By Brent I. Clark, Mark A. Lies, IIAdam R. Young, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and other COVID-19 precautions.

On March
Continue Reading CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

By James L. CurtisMark A. Lies, IIAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: In its introduction to its New Active shooter training materials, the Illinois State Police note that “civilians that are present at any given incident are the true first responders.”

The Illinois State Police (ISP) have developed and are making
Continue Reading Illinois State Police Provide Training on Active Shooter, Workplace Violence

By James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: With the seemingly random workplace violence that continues unabated, many employers are again asking how best to protect their employees.

We had blogged previously about “Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?”  In addition, we blogged
Continue Reading Workplace Violence and Shootings in the Spotlight

By James L. Curtis and Craig B. Simonsen

iStock_000041284206_MediumSeyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop comprehensive workplace violence prevention programs and training.

With the wave of violence that has gripped the nation this summer, many clients are again asking
Continue Reading Wave of Shootings Puts Workplace Violence Back in the Spotlight

By Adam R. Young and Craig B. Simonsen

Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace.  The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the workplace, it is not the most common.”

The FBI defines workplace violence as “any physical assault, threatening behavior or
Continue Reading Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?

By James L. Curtis and Craig B. Simonsen

iStock_000060649530_MediumThe Occupational Safety and Health Administration (OSHA) has just released a substantial update to its Field Operations Manual (FOM), CPL 02-00-159 (October 1, 2015). The FOM is a reference document for OSHA field personnel that provides enforcement policies and procedures in conducting OSHA investigations.

In his related blog, OSHA Administrator David
Continue Reading OSHA Updates its Field Operations Manual

By Mark A. Lies, II and Craig B. Simonsen

shutterstock_171692768Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.

In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma

By Mark A. Lies, II and Craig B. Simonsen

shutterstock_171692768An Occupational Safety and Health Review Commission Administrative Law Judge has determined that a healthcare provider company did not protect a social service coordinator, who was fatally stabbed outside her client’s home in December 2012.

According to the OSHA news release, the healthcare client had severe mental illness and a
Continue Reading Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client

By James L. Curtis and Craig B. Simonsen

OSHA has recently posted to its website its Severe Violator Enforcement Program (SVEP) White Paper and concludes that “employers have been paying attention”.

The SVEP, which became effective on June 18, 2010, was intended to focus enforcement efforts on “recalcitrant employers” who demonstrate indifference to the health and safety of their employees

Continue Reading OSHA Publishes Severe Violator “White Paper”

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration (OSHA) has released a new Directive that is for training OSHA representatives in communicating investigation procedures with family members following a workplace fatality. Communicating OSHA Fatality Inspection Procedures to a Victim’s Family, CPL 02-00-153.

The Directive seeks to “ensures that OSHA representatives speak to the

Continue Reading OSHA Issues New Directive on Communicating with Family Members Following Workplace Fatality