By Brent I. Clark, Mark A. Lies, II, Adam 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.
By Helen M. McFarland and Amanda J. Hailey
Seyfarth Synopsis: The Department of Labor and Industries (L&I) issued its first citation against an employer for violating Washington’s Safe Start Order.
As set forth in our May 28, 2020 blog post “Prohibited Business Activities and Conditions for Operations,” the State of Washington is enforcing its Emergency COVID-19 Safety
Continue Reading First Employer Cited For Violating Washington’s Safe Start Order
By James L. Curtis, Mark A. Lies, II, Adam 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
Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection.
A District Court Magistrate Judge recently recommended that the Court quash a warrant “improvidently granted” to OSHA to expand an accident investigation into a broader
Continue Reading Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”
By James L. Curtis and Craig B. Simonsen
Seyfarth 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 Mark A. Lies, II and Craig B. Simonsen
Employers 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
Consider this not-so-hypothetical example. An employer in California receives a citation from Cal/OSHA for a relatively minor safety violation involving no employee injuries. Maybe the citation was for inadequate training on a particular workplace hazard. The citation carries with it a penalty of $500. The employer could appeal the citation, and spend perhaps thousands of dollars
Continue Reading Cal/OSHA Considers Changes to Its Policy on “Repeat” Violations — With Significant Implications for Employers
By James L. Curtis and Craig B. Simonsen
In order to prove an OSHA violation the Secretary of Labor must show that the employer had “knowledge” of the violation. Often that is established through supervisors because a supervisor’s knowledge can be imputed to the company.
However, what do you do when the supervisor is the one engaged in the wrongful
Continue Reading Employer Liable for Supervisor Actions? Well, Not Always