Workplace violence is, or should be, an issue that concerns every employer. An employee may attack a coworker, or be attacked by a customer. You're at risk too, since employers are all too often the victims of workplace violence. From your perspective as an employer, work rules can serve as a deterrent by making employees aware that there can be severe consequences attached to even minor incidents involving physical confrontation or contact.
In determining whether to have a formal policy on violence in the workplace, you need to realistically assess the chances of an incident occurring. The probability of workplace violence increases as the number of employees you have increases. Even if you do a good job in screening applicants and you avoid hiring people with a history of violent behavior, there’s no guarantee that your employees will get along with one another. Stress and pressure resulting from the demands of the job are also likely causes of workplace violence.
If you decide that a formal policy is warranted by the particular circumstances of your business, explain in clear and simple terms exactly what types of conduct are prohibited, and what sanctions you'll impose on those who violate the policy. While the policy itself is unlikely to violate any employment laws, your enforcement of the rules must be even-handed and fair. Consult an attorney who has experience with written workplace violence policies to ensure that your policy is legal and appropriate to your business circumstances.
Regardless of whether you have a formal policy, it’s important to keep your head when an incident occurs. Don't respond to a situation rashly. Your first priority should be to stop the fight or other violent incident. Then, investigate what happened, and why. Impose sanctions only after you're sure of the facts and you've documented them so you can explain your actions if they're ever challenged. To curtail violence among employees in your business, take the following steps:
Warning signs of a violent employee. In many cases, there are early warning signs of a potentially violent employee that are not communicated to the people who could take action or that are not taken seriously. Be on the lookout for:
Former employees. You many have a legal obligation to provide information about a former employee that has a history of criminal violence or extremely aggressive behavior if an employer approaches you for a reference in connection with a job that would have your former employee working closely with the public. Faced with this type of situation, you should consult your attorney.
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