Workplace or occupational violence including both verbal and physical aggression, harassments, abuse, threats and other acts of aggression for a long time has been a major issue in occupational safety and health practice. According to statistics collected by the Bureau of Labor Statistics in the US Department of Labor, 17% of workplace injuries, where 10% are homicides, are attributed to violence at work; moreover, homicides among women amount to 21% of all occupational fatalities, compared to 9% among men (US Department of Labor, Bureau of Labor Statistics, 2013). This paper investigates the case of workplace violence presented by J. R. Roberts and pursues answers to the following questions: how a tragic event could have been prevented, what were the warnings signs that led to violence, how should the employees’ complaints have been handled and investigated, and why would the company be held liable for negligent retention?
While this case is almost a perfect example of negligent retention and supervision, it is obvious that opportunities to avoid tragedy have been present at every moment, until the violence reached its peak. First of all, there have been numerous warning signs exhibited by Robert, showing that he was definitely unstable, violently inclined and capable of committing acts of aggression at the workplace (Roberts, 2004, p. 1-2). For example, the pharmacist experienced severe mood swings and his unpredictability manifested in being absent from work for weeks without explanation.
The management also received numerous customer complaints that described Robert as “rude and abusive,” he often threatened or swore at the coworkers and tried to attack a customer, threatening to shoot him (Roberts, 2004, p. 1). Finally, Robert has had fits of rage during which he tended to property destruction: “[he] began to scatter pills in all directions, hurl a clipboard across the room” (Roberts, 2004, p. 2). The employees, both co-workers, including the victim, and managers, filed complaints at Robert, but no action was taken by the corporate headquarters. However, their responsibility was to review these complaints according to a procedure that allows for safe and confidential reporting of all incidents. Later the case should have been investigated by an independent manager from the headquarters or a health and safety officer.
Measures should have been taken in compliance with local legislation and company safety rules. Since none of these steps have been taken by company’s HR and management, it should apparently be held accountable for corporate negligence: while all the evidence was present, that an employee posed a danger to other employees and customers, as well as the company’s property, the company has aggravated the situation, trying to escape liability by scheduling a meeting with individuals involved and a responsible district manager who was newly promoted and did not possess any previous knowledge of the issue. The meeting ended without any resolution, which meant the process was temporized deliberately.
All of these facts illustrate that an opportunity to prevent the tragic events was actually present; however, none of the designated individuals wanted to take responsibility for the issue. Besides initiating an investigation on Robert, there were other alternatives for preventing the violent acts; for example, Floria, who had all the reasons to fear Robert, could have been given a leave of absence, Robert could have been relieved of his duties or given leave as well. The police could have been summoned after one of the acts of aggression by co-workers, management or customers. In the retrospective view, it is also evident that Robert should not have been given this position at all, which also meant that no behavior assessment or background checks were made upon his hiring. Still, despite the variety of options, no action has been taken which led to permanent and tragic consequences.
References
Roberts, J. R. (2004). Writings on Workplace Violence. Case One: “Floria”. Web.
US Department of Labor, Bureau of Labor Statistics. (2013). Census of Fatal Occupational Injuries, 2011.