by Jason Morris

California has always been years ahead of other states when it comes to protecting employee rights.  Some of their mandates are outright scary for employers….but in the end everyone complies.  The concepts are usually very simple, their execution is sometimes rather difficult.  This one is easy; employers must provide a safe working environment for their employees.  Step number one, do a background check.  Not knowing who your employees are is a recipe for disaster.  These workplace mandates are the closest thing to a law requiring background checks and employment screening we have ever seen! (Shameless plug - See our recent white paper on workplace violence)

Violence prevention is the law

California employers are legally required to provide a safe and healthful work environment for their employees.

As part of their efforts to maintain such an environment, employers should establish a workplace violence prevention policy that educates employees on the illegality of acts of violence or threats of violence against employees in the workplace. The policy should also explain what constitutes unacceptable behavior and consequences for such behavior. One of the most important elements in any prevention plan is a zero-tolerance policy for threats, harassment, intimidation, violent acts and weapons possession.

If, in spite of all efforts to provide a safe and healthful workplace, an employee becomes a victim of unlawful violence or credible threats of violence while at work, the employee can request the employer to obtain a temporary restraining order on his or her behalf to protect the employee from the violent person.

The California Code of Civil Procedure offers the following definitions in this situation:

“Unlawful violence” is any assault, battery or stalking, as defined in the California Penal Code.

“Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, that show consistent purpose, including following or stalking an employee to or from work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, fax, or computer e-mail.

In order to obtain a restraining order, the acts or threats of violence must be reasonably likely to be carried out, or have been carried out, in the workplace; however, they need not be committed by a co-worker. Anyone who acts against or threatens an employee in the workplace is in violation of the law and can be subject to a restraining order.

More

by Nick Fishman

Houston Astros Pitcher Shawn Chacon has been suspended indefinitely for grabbing the General Manager, Ed Wade, by the throat and throwing him to the ground.  For those of you playing at home, this is not the correct way, even in Major League Baseball, to move up the corporate ladder.  And while professional sports has been abnormally tolerant of aberrant behavior, even they have their breaking point as it looks like Chacon has most likely disqualified himself from ever playing again as a result of this workplace violence issue.

I found the following excerpt from an article written by baseball writer, Richard Justice revealing, because it shows that the Astros performed some type of background check (at least an employment verification).  They evidently just chose to ignore the signs that such an incident was predictable.

Choking GM likely ends Shawn Chacon’s career

HOUSTON — It was both frightening and surreal to those who saw it. Houston Astros pitcher Shawn Chacon rose from his chair, wrapped his hands around general manager Ed Wade’s throat and threw him to the floor.

After all the tantrums and all the dumb stuff and all the people who have forgiven Chacon through the years, he finally crossed the line Wednesday. He might long regret the day he likely ended his own big league career.

Chacon did it himself. He’ll look for scapegoats. He’ll blame others. He’ll look everywhere except the mirror. That’s what people like Chacon always do.

In the end, though, everything that has happened to Shawn Chacon has been because of Shawn Chacon. This incident can’t be forgiven or forgotten. Not by the Astros. Not by any other club.

Wade had approached Chacon and requested a meeting after the pitcher lashed out at Astros manager Cecil Cooper for demoting him to the bullpen.

Chacon refused. He challenged Wade to say what he had to say. Wade did. Loudly.

This wasn’t Wade’s finest hour, either. To ask for a meeting is one thing. To resort to yelling and cursing reflects a lack of maturity on Wade’s part as well. Some who have known Wade through the years have thought he had a large streak of insecurity and a little man’s complex.

View the full story here . . .

by Nick Fishman

We just learned of an unfortunate workplace violence story out of Henderson, Kentucky.  An employee of Atlantis Plastics went on a shooting rampage and killed 6 fellow employees before turning the weapon on himself after an argument with his supervisor.  This is obviously a horrible tragedy.

Coincidentally, I just met with Barry Nixon, Executive Director of the National Institute for Prevention of Workplace Violence and we were just talking about the fact that the number of incidents of workplace murders has been on the increase in the last year after declining significantly throughout the last 10 years.  Barry pointed to the increase in background checks as one reason the number had been declining.

Click on the link below for the full story:

Deadly Workplace Shooting a ‘Total Shock’

by Nick Fishman

I just found a great article in QSR Magazine: “How Restaurant Owners Can Avoid Violence in the Workplace“. The advice given by Greenberg Traurig attorney Todd Wozniak is not only great for those in the restaurant business, but for the marketplace in general. Some of the tips he offers are as follows:

Diligent hiring and supervision: Conduct a criminal background check on applicants. Be certain, however, that the scope of the background check on the employee does not run against laws that protect employees’ privacy, such as the federal Fair Credit Reporting Act, and that the interview not include impermissible questions about past drug and alcohol use and psychiatric conditions which may violate the Americans with Disabilities Act.

Create a threat management team: Members can include professionals from human resources, the legal department, outside counsel, upper management, security, employee assistance program representatives, front line supervisors, and representative employees.

Assess vulnerabilities on a regular basis: Starting places for security audits include workers’ compensation records, employee disciplinary files, OSHA reports, security reports, and personnel files.

Adopt violence prevention policies: At all times, the policy should be sensitive to and protect the confidentiality of victims. In addition, the policy should include referrals to local resources for victims of violence.

Read the full story here . . .

by Jason Morris

Not an article about background checks but a nice take on Workplace Violence.

ASSE Joins Brief to Support Employer Rights

March 12, 2008

The American Society of Safety Engineers (ASSE) joined with ASIS International and the Brady Center to Prevent Gun Violence in recently filing an amici curiae brief urging the United States Tenth Circuit Court of Appeals to affirm a 2007 federal district court ruling that found two so-called “forced entry laws” in Oklahoma unconstitutional. The Oklahoma laws would have prevented employers from setting workplace safety rules barring guns to be brought on employer property in a locked vehicle.