Companies across North America are struggling with the problem of workplace violence. One of the most popular solutions involves adoption of a so-called "zero tolerance" policy. Zero tolerance has appeal because it's a claim to the moral high ground and makes a company feel like it's taking a real stand. But is it really a practical solution?

This series will try to answer that question. This week, we'll examine the law of workplace violence; more precisely, we'll discuss how OSHA and Canadian OHS laws regulate workplace violence as a hazard.

Defining Our Terms

The term "workplace violence" is a broad one. For purposes of this series, we'll refer to it as violence taken or threatened by one worker against another, as opposed to a threat from an outside person that might culminate in violence inside the victim's workplace.

What the Law Requires

Workplace violence and harassment have been around a long time. But it's only been in the past couple of decades that people have become aware of the problem. This accounts for the relative absence of specific violence protections in workplace safety laws.

OSHA & Workplace Violence

Many states have adopted laws requiring employers to protect employees against the threat of workplace violence. There's no specific OSHA standard on workplace violence. But employers still have an OSHA obligation to guard against workplace violation.

The basis of that obligation is the so-called OSHA general duty clause (Section 5(a)(1) of the OSHA statute) which requires employers to provide workers a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." OSHA has expressly stated that failure to protect against workplace violence may be considered a violation of the general duty clause [OSHA Interpretation Letter, 2/10/92].

Canadian OHS Laws & Workplace Violence

In Canada, there is no national occupational health and safety law like OSHA. Instead, each province has its own OHS laws. But in terms of substance, Canadian workplace violence law follows the same basic pattern as its neighbor to the south. Currently, there are four provinces - Alberta, British Columbia, Prince Edward Island and Saskatchewan - that have adopted specific OHS regulatory requirements covering workplace violence. Quebec has a regulation banning not only violence but psychological harassment in the workplace.

The OHS laws of the other provinces don't specifically address workplace violence. However, like the OSHA statute, all of the provincial OHS acts contain a "general duty clause" requiring employers to take all reasonable precautions to protect workers' health and safety. And, like OSHA, the provincial regulatory agencies have interpreted the general duty clause to cover the hazard of workplace violence.

Conclusion

The OSHA and OHS laws thus clearly cover workplace violence. But that's only the start. Next week, in Part 2 of this series, we'll look at some of the other laws that impose a duty on employers to protect employees against workplace violence.

MY ENCOUNTER WITH THE OSHA INSPECTOR

The Courtesy Call

By Jim Barnes, GL Services

We are a warehouse/distribution center for Christian Books. A while ago, we had a no-notice OSHA inspection. We had acquired additional warehouse space from our lessor and one of those spaces had belonged to a sheet metal working company. It was that company, not ours, that the inspector wanted to inspect.

I explained to the inspector that the company was no longer here and that I had no idea where they had moved or whether they were even still in business. The OSHA inspector said, "I understand. But I have dedicated my morning to this inspection." He then asked if we would be willing to undergo a courtesy inspection. The inspector explained that the inspection would point out violations, potential violations and ideas about how to improve our safety program. We agreed and he did the inspection.

The inspector was very helpful and willing to take the time to answer all my questions and look at all my files and offer suggestions. After he was done, the inspector pointed out all of the problems and explained why they would have been cited as a violation and what the fines would have been.

This was all very insightful. The experience and inspector's comments inspired me to make some changes in how we approach safety. The inspector also gave me his phone number and told me to call any time with questions. The final benefit was that unless we have a major accident or unless we are reported as an OSHA violator by someone working here, we are exempt from any OSHA audit for five years.

Because of this experience I would highly recommend calling OSHA for a courtesy audit. Getting to know your local OSHA inspectors can be rewarding to your safety program and help you build good relationships with the local OSHA office.

TELL US ABOUT YOUR ENCOUNTERS WITH OSHA/OHS INSPECTORS. Send them to glennd@bongarde.com and let us know if we have permission to list your name and company.

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