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Warning: Violence is third-leading cause of fatal occupational injuries

October 2021 employment law letter
Authors: 
Jodi R. Bohr, Tiffany & Bosco, P.A.

The Occupational Safety and Health Act’s (OSH Act) General Duty Clause requires employers to provide a safe and healthful work environment for all covered workers, which includes protecting them against workplace violence. With many employees continuing to work remotely because of COVID-19, employers have let their guard down. But the physical, mental, and emotional stresses resulting from the pandemic mean you need to be prepared for conflicts now more than ever before.

Tensions rising during pandemic

Disagreements over politics, vaccinations, and mask wearing have fueled violent workplace conflicts over the past 18 months. Based on the most recent available statistics from the National Safety Council, physical assaults in the workplace in 2019 resulted in 20,870 injuries (nearly double the 11,690 assault-related injuries reported in 2011) and 454 fatalities.

In light of the statistics, you must be prepared to confront potential workplace violence on the horizon. Here are some things you should know.

What is workplace violence? According to the Occupational Safety and Health Administration (OSHA), workplace violence is “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide.”

When must employers report workplace violence to OSHA? It depends. OSHA doesn’t have specific workplace violence reporting requirements. Rather, its general reporting requirements apply.

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