Changing the Definition of Workplace Violence: Beyond Office Doors
Can workplace violence occur outside of work? Absolutely, and it’s a critical issue that demands attention.
Key Points to Consider:
– Workplace violence includes acts or threats of physical violence, harassment, and disruptive behavior.
– It can happen inside and outside the workplace.
– Employee safety is vital, even when they’re not at their workstations.
Workplace violence isn’t just confined to the physical office. It can occur in various situations such as during service calls, at public places, or even as employees commute. This violence can stem from job-related disputes, external threats, or personal issues spilling over into work life. For instance, OSHA confirms incidents like robberies or assaults during work activities must be recorded as work-related.
Quick Breakdown:
- Physical violence: Assaults, harmful encounters.
- Harassment and Stalking: Persistent unwanted attention or threats.
- External Events: Robberies, bomb threats, and criminal activities.
The reality: 22% of workers have encountered workplace violence. Not addressing this can lead to serious liability and safety concerns for employers.
I’m Christopher Lyle, founder of the US Employment Lawyers Network. I’ve seen the impact of ignoring workplace violence outside the traditional workspace. My experience has taught me that safeguarding workers’ rights and addressing all forms of workplace violence is crucial.
Here’s a look at how widespread the issue is:
What is Workplace Violence?
Workplace violence is a broad term that covers various harmful actions that can occur at work. It’s not just about physical attacks. It also includes harassment, intimidation, threats, and disruptive behavior.
Physical Violence
Physical violence refers to any act where someone uses force to harm another person. This can range from pushing and shoving to more severe acts like hitting or using weapons. According to the National Safety Council, assault is the 5th leading cause of death in the workplace.
Harassment
Harassment can take many forms, such as verbal abuse, offensive jokes, or unwanted touching. It creates a hostile work environment and can severely impact an employee’s mental health and productivity.
Intimidation
Intimidation involves actions or words intended to scare or coerce someone. This can be as subtle as a threatening look or as overt as a verbal threat. Intimidation can make employees feel unsafe and affect their ability to perform their job.
Threats
Threats are declarations of intent to cause harm. They can be verbal or written and can target an individual or a group. Even if the threat isn’t carried out, it can still create a climate of fear and anxiety.
Disruptive Behavior
Disruptive behavior includes any actions that disturb the normal workflow. This can be anything from yelling and throwing objects to more passive actions like consistently undermining a colleague’s efforts. Disruptive behavior can lead to a toxic work environment and decrease overall productivity.
Workplace violence is a serious issue that affects employees and employers alike. It’s important to recognize all the forms it can take to address it effectively.
Next, let’s explore whether workplace violence can occur outside of work.
Can Workplace Violence Occur Outside of Work?
Absolutely, workplace violence can extend beyond the office door. It’s not confined to the physical workplace and can occur in various off-site locations. This is known as external workplace violence. Let’s dive into some examples and discuss the legal protections and employer responsibilities.
Examples of Workplace Violence Outside the Office
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Domestic Violence: Personal conflicts can spill over into the workplace. For instance, an employee might be harassed or threatened by a partner or ex-partner while on the job. This can happen at the office, during lunch breaks, or even at off-site work events.
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Customer Violence: Customer interactions can sometimes turn violent. An angry customer might follow an employee to their car in the parking lot or confront them during a service call. According to the National Safety Council, such incidents are increasingly common.
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Public Locations: Employees traveling for work or working remotely can also face violence. For example, a sales representative might be assaulted while visiting a client, or a remote worker might be harassed in a public space like a coffee shop.
Legal Protections and Employer Responsibilities
Under the law, employers have a duty to protect their employees from workplace violence, even if it occurs outside the traditional workplace.
OSHA Regulations: The Occupational Safety and Health Administration (OSHA) mandates that employers must provide a safe workplace. OSHA’s Standard Interpretation Letter clarifies that injuries from workplace violence must be recorded, even if they occur off-site, as long as the employee was engaged in work-related tasks.
Employer Liability: Employers can be held liable if they fail to take reasonable steps to prevent workplace violence. This includes conducting risk assessments and implementing safeguards. For example, if an employer knows about a domestic violence threat and does nothing, they could be found negligent.
Employee Rights: Employees have the right to a safe work environment. They can report unsafe conditions or violent incidents without fear of retaliation. Employers must take these reports seriously and act accordingly to protect their staff.
Employers must understand that workplace violence doesn’t stop at the office door. They should have comprehensive prevention programs that consider all potential risks, both inside and outside the workplace.
Next, we’ll discuss who is at the highest risk of workplace violence.
Who is at Risk of Workplace Violence?
Workplace violence can happen to anyone, but some workers are at higher risk than others. Let’s look at the factors that increase the risk and the occupations most affected.
Factors Increasing Risk
High-Risk Occupations: Certain jobs are more prone to workplace violence. These include healthcare workers, public service workers, and lone workers.
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Healthcare Workers: Nurses, doctors, and other healthcare professionals often deal with volatile individuals. Emergency rooms and psychiatric units are particularly high-risk areas. According to the CDC, Type 2 violence, where the perpetrator is a client or patient, is most common in healthcare settings.
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Public Service Workers: Police officers, social workers, and other public service workers also face high risks. They often work in high-crime areas and deal with unstable individuals.
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Lone Workers: Employees who work alone or in isolated areas are more susceptible to violence. This includes delivery drivers, real estate agents, and night shift workers. Without the support of colleagues, they are easier targets.
Working Alone: Being alone can make workers more vulnerable. For example, a home health nurse visiting a patient alone is at higher risk of violence than one working in a hospital with colleagues nearby.
Volatile Individuals: Jobs that involve interacting with unstable or volatile people increase the risk of violence. This includes roles in mental health services, addiction counseling, and law enforcement.
High Crime Areas: Working in areas with high crime rates naturally increases the risk. For instance, a convenience store clerk in a high-crime neighborhood may face more frequent threats or assaults.
Late-Night Shifts: Working late at night or in the early morning can also be risky. Criminals often target these hours because there are fewer witnesses and less security. For example, a nurse assaulted in a hospital parking garage at night is a tragic but real possibility.
Understanding these factors can help employers take the necessary steps to protect their workers. Next, we’ll explore how to prevent workplace violence effectively.
How to Prevent Workplace Violence
Developing a Workplace Violence Prevention Program
Creating a comprehensive workplace violence prevention program is essential for safeguarding employees. This program should start with a zero-tolerance policy toward any form of violence, harassment, or intimidation. This policy needs to be clear and communicated to all employees, clients, and visitors.
Employers should conduct risk assessments to identify potential hazards. This involves evaluating the workplace environment, reviewing past incidents, and considering factors such as working alone or late-night shifts. For instance, healthcare workers in emergency rooms face higher risks due to the volatile nature of their work.
OSHA guidelines suggest developing a written prevention program that includes safety protocols and procedures. This can be a standalone document or part of a broader safety and health manual. The key is to ensure that everyone in the organization understands and follows these guidelines.
Implementing Safety Measures
Once a prevention program is in place, the next step is to implement effective safety measures. These measures can be categorized into engineering controls, administrative controls, and personal protective equipment.
Engineering controls involve making physical changes to the workplace to improve safety. Examples include:
- Improved lighting in parking lots and outdoor areas.
- Controlled access with locked doors and security checkpoints.
- Security technologies like surveillance cameras, metal detectors, and panic buttons.
Administrative controls focus on changing work practices to reduce risks. Some examples are:
- De-escalation training for employees to handle potentially violent situations.
- Procedures for lone workers, such as regular check-ins and detailed itineraries.
- Clear communication methods like cell phones or panic buttons for quick access to help.
Personal protective equipment (PPE) is also vital, especially for high-risk jobs. For instance:
- Body armor for law enforcement personnel.
- Bite-resistant sleeves for healthcare workers handling aggressive patients.
Employee training is crucial for the success of these safety measures. Regular training sessions should cover the zero-tolerance policy, risk factors, and appropriate responses to violent incidents. Employees should know how to report incidents and understand that all reports will be taken seriously and investigated promptly.
By combining these elements—zero-tolerance policies, thorough training programs, and a well-structured prevention program—employers can create a safer work environment.
Frequently Asked Questions about Workplace Violence
Can workplace violence occur at or outside the workplace?
Absolutely, workplace violence doesn’t stop at the office door. It can happen anywhere employees are present. This includes off-site locations, during business trips, or even while commuting.
For example, a disgruntled customer might follow an employee home or confront them in a public place. According to the National Safety Council, workplace violence includes any act of physical violence, harassment, or stalking that occurs at the work site or even outside of it.
What is external workplace violence?
External workplace violence involves threats or acts of violence that come from outside the organization. This can include:
- Customer or client aggression: A customer feels wronged and takes out their frustration on an employee.
- Domestic violence: An employee’s partner shows up at the workplace to confront them.
- Criminal acts: Robberies or assaults by individuals with no connection to the workplace.
Prevention strategies should include risk evaluations, security measures (like on-site guards or ID badges), and training programs to handle potential threats.
Can you get fired for harassing a coworker outside of work?
Yes, you can. Federal law and company policies often extend to conduct outside the workplace. If an employee harasses a coworker outside of work, it can still create a hostile work environment, leading to disciplinary actions, including termination.
For instance, if an employee stalks or threatens a coworker outside of work hours, it can lead to serious consequences under both company policies and the law. Employers have a responsibility to provide a safe work environment, and this includes addressing any external threats that affect their employees.
Employers should have clear harassment policies that outline unacceptable behavior and the consequences of such actions, whether they occur inside or outside the workplace.
Conclusion
Workplace violence doesn’t stop at the office door. It can occur outside of work hours and locations, affecting employees in ways that are both unexpected and dangerous. Employers have a duty to address these external threats to ensure a safe work environment for everyone.
At U.S. Employment Lawyers, we understand the complexities of workplace violence and the legal protections available to you. If you or someone you know is dealing with workplace violence, whether it happens at work or outside, we’re here to help.
For a free case evaluation, visit our website. Our experienced team is ready to stand by your side and advocate for your rights. Don’t wait—take the first step toward a safer, more secure work environment today.
