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As gun violence increases, workplace safety isn't what it used to be

January 2020 employment law letter
Authors: 
Jacob M. Monty, Monty & Ramirez LLP

As an employer, you have a responsibility under the Occupational Safety and Health Act (OSH Act) to provide a safe work environment for your employees, which includes creating a workplace that's free from serious recognized hazards. An employer that has experienced violence in its workplace or becomes aware of threats, intimidation, or other dangerous behavior is on notice of the risk of workplace violence. If you have dealt with any acts of violence or indications of potential violence in your workplace, you should take steps to protect your employees, yourself, and your business.

Rise in active shooters

In the past few years, the United States has seen a rise in active shooters. Between 2000 and 2018, there were 277 active shooter incidents. The majority of them ended before law enforcement arrived, and 81 percent occurred at the workplace. Of the 277 active shooter incidents, 30 occurred in 2017, which is the highest number ever recorded in a one-year period. In 2017, there were 729 casualties due to the rise of active shooters in the workplace, which is an increase of 241 percent from 2016.

Workplace violence can lead to physical and psychological harm, losses to property and productivity, workers' compensation claims, and litigation. As an employer, you should consider enacting engineering and administrative controls and conducting training to help protect your workplace from the threat of violence.

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