Lesson 2: Topic 1 of 6
Boundaries help us keep the good in and the bad out.Henry Cloud lnha lnfa rcal ala hcbs renewal NAB NCERS CEU Culture LPC LMFT NPC
Given the information presented so far, hopefully it is clear that it’s in the employer’s best interest to prevent and address bullying, harassment, and other similar conduct. This is done by developing strategies to deal with workplace conflicts and head off violence as much as possible.
Currently, while there are a few states which have put in place laws or statutes mandating that employers address workplace violence, there is nothing like this at the Federal level. Some government agencies do offer technical assistance and advice, but those have no ‘teeth’ for enforcement. It is noteworthy, however, that the General Duty Clause of the Occupational Health and Safety Act, which requires establishments to provide employees a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm,” has at times been interpreted to include protection from acts of violence. The SCOTUS Faragher v. City of Boca Raton decision in 1998, for example, a much stronger ruling than the Vinson case mentioned earlier, which clarified the Civil Rights Act of 1964 to include sexual harrassment. This new decision said that companies are required to prevent and not simply react to a hostile workplace. That same year the high court went further in Booker v. Budget Rent-A-Car. That ruling was the first decision to say that racial harassment can contribute to creating a hostile workplace, holding the plaintiff liable for not having taken steps to prevent a racially hostile workplace.
By assessing their worksites, employers can identify methods for reducing the likelihood of violent incidents occurring. Even without being forced to deal with Federal code compliance, employers must address this issue ― not merely to avoid the associated monetary costs, not merely to avoid the associated monetary costs, but to simply do the right thing.
A Workplace Violence Protection Program (VPP) is a crucial component of the safety program at your jobsite. Business owners, operators, and leaders, in consultation with safety professionals, should develop policy and procedure on workplace violence that includes, at minimum: