionally, we recommend that businesses adopt a system of signing in and out every time employees enter or leave the building, as well as a designated evacuation assembly point, so that employees’ status can be determined in the event of a security incident. Employers should also require employees to update their personal and emergency contact information at least once a year.
Consult an expert before taking action
One mistake companies make is to hastily fire employees who threaten harm or are perceived to be a danger to themselves or others. Firing an employee does not automatically solve the problem or make them safe, as fired employees may return to their former employer to exact revenge. When faced with the possibility of a high-risk termination, companies are advised to take specific steps to determine the severity of the risk, plan such termination carefully, and consult with appropriate professionals before termination. In situations other than termination that involve suicide threats or mental health issues, companies may decide to send the employee for a direct threat evaluation by a mental health professional as a condition of reinstatement. Because direct threat situations can be serious and also involve legal issues, companies may want to partner with outside counsel and other mental health and direct threat professionals, depending on the situation.
Unfortunately, it is not possible to completely prevent incidents of workplace violence. However, by implementing comprehensive procedures, educating employees about the need to recognize and report threatening, suspicious or otherwise nuisance behavior, and taking the other preventative measures outlined above, employers can be in a position to recognize, address, and potentially prevent the risks of workplace violence.
