Should You Be Taking the Lead on Workplace Violence Training?
As the corporate rule of law monitor, general counsel increasingly are working behind the scenes to address workplace violence and active shootings, experts told Corporate Counsel.
March 12, 2019 at 02:34 PM
4 minute read
The general counsel increasingly has become a company's face when it is in crisis. When it comes to workplace violence, however, it's often these same in-house legal leaders who are working behind the scenes to prevent that particular catastrophe, experts say.
“I've seen a pretty significant uptick in conversations with GCs about the imperative for not only workplace safety but active shooter and workplace violence” training and preparation, said Harlan Loeb, global chair of the crisis and risk practice at communications marketing firm Edelman. “It is on the minds of more GCs than I've seen in the past.”
According to the most recent records from the federal Bureau of Labor Statistics released last December, acts of workplace violence increased by more than 23 percent—from 703 to 866 incidents—in 2016, though the number decreased slightly in 2017 to 807.
Loeb attributes the increase in GC interest to the increase in incidents, as well as to the fact that in at least a couple of recent shootings—the one at Pittsburgh's Tree of Life synagogue last October, for example—survivors said their prior active-shooting training helped save lives.
Although companies are leading the way on addressing workplace violence, Loeb said, certain challenges exist, namely the vagueness of the regulations governing the issue.
The Occupational Safety and Health Administration “regulates the category but only includes a general duty of protection clause that doesn't specifically talk about violence,” he said, adding there should be a regulation that mandates companies to provide active shooting and workplace violence training so that companies do not have a choice in the matter.
He continued: “I say that not because they're opting out, but there are just some that are in some degree of denial about this. Even though it's low probability, it's extremely high risk.”
Another issue, Loeb added, is at the majority of U.S. companies, which generally are not large enough to have a dedicated security officer in the C-suite, such initiatives generally fall through the cracks.
But that's exactly where the GC can step in, he said.
“GCs should absolutely be the catalyst for [addressing these issues] because the well-being of the company and the rule of law mandate that they should be the ones looking out to protect the company from all of this,” Loeb said. “We absolutely need them on that wall, and in discharging their duties as GC, part of that is doing everything they can to protect their assets in any way they can.”
PRCG | Haggerty LLC chief executive and president James Haggerty said making a crisis response plan is key, given that workplace violence acts are “rarely the types of incidents that lend themselves to a whole lot of contemplation in the moment.”
“There has to be someone managing the effort, moving it forward, who has a view of the whole playing field, and that is what the GC's office brings,” he said.
Raymond Reddin, a partner at Hall Booth Smith with an active shooter/workplace violence practice, said the firm's new group has taken off in the six months since it was formed, “sadly, because of the need.”
“These incidents are becoming more frequent and sadly almost commonplace, so any entity, from something as small as a high school to something as large as a university or hospital or hotel has to recognize the possibility that this can occur,” he said.
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