In many instances, top management is unaware of day-to-day events that can result in potential liability being placed on their organization. All too often the awareness occurs as a result of an incident that already took place in the workplace. There is frequent news coverage about violent acts that occur in places such as the post office, convenience stores, health care facilities, schools, and various other places of work. What you don't read about are the numerous violent acts that are avoided through appropriate intervention, or the cases that are simply not reported. Just recently there were shootings at schools in Oregon and in Arkansas where both students and/or teachers were killed or injured. In both of these instances, there were warning signs that led to these acts of violence which possibly could have been prevented if these warning signs had been acted upon.

According to Scott McDonald, employment law attorney and specialist in workplace violence for Littler Mendelson in Dallas, approximately 20 workers per week are subjected to some type of workplace violence and it is the #1 killer among women and #2 killer among men while in the workplace. Workplace violence not only involves homicide, but it also involves assault, threats, harassment, intimidation, and stalking.

An employer can be held liable for acts of workplace violence especially if the knew or should have known that such acts could occur. The employer is held responsible by the general duty clause administered by OSHA, Occupational Safety and Health Administration, to provide a safe environment for its employees. The employer can be held liable by acts of negligence, through the worker's compensation system, and by OSHA. There are other legal issues such as the Americans with Disability Act, (ADA) concerning reasonable accommodation, and defamation and privacy issues that employers need to be aware of.

Dr. Chris Hatcher, President, National Assessment Services in San Francisco, California, outlines 5 categories in assessing and individual's potential for violence. They are: (1) dangerous; (2) dangerous but not imminently so; (3) the use of intimidation to inflict emotional distress; (4) one-time behavior; and (5) false allegations. It is important to provide appropriate assessment of the situation before an act of violence occurs. This can be accomplished by using professional assessment teams or establishing management teams lead by top management, security, human resources and legal counsel to come up with the appropriate action plan.

Dr. Kris Mahondie, Police Psychologist in Los Angeles, California, outlines the myths and realities of workplace violence. He also describes how law enforcement responds to reports of violence and describes the importance of establishing a relationship with local law enforcement officials before such acts occur.