Vol. 6
No. 2 Summer 2001 INSIDE OSHA Revises Workplace Injury and Illness Reporting Rule. DOL Narrows Exemption for Labor Relations Consultants. Interim Rules Issued for Bush Executive Orders of Feb. 17th, 2001. FMLA: "Serious Health Condition" Being Redefined. ADA: Medical Examinations / Inquiries Addressed by 3rd Circuit Court. Briefs Violence Updates (Briefs) |
Braun Consulting News See our Archive Pages for Back Issues of Braun Consulting News!
1. Employers Fight To Remain Gun Free
The workplace-shooting sprees of this year have once again reminded
employers that an unstable worker and a weapon can be deadly. The
issue of whether a worksite is safer with or without guns is one that is
still being debated all across the country.
While many employers implement weapons-free workplace policies for
safety reasons, gun rights proponents contend that disarming workers
actually poses a greater threat to their safety. Some employees
argue that their employers can never adequately protect them... whereas they
themselves can have some immediate recourse in a life-threatening
situation if they are allowed to carry a weapon.
In a case that gives us an example of this issue, three employees in
Utah have filed a lawsuit against their employer, claiming the
company violated their right under state law to carry a concealed
weapon by terminating them for possessing guns at the worksite. Some
32 states, including Utah, allow non-felons to carry concealed
weapons.
We can expect to see more lawsuits as a result of a wider variety of
situations arising in the tinderbox of a more violence-prone society
mixed with the uncontrollable rage and frustration of people all
around us. Road Rage, Air Rage, Desk Rage, and other rising levels of
stress and violence in our society spell increasing trouble in the
workplace, with a growing level of legal remedies being applied to stem
this tide.
2. Agency in MA. Urges Employers to Take Precautions Against Violence After Latest Slayings
The Massachusetts Executive Office of Public Safety issued an
advisory on creating safer workplaces as a result of the worst
incident of workplace violence in the state's history. They put up a
Website at:
http://www.state.ma.us/eops/workplace.htm
The incident, which triggered this latest response by the State, was
the shootings at Edgewater Technology Incorporated in Wakefield,
Massachusetts. Another so-called "disgruntled" employee allegedly
shot and killed seven co-workers in this tragic case.
According to the agency, employers should take three steps to
increase security in the workplace: conduct regular threat
assessments evaluating both internal and external risks, develop
plans for building security, and prepare response plans "to minimize
casualties and damages" from workplace violence.
"There are always warning signs," says Mark Braverman, principal at
CMG Associates, a consultancy in Newton, Massachusetts, and author of
"Preventing Workplace Violence."
"I like it," says Braverman, "when companies call me and say, 'We
have someone here who we are concerned about,' not 'We just fired
someone, and we're afraid he's going to come back and kill us.'"
"The big problem is that workplaces can be extremely stressful, and
people feel resentful and isolated," Braverman says.
"Workplace violence is a leadership issue. The trick is to foster
communication and to have a good safety net for those folks who need
help."
Companies should establish reporting procedures and policies for
handling dangerous behavior and signs of stress among their own
employees, the MA State agency added. They also should evaluate
outside threats from extremists and those with grudges against them.
3. Worker With Depresssion Threatened Violence - Employer Was Justified In Firing
A civil rights investigator with depression who made comments about
shooting someone at work was properly terminated by a state agency
because she was a threat to others in the workplace, the U.S. Court
of Appeals for the Eighth Circuit ruled.
The agency, the court wrote, "could not afford to ignore [the plaintiff's] admitted statement regarding shooting someone at work, particularly in light of other factors which
indicated that [she] was not mentally stable."
The Eighth Circuit covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
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