Whether it’s a fistfight between co-workers or a disgruntled customer coming in to settle a score, workplace violence is something employers must plan for. According to the U.S. Department of Justice, there were more than 709 workplace homicides in 1998. The same Justice Department study reported a total of two million violent incidents occurring in the workplace during a five-year period from 1993 to 1998, including one million simple assaults and 400,000 aggravated assaults. These figures understate the problem because most incidents of workplace violence and aggression go unreported.

A study conducted by the Workplace Violence Research Institute estimated the cost of workplace violence to American businesses to be at least $36 billion per year. Costs include medical and psychiatric care, lost business and productivity, repairs and clean up, higher insurance rates, increased security costs, and worst of all, the loss of valued employees. In addition, business owners are increasingly being held liable for not making their premises safe for employees and customers. Potential areas of workplace violence-related litigation that should concern employers include civil actions for negligent hiring, workers compensation claims, third-party claims for damages, invasion of privacy actions, and Occupational Safety and Health Administration violation charges.

Screening applicants

The first step in preventing workplace violence is careful hiring. Investigate the applicant's background to determine fitness for the job. Be aware that some experts in workplace violence believe that placing demands on employees that they are not equipped to handle can lead to excess stress and possibly to violence. Be cautious about hiring someone for a job for which he or she is clearly underqualified, thinking the individual will have time to "grow into it." It also helps to keep in mind that 10 to 30 percent of applicants distort the truth or lie on the resume.

In the interview, ask questions that can help identify applicants who may be prone to violence. Typical questions include: What would you do if a fellow employee called you a bad name? Embarrassed you in front of others? What did your previous boss do that made you mad? Tell me about a past supervisor you admired. It is a clear warning sign that a person has problems getting along with others if he can not identify a single past supervisor he liked.

Obtain authorization for employment history from prior employers and a criminal records check. Although it will cost $50 to $200 for a thorough background check, that money is well spent considering the potential exposure from negligent hiring. One restaurant company learned this lesson all too well when a 16-year-old female employee was raped by her assistant manager. The assistant manager had previously been convicted of sexual abuse and had been reprimanded for sexual harassment. A jury awarded the young woman $6.5 million.

The Society for Human Resource Management has listed numerous reasons for violent acts. Among the most common were personality conflicts, marital or family problems, and drug or alcohol abuse. Consider drug and alcohol testing, as well as aptitude, personality, and honesty testing to uncover problems in these areas. Carefully implemented, such tests are legal. At least one court case has held that psychological tests designed to identify undesirable personality traits, such dishonesty and an inability to work with others are not precluded by the Americans with Disabilities Act's (ADA's) prohibition against pre-offer medical exams. Employers may not, at the pre-offer stage, use medical tests designed to diagnose mental impairments (as opposed to personality traits). Although the ADA precludes employers from discriminating against those who have suffered drug or alcohol addiction in the past, the act specifically excludes the current use of illegal drugs or alcohol from its protection.

Current employees

Often, in the aftermath of a violent incident a colleague or neighbor will say, "He just snapped." This is rarely the case, however, as an extensive study by the New York Times published in April, 2000 pointed out. An examination of 100 rampage murders (some occurring in the workplace and others outside of it) found the most of the killers "spiraled down a long slow slide, mentally and emotionally." According to the study, most killers gave multiple signs that they were in trouble. With this in mind, employers should be alert to some of the predictors of violent behavior. These include employees who: use intimidation, talk about weaponry, exhibit paranoid or anti-social behavior, feel they're not being heard by the company, express extreme desperation, have a history of violence, are loners who don't fit in with the group.

Conduct training to familiarize employees with these warning signs, and inform all employees to contact the HR Department regarding any questionable behavior by co-workers. It is particularly important that HR personnel are made aware of threats. In 63 of the 100 cases investigated by the New York Times, the killers had made threats of violence to others in the past.

Adopt a zero-tolerance policy that addresses signs of potential violence. Such a policy should clearly state that threats, intimidation, destruction of company property, and violence in any form will not be tolerated and provide for progressive disciplinary action for such conduct.

Promptly investigate employees whose fitness for the job is called into question. Emphasize to supervisors the importance of being sensitive to situations in which an employee's performance, attendance, attitude, or behavior change over a short period of time. In addition, supervisors should be trained to perform truthful, objective, and unbiased performance evaluations.

After receiving a report of a potentially dangerous employee

Employers must take immediate action. Interview the informant and others involved while preserving their confidentiality. Mask the identity of specific informants by interviewing everyone in a department or work area.

In the case of threats, consider developing a Threat Incident Report that documents the specific details of the incident as well as any physical conduct that would substantiate an intention to follow through with the threat, how the threat-maker appeared (physically and emotionally), how the incident ended, any history leading up to the incident, and so on.

If the problem employee is targeting a particular employee, consider moving the harasser to a work area where there will be no contact between them. Warn the potential victim and advise him or her to seek some means of protection and safety outside of the workplace. Counsel this person about the various civil and criminal options available, such as obtaining a restraining order or an injunction prohibiting harassment or stalking.

Place the potentially dangerous employee on suspension, administrative or sick leave pending the conclusion of the investigation. Discharges must be handled carefully. The Society for Human Resource Management included firing and layoffs as additional causes of violent acts. Prior to discharging the employee, alert all security personnel of the action and the potential danger. Contact external law enforcement as well. Have security escort the person from the premises.

Consider obtaining a restraining order prohibiting the former employee from returning to or near the workplace. If a particular worker has been targeted by the harasser, alert that employee and consider providing special security measures until the danger subsides. To show support for the victim, employers should support prosecution of the offender if an actual crime was committed.

These strategies should be considered as part of the development of an overall plan for preventing workplace violence. By establishing such a plan, employers can minimize the risk of harm to their employees and customers. And in so doing, they may also avoid or reduce their liability for acts of workplace violence.