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Attorneys advise employers on workplace violence policies/training
SHERRY KARABIN
Legal News Reporter
Published: January 17, 2020
When two teenagers opened fire at Columbine High School in Littleton, Colorado, killing 13 people and wounding over 20 others, it sent shockwaves through the nation.
At the time, the April 20, 1999 shooting spree was an anomaly.
But today such tragedies are all too common, with the FBI reporting 277 active shooter incidents in the United States from 2000 to 2018.
Many employers are now taking steps to prepare their employees for potential scenarios, while implementing policies designed to spot problems before they occur.
Jerry Cline, of counsel at the management-side labor and employment law firm Fisher Phillips said he has noticed a significant uptick in calls from clients who are concerned about workplace violence.
“Typically the calls increase after a shooting incident like the one in downtown Dayton, which took the lives of nine people,” said Cline, who works out of the Cleveland office. “I recommend that every business have policies in place that educate and train employees on what to do in active shooter incidents.
“The firm has hosted in-person risk management training for some clients,” he said.
Cline said when businesses conduct their own training he recommends they follow the U.S. Department of Homeland Security protocol RUN. HIDE. FIGHT.
“Simply put the goal is for everyone to evacuate as soon as possible,” Cline said. “If that isn’t possible, hiding in a secure area is the next best thing. Only in circumstances where you cannot evacuate or hide should you attempt to fight the shooter.”
Many companies also employ ALICE’s (Alert, Lockdown, Inform, Counter, Evacuate) active shooter response training and/or bring in professionals to teach Stop the Bleed courses in which employees learn how to keep victims alive until medical personnel can arrive.
Cline also recommends that businesses do basic trauma training and purchase a basic trauma kit. He said local law enforcement officials can also provide or recommend training and educational materials.
As Roetzel & Andress Employment Services shareholder Karen Adinolfi explains there are two types of threats, internal and external.
“When it comes to external threats, which come from an outside, third party such as disgruntled clients or customers, former employees or an estranged spouse of an employee, preparing employees is one component,” said Adinolfi. “Employers must also take steps to make sure that the premises is adequately secure so that only authorized personnel can gain entrance to facilities.
“Internal threats, that is, those that come from an employer’s current employee can be more complicated,” she said. “One thing employers should do is create simple and clear polices that require employees to report suspicious behavior, such as negative changes in mood or attitude, talking about violence or bringing weapons into the workplace.
“When an employee is displaying erratic behavior, appropriate steps must be taken, which can include something as simple as a referral to an employee assistance program to more serious measures, such as involving law enforcement or discipline up to and including termination if policies are violated.”
Cline said mood swings, changes in hygiene, lateness and substance use can all be signs that an employee is in trouble.
“I advise my clients to document any unusual behavior, give proper warnings and if the employee must be terminated, treat the person respectfully and offer a severance package, if appropriate,” said Cline. “While 99% of the time a termination is uneventful, taking these simple steps can help to avoid having a disgruntled employee who is looking for revenge.”
Providing training, education and a secure workplace can go a long way toward preventing employer liability should an incident occur, said Adinolfi.
“The responsible party, i.e., the shooter, is, of course, liable,” Adinolfi said. “To the extent which the business did not heed warning signs or take precautions, the employer could leave itself open to multiple types of liability.”
Cline agrees. “While OSHA (Occupational Safety and Health Administration) does require that employers maintain a safe environment, OSHA does not have a specific standard addressing active shooter scenarios. However, other potential claims, such as a tort action for negligent hiring, supervision and retention may apply,” he said.
“I think this issue has been on clients’ radars for a long time,” said Adinolfi. “But with the steady uptick in incidents more employers are focusing on taking action.”