An employee was shot and killed during an armed robbery in an Irvington, New Jersey convenience store last October. The employer was recently issued a willful violation by the Occupational Safety and Health Administration (OSHA) for a history of violence at the store and for doing nothing to implement safety measures to protect employees. But what are the OSHA requirements, and what steps can employers take to keep their workers safe from being shot during holdups? Today we will review OSHA requirements for keeping workers safe from active shooters, and tomorrow we will offer tips for protecting workers in retail operations.
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Retail Workers at Highest Risk
According to the Bureau of Labor Statistics (BLS), there were 749 fatal work injuries due to violence in 2014. Of those deaths, 409 were homicides. In addition, over 26,000 incidents of violence led to injuries that involved days away from work.
According to the National Institute for Occupational Safety and Health (NIOSH), robbery-related homicides and assaults are the leading cause of death in retail businesses. Workers in convenience stores have seven times a higher rate of work-related homicide than workers in other industries.
General Duty Clause (GDC)
OSHA holds employers responsible for preventing workplace violence under the GDC, which requires employers to maintain a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to workers. The GDC is cited when OSHA issues penalties for workplace violence incidents.
Note. Some states have State Plan Standards that address workplace violence. If you operate a business in any states with State Plan Standards, be sure you are aware of the most current standards.
Enforcement Directive
In 2011, OSHA issued a directive for inspectors investigating workplace violence incidents. In the directive, OSHA identified late-night retail settings and such places as convenience stores, liquor stores, and gas stations as high-risk industries for violence due to armed robberies. Factors that put late-night retail employees at risk include the exchange of money, 24-hour operation, solo work, isolated worksites, the sale of alcohol, and poorly lit stores and parking areas.
When conducting inspections, inspectors are encouraged to request all information regarding worker training programs and other methods used to inform workers of the potential for, and prevention of, workplace violence. Inspectors are also told to interview all employees on all work shifts (if available) who observed or experienced any acts of workplace violence. In addition, inspectors should also interview first responders, police officers, managers, and any others who observed the incident or its aftermath.
Liability Goes Beyond Penalties
It’s not just penalties that you need to worry about when a shooter enters your store. According to a BLR® webinar, Active Shooter in the Workplace, there are other costly liabilities:
- Active assailants seek to do as much damage as possible.
- Active shooting events trigger customers to take business elsewhere, regardless of whether there is a connection between the shooter and the business.
- Business continuity is disrupted across the entire enterprise network, impacting customers, employees, investors, operations, and revenue stability, regardless of incident location.
- Employee productivity and confidence is undermined.
- Death and injury can lead to general liability claims, workers’ compensation claims, and other casualty insurance claims in addition to litigation.
- Property damage can shut down operations and revenue during repair.
Act Before Violence Occurs
Environment, health, and safety (EHS) managers are key players in ensuring that their companies have taken steps to reduce the probability of violence in the workplace. The optimal time to address workplace violence is before any incidents have occurred.
When OSHA cites an establishment for a workplace violence incident, the employer will generally be required to develop a comprehensive workplace violence prevention program. The program should include:
- A plan that focuses on the risks most likely to affect your workplace;
- Management commitment and worker involvement;
- Worksite analysis that assesses your facility’s strengths and weaknesses, both physical and procedural;
- Hazard prevention and control;
- Safety and health training with procedures for your workers to follow during acts of workplace violence;
- Periodic drills for your workers to practice the actions they should take during a workplace violence emergency;
- Recordkeeping; and
- Program evaluations.
Check tomorrow’s Advisor for some tips for retail establishments to protect their workers from being injured or killed during an armed robbery.