Workplace Violence FAQs

While there are currently no specific OSHA standards for workplace violence, under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, employers are required to provide their employees with a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious physical harm."

The courts have interpreted OSHA's general duty clause to mean that an employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard.

An employer that has experienced acts of violence in the workplace, or becomes aware of threats, intimidation, or other indicators showing that the potential for violence exists, would be on notice of the risk of workplace violence and should implement a prevention program combined with engineering controls, administrative controls, and training.

According to the U.S. Department of Homeland Security, an active shooter is usually "an individual who is engaged in attempting to kill or harm people in a confined and populated area through the use of firearems."

An FBI report identified 40 shootings in 2020 as active shooter incidents. The 40 active shooter incidents in the report resulted in 164 total casualties (38 killed and 126 wounded, excluding the shooters).

The number of people injured or killed during each incident is rising. Since 2016, active shooter incident data reveals an upward trend. The number of active shooter incidents identified in 2020 represents a 33% increase from 2019 and a 100% increase from 2016.

While it's impossible to predict when or where an active shooter incident might occur, employers can still take a proactive approach to be prepared. The key to stopping workplace violence is to identify and address potential problems before they escalate into a violent outburst.

Some best practices include:

• Train: While active shooter training is not legally required of employers, it can help teach employees how to identify the warning signs of violence before it occurs, recognize the presence of an active threat, and best react to protect themselves should an incident occur. View our Active Shooter/Active Threat training.
• Plan: Conversations about what to do in the event of an active shooter incident may be difficult to have, but being unprepared and unprotected is even worse. Developing an action plan helps companies identify their strengths and weaknesses before they are tested by a violent individual.
• Practice: Just as you prepare your employees to respond to other devastating events with drills, such as fires or tornadoes, you should teach them how to react in the face of workplace violence using an active shooter drill. The more they practice, the less likely they will be to freeze up in the event that the unthinkable happens.

Employers have a legal obligation to provide their employees with a work environment free from harm, including physical violence. Given the increase in workplace shootings in recent years, some employers are going a step further and teaching their employees how to survive if such dangers enter their place of business.

Knowing what actions to take if confronted with an active threat is just as important as knowing what to do in the event of a fire or tornado. Even though the likelihood of a violent situation may be low, you should still be prepared, especially when the results can be so devastating.

Violent acts committed by past or current employees fall under the category of workplace violence (violence, or the threat of violence, against employees, supervisors, customers, or vendors). Although there is no specific federal OSHA (Occupational Safety and Health Administration) standard which addresses active shootings in the workplace, the Occupational Safety and Health Act, in Section 5(a)(1), states "each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

The unfortunate truth is there are few similarities among active shooters, the locations they target, or their choice of victims.

In 2020, 42 shooters carried out 40 active shooter incidents. Thirty-five shooters were male,three were female, and four were unspecified. Thirty-nine shooters acted alone, and three shooters acted together. The youngest shooter was 15-years-old; the oldest shooter was 87-years-old.

Suspicious behavior is defined by observers and their own experiences. Trust your gut. If it looks suspicious based on your daily observations, report it. If you see something, say something.

Common warning signs include:

• A notable increase in frustration or picking fights
• An obsession with weapons
• A decline in health or hygiene habits
• An increase in alcohol or drug use
• Symptoms of depression or thoughts of suicide

Reports of the potential for future violence should be taken seriously. Consider forming a threat assessment team to evaluate each threat, determine its severity or likelihood, and develop a plan of action.

The goal is to manage the situation before it has a chance to play out. The team's priorities are to protect all personnel from harm and provide all employees with the help they need.

Team members should include management, HR, a mental health professional, and possibly a representative from law enforcement.

Since threats can also come from outside your place of employment, it's important to conduct a risk assessment that examines your building and the access to it. The goal of this detailed evaluation is to identify areas of vulnerability.

When conducting a risk assessment, seek the assistance of local law enforcement. These experts are aware of any local threats and have the latest knowledge gained from past events around the country.

There are a variety of actions you can take to make your building less inviting to an active shooter, as well as deter other criminal activity:

• Install fencing around the perimeter of your building
• Monitor vehicles parked in your lot with stickers or rearview mirror hangers
• Control access with key cards (this is only effective if
• you teach employees not to prop open doors or allow others to "piggyback" off of them as they scan their card for entry)
• Light parking areas, walking paths, and entryways well
• Use signage to clearly mark each door (signs can be used to direct visitors to the main entrance and indicate employee-only areas; in addition, numbering doors on both sides can help identify exactly where you are located in an emergency)
• Install high-quality surveillance cameras around the premises

Recovery begins the moment the active shooter is incapacitated, and law enforcement renders the building safe. Beginning to account for individuals inside the building and reconnecting employees with family members should all be a part of your company's Emergency Action Plan and discussed during your tabletop exercise.

Employees may have fled, leaving personal items like jackets, purses, cell phones, and car or house keys behind. After things settle down a bit, there will be attempts to retrieve personal belongings. Because the building is a crime scene, someone from law enforcement will need to gather the items, not a member of HR or management. Depending on the size of your company, this may be quite an undertaking.