Regardless of what the upper management at the CSU Widget Factory might believe, the organization would be responsible for workplace violence cases. According to the Occupational Safety and Health Act of 1970, employers must provide staff with a workplace free of hazards that may cause death or severe physical harm (Occupational Safety and Health Administration [OSHA], n.d.a). OSHA (n.d.a) states that the courts have interpreted this clause as grounds for placing legal obligations on employers. Therefore, an organization that ignores the OSHA recommendations for workplace violence prevention would be liable if such negligence results in death, physical injury, or moral damage.
Consequently, the CSU Widget Factory’s upper management should realize that workplace violence is a serious issue. A conscientious employer is expected to observe the OSHA recommendations. Therefore, denial would not lift the legal responsibility from the company if the workplace violence victims decide to sue the company. The court would likely take the plaintiff’s side, which would result in financial and reputational losses for the organization. As such, the management at CSU Widget Factory should consider measures that would reduce the company’s liability in workplace violence incidents instead of denying the potential liability.
Employers have various policy options for workplace violence prevention and liability reduction. One can divide these options into proactive and reactive categories. In terms of proactive solutions, an organization can introduce a strict zero-tolerance policy toward workplace violence committed against or by employees. This policy must be incorporated in employee handbooks and manuals of standard operation procedures (OSHA, n.d.b). Furthermore, the organization may create additional proactive protection against liability by providing detailed safety education to the employees (OSHA, n.d.b). As a result, the organization would fulfill its obligations before the workers by offering instructions on preventing workplace violence escalation or reacting to such incidents.
In case workplace violence incidents occur despite the preventive policies, an organization can reduce its liability via correct reaction. In particular, OSHA (n.d.b) recommends providing prompt medical treatment to the victims, reporting workplace violence cases to local police, and discussing the incidents with staff members. While dissatisfied employees, customers, or their families may still attempt to file a lawsuit, the organization would be able to counter their claims by showing that all necessary measures were taken to resolve the incident. Moreover, a victim may file a lawsuit against an individual offender rather than the whole organization if they are treated respectfully. In this regard, a business entity would benefit from acknowledging the potential liability in workplace violence incidents instead of denying the liability altogether.
In summary, one can conclude that the OSHA recommendations put certain expectations on employers. In particular, conscientious organizations are supposed to create a hazard-free occupational environment, which includes a respectful attitude toward the workplace violence issue. An average organization has two options to reduce the potential legal liability in workplace violence incidents. A proactive option lies in zero-tolerance policies and professional education, while the reactive option focuses on the correct response to incidents. An optimal solution would combine both pathways in order to prevent workplace violence and provide the victims with respectful treatment if such incidents occur. In this regard, denial of liability puts an organization in a highly vulnerable position since such an approach effectively dismisses the Occupational Safety and Health Act of 1970 and OSHA recommendations. In the end, the dismissive attitude toward workplace violence would shift the liability to an organization if the victims decide to file a lawsuit.
References
Occupational Safety and Health Administration. (n.d.a). Workplace violence: Enforcement. Web.
Occupational Safety and Health Administration. (n.d.b). Workplace violence OSHA fact sheet. Web.