labor lawAdivision of labor law center

Both 2007 and 2008 have seen several episodes of workplace violence.

The incidents once again point out the necessity for employers to develop strategies for dealing with the problem. Precautions should be taken against such violence by putting an emergency plan in action, taking measures to prevent incidents before they happen, and training both managers and employees in the right ways to respond when violence breaks out.

A gunman began shooting during a city council meeting in Kirkwood, Missouri on February 7. The mayor was wounded and 3 city officials and 2 police officers were killed. The man was described as a political activist who had been removed forcibly from 2 previous city council meetings.

An armed robber killed 5 women on February 2 in a Lane Bryant women’s apparel store in the Chicago suburb of Tinley Park. Pretending to make a delivery to the store, the man bound 6 women with duct tape in a back room of the mall shop. Two of the victims were customers who had come in when the robbery was underway.

The store manager made a 911 call. The robber discovered the call, became angry, and opened fire on the 6, killing 5. A nearby police officer arrived at the scene in one minute, but the robber had fled. The single survivor provided officers with a description of the man.

A campus shooting in DeKalb, Illinois, left 6 victims dead and 16 injured on February 14 before the gunman killed himself. Steven Kazmierczak stormed a lecture hall on the campus of Northern Illinois University (NIU) and opened fire. Professors described him as an award-winning student.

A deadly episode occurred on October 5, 2007 in Alexandria, Louisiana.

A 63-year-old retired city maintenance worker entered a downtown legal office and shot 5 people, including a postal worker who was on the scene delivering mail. The postal worker and the son of an attorney died of their injuries. The gunman, John Ashley, was in a standoff with police for 10 hours. They finally used explosives to enter the building and kill him.

More Workplace Violence

From the tragic massacre at Virginia Tech to a shooting at Delaware State University and a stabbing at an Orlando Denny’s Restaurant, 2007 saw several incidents of workplace violence. The two more recent tragic episodes in Illinois and Missouri were simply the most recent.

A tragic event in September left two 17-year-old students dead at Delaware State. The school went on lockdown and the 1,700-member student body was confined to dormitories. Word of both the shooting and the lockdown went out over cell phones.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with several other law enforcement agencies, assisted campus police in the search for the shooter. Dover, Delaware police interviewed a student about the shooting later.

The Denny’s death during the Labor Day 2007 weekend occurred when an estranged husband stabbed his wife at the International Drive restaurant. Paramedics’ best efforts could not save the woman, who died of her wounds. While the woman was being brutally attacked, several families who had just come from Walt Disney World observed the incident. Customers and coworkers gave chase. The man escaped over a fence, leaving behind a shoe.

The Virginia Tech massacre on April 16, 2007 left 32 students and staff dead and 17 more injured. OSHA, the Occupational Safety and Health Administration, said the shooter demonstrated several signs of impending workplace violence. Seung-Hui Cho was not seeking treatment for his mental illness. He exhibited an unhealthy interest in weapons and flew into rages. He also developed unhealthy crushes on women he barely knew, and would engage in behavior similar to stalking. Police and university officials were criticized for their initial lack of response.

The incident at the University of Wisconsin involved a man who threatened to blow up an area hospital and fired several rounds near the building. Police said the bomb threat was false. The man was attempting to provoke a shoot-out with officers that would end in his death, police said.

“It’s a simple case of attempted ‘suicide by cop,’” said one officer at the scene, Burt Bruins.

Every employer needs to have a plan to prevent workplace violence. Nurses, utility workers, probation officers, mail carriers, and phone and cable TV installers are just a few of the types of workers at risk from workplace violence. No occupation is protected from the hazard. Professionals and blue-collar workers alike face this danger.

There were 94 murders in the workplace in 2006, down from more than 200 annually in the early 1990s, according to the Bureau of Labor Statistics. Every year, more than 2 million people face some form of workplace violence.

Tragically, OSHA (the Occupational Safety and Health Administration) notes that homicide is one of the biggest causes of workplace death, nationwide and in Rhode Island.

Information on preventing workplace violence is available in the form of streaming videos and downloads from the National Institute for Occupational Safety and Health (NIOSH).

Employers should set a zero tolerance policy against violence and set up a prevention plan. Employee handbooks and manuals should include prevention information because all workers should be familiar with company policy on violence. Everyone on the job should realize that every case of violence reported will be looked into and corrected.

It is best that companies use video cameras, alarm systems and extra lighting on the job. Staff should have cell phones and hand held alarms. Access to the job should be limited with I.D. badges, guards, and electronic keys. It is a good policy to keep a drop safe so that cash on hand is limited.

People who work outside the office should file a work plan and keep employers up to date on their locations. Those employees who are uncomfortable leaving the worksite late at night should receive an escort.

Employees who work in the community or in the home are susceptible to violence. That includes visiting nurses, other healthcare workers, probation officers, and psychiatric evaluators to name a few in the social services. Mail carriers, retail workers, taxi drivers, phone and cable TV installers, and gas and water utility workers are at high risk.

Generally those who deliver, work in high crime areas, work alone in small groups, or exchange money face a hazard.

OSHA Rhode Island Worker Safety

There are no guarantees against the risk of workplace violence, but the Occupational Safety and Health Administration (OSHA) has developed a set of steps to prevent, protect and respond. Employees should be trained to recognize, avoid, or defuse violent or potentially violent situations.

If an incident occurs, employees should report it to the police without delay and provide first aid and other medical attention as soon as possible. Employers should tell victims about their rights to take legal action against the perpetrators and should have a discussion with the staff, suggesting that they come up with ideas about preventing future episodes. Counseling or stress debriefing should be offered to everyone.

In the realm of prevention, employees should let a manager or supervisor know about any safety or security concerns. All incidents should be reported in writing and promptly, even if the incident does not seem serious. Warning signs of violent behavior before serious workplace violence include rage, verbal abuse, minor assaults, threats, and property destruction.

Employers should develop a procedure for dealing with violence in the workplace. This should be practiced the way a company practices fire drills. Every threat should be taken seriously by employers and all incidents, no matter how minor they may seem, should be investigated. The worker who punches someone in the arm this week may be the same one who shoots a coworker the following week. Employers should keep records of threats and incidents and take corrective measures.

There are steps employers should take to prevent violence to employees outside the workplace as well. Workers should be warned against traveling by themselves into locations and situations that they are not familiar with. For example, employees should not be scheduled to arrive in a new, strange city at 2 in the morning. Employees who work in the community should be cautioned against flashing jewelry or displaying expensive merchandise.

OSHA has what is called a General Duty Clause. This clause obligates all employers to provide a “safe and healthful” workplace. Taking steps to either prevent or limit the hazards of an episode of workplace violence.

On July 1, 2008, over 650,000 Illinois workers will be affected by a 25 cent increase in the minimum wage, from $7.50 to 7.75 per hour.

This increase is the second step in a multi-year program signed into law in 2006 by Illinois Governor Rod Blagojevich. This law set up a 25 cent per hour increase each year from 2007 to 2010, resulting in a minimum wage of $8.25 per hour in 2010.

These increases are the second set of raises for the minimum wage under the tenure of Governor Blagojevich. In 2003, he raised the Illinois minimum wage from $5.15 to 5.50 per hour. In 2004, the minimum was raised another dollar to $6.50 per hour. Effective July 1, 2008, the minimum wage will have been increased in that four year period by $2.60 per hour.

Each of the current increases will take place on July 1, the first taking place on July 1, 2007, the last on July 1, 2010.

In 2007, Governor Blagojevich stated, “A person who works 40 hours a week should earn enough to care for their family and afford basic necessities. I’m proud that in Illinois, we’ve kept our promise to help working people and make their lives easier after years of neglect at the federal level. It will be a little easier for thousands of Illinois families to pay their bills, put food on the table or buy clothes for their kids.”

Governor Blagojevich also said, “Workers deserve a fair wage for their hard work, and they deserve a wage that keeps up with the increasing cost of living.”

The new law will increase the minimum wage for tipped workers to $4.65 per hour. Employers can pay a training wage of $7.25 per hour to these workers during the first 90 days of employment.

The minimum wage law in Illinois also allows employers to pay their under age 18 workers a lower wage. On July 1, 2008, that rate will go from $7.00 per hour to $7.25 per hour, and the minimum for tipped workers under age 18 will be $4.35 per hour.

Two Illinois Democrats from Chicago, Senator Miguel del Valle and State Representative William Delgado, sponsored Illinois law SB2339, which was signed into legislations by Governor Blagojevich. This law gives the Illinois Department of Labor (IDOL) increased power by creating better provisions for penalties and for enforcement of the state minimum wage laws.

Representative Delgado said, “I would like to thank Governor Blagojevich for signing this legislation, and for his consistency in helping working families get ahead. Thanks to laws like this, Illinois is a leader when it comes to helping working men and women seek employment with decent wages.”

Prior to enactment of SB2339, the IDOL had no effective methods to sanction businesses that refused to pay workers, or delayed a worker’s paycheck.

According to Illinois law, employers are mandated to pay workers at least two times per month, within 14 days after the end of the pay period. The law also states the when employees are terminated they should be paid by the next regularly scheduled pay day.

Prior to SB 2339, when employers ignored the law, the IDOL and employees had no way to assess penalties for the back pay, even for money recovered from a private lawsuit.

Under SB2339, employees can collect a penalty of 2% per month on recovered back pay. In addition, IDOL can collect penalties under the Wage and Payment and Collection Act of 1% per calendar day from companies that refuse to pay earned wages or final pay to workers.

Director of the Illinois Department of Labor, Art Ludwig commented. “We remain committed to protecting the rights and wages of workers in Illinois.”

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) recently published a final rule in the Federal Register that revises existing standards for mine rescue teams for underground coal mines.

The changes to the mine rescue strategy are a direct result of last year’s tragic failed rescue mission at Crandall Canyon mine in Emory, Utah. That effort was led by Richard Stickler, MSHA Acting Assistant Secretary for Mine Safety.

The MSHA final rule implements Section 4 of the Mine Improvement and New Emergency Response (MINER) Act of 2006 to improve overall mine rescue capability, mine emergency response time and mine rescue team effectiveness.

Another change to the law calls for increased quantity and quality of mine rescue team training.

“The presence of qualified, well-trained mine rescue teams is one of our greatest assets during a mine emergency,” said Richard E. Stickler, Acting Assistant Secretary of Labor for Mine Safety and Health. “This regulation will help ensure that no matter where or when a mine accident occurs, dedicated men and women will be readily available and properly trained to assist in the rescue of their comrades underground.”

Reportedly, one of the problems at Crandall Canyon was that rescue team members were unavailable or poorly trained.

The new regulations for rescue teams include:

• Requires a person knowledgeable in mine emergency response be present at each mine on each shift and receive annual emergency response training using an MSHA-prescribed course.
• Requires two certified mine rescue teams for each mine and includes criteria for certifying the qualifications of a mine rescue team.
• Requires mine rescue team members be available at the mine within one hour from the mine rescue station.
• Requires team members to participate in training at each mine serviced by the team (a portion of which must be conducted underground), and be familiar with the operations and ventilation of the mine.
• Requires team members to participate annually in two local mine rescue contests.
• Provides for four types of mine rescue teams: mine-site, composite, contract and state-sponsored.
• Requires annual training in smoke, simulated smoke or an equivalent environment.
• Increases required training from 40 to 96 hours annually.

The final rules were published after MSHA held four public hearings in Salt Lake City, Utah; Lexington, Ky.; Charleston, W.Va.; and Birmingham, Ala. In response to a request from the public, MSHA extended the comment period from Nov. 9, 2007, to Nov. 16, 2007.

In 2006, the United States experienced two tragic mining accidents. Early in the year in Melville, West Virginia, a fire broke out at the Aracoma Alma Mine. Smoke filled the escape routes and two miners were killed. Later, the Darby Mine No.1 mine in Kentucky suffered an explosion which killed five workers.

On June 15, 2006, the MINER Act was signed into law. According to MSHA, the U. S. Department of Labor’s Mine Safety and Health Administration, the MINER Act made significant improvements in safety for miners across the nation.

“The MINER Act was the most significant federal mine safety law in nearly 30 years, and we at MSHA are fully committed to putting its protections in place for America’s miners,” said Richard E. Stickler, assistant secretary of labor for mine safety and health. “MSHA has made great strides in implementing the MINER Act in the past year, and we are continuing to meet or beat the deadlines set by the act.”

Though the MINER Act introduced major changes in the ways the mining industry does business, the Act couldn’t prevent the 2007 Crandall Canyon coal mine accident at Emory County, Utah.

The Crandall Canyon mine collapsed, trapping 6 miners. Initially, reports indicated the miners were trapped in a safe area, one with enough air, potable water and emergency food supplies.

Unfortunately, the Crandall Canyon rescue attempts were unsuccessful. Ten days into the rescue three additional miners were killed as well. None of the original 6 miners were recovered, and the mountain basically fell in on itself.

Another tragic workplace shooting underscores the fact that every employer should take steps to prevent violence in the workplace. In addition, employers should have a plan in place to react quickly to any violent incident.

On February 14, a former graduate student at Northern Illinois University (NIU) in DeKalb opened fire in an oceanography class. Five students were killed and more than a dozen, including a professor were injured in the shooting spree, before the shooter turned the gun on himself.

The gunman, dressed all in black, stormed into the classroom about 3 pm on Thursday and began firing into the crowd of 100 students. About half the students tried to run out of the lecture hall, while the others fell to the floor and hid under desks. Within seconds, 15 people were wounded and 6 were killed. One victim died of wounds in the following days.

The shooting took place just 15 minutes before the class was scheduled to end.

Authorities have identified Steve Kazmierczak, 27, a former grad student at NIU as the lone shooter. Every indication at this point is that he acted alone.

Kazmierczak was a former sociology grad student at NIU who had transferred to the University of Illinois at Champaign/Urbana about a year ago. He apparently chose the ocean science classroom at random, without knowing any of the students or the professor.

Kazmierczak’s motives are unclear. His knowledge of criminal justice – one of his areas of study – enabled him to conceal evidence from the police. Because Kazmierczak destroyed his computer hard drive and vital chips in his cell phone, authorities can only speculate on his motives.

Kazmierczak’s girlfriend insists that he was as much a victim here as any of the other fatally injured students. Kazmierczak was on three drugs for anxiety and depression, although he had recently discontinued one. He is described as an honor roll student

One of the major concerns for the Occupational Safety and Health Administration (OSHA) in Ohio and throughout the country is violence in the workplace. Sadly, homicides make up a major portion of that violence. According to the Bureau of Statistics, over 200 murders occurred on the job in the early 1990s. The number has decreased over the years, with 94 murders reported in 2006, but homicides are still a major factor.

OSHA defines violence as threats, verbal abuse, physical abuse, assault or homicide and is concerned about both workplace violence and the threat of violence against workers. Over 2 million Americans are victimized by workplace violence every year, blue collar workers and professionals alike. OSHA recommends several steps to help prevent violence on the job.

OSHA suggests equipping workers with cell phones and hand-held alarms, providing a safe drop for employees so less cash is on hand, and installing alarms, additional lighting and video surveillance cameras.

All employers should also establish an antiviolence program in the workplace. Detailed safety measures should be provided in writing to the employees (normally in the employee handbook), and all workers should be trained how to prevent and how to react to violent scenarios.

Zero tolerance by employers toward workplace violence is especially helpful as a deterrent. Companies need to ensure that all workers understand the antiviolence programs and know that violent incidents should be reported immediately. Businesses are required to promptly investigate and remedy these scenarios.

Unfortunately, certain occupations put workers at higher risk for violence, particularly jobs where employees deal with the public. These occupations include utility workers, cab drivers, mail carriers (and all workers who deliver packages, goods and services), and employees who provides social services (healthcare workers, social workers probation officers).

As a safety measure, outside salespeople and others who work away from an office should file their work plan with their employer and call in on a regular basis with their whereabouts.

For further information, employers can contact the National Institute for Occupational Safety and Health (NIOSH) to obtain material on preventing workplace violence.