Issue link: http://palletcentral.uberflip.com/i/1177710
20 PalletCentral • September-October 2019 palletcentral.com • Make information available regarding support services; • Implement a new resolution process for occurrences of workplace violence and harassment, requiring employers to respond to every notification of an occurrence and pursue either early resolution, conciliation, or investigation; and, • Keep various records regarding harassment and violence in the workplace. Currently, U.S. courts interpret 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. This includes foreseeable workplace violence, where there are feasible methods of risk mitigation. OSHA has guidance and resources on workplace violence prevention and while this guidance does not constitute a binding regulation, it can be used to gauge whether the employer responded in a reasonable way. The guidance can also be used to impute knowledge to the employer. See www.osha.gov/SLTC/workplaceviolence/evaluation.html. OSHA has developed Enforcement Procedures that provide guidance for conducting workplace violence inspections and issuing citations. Its 2017 version, CPL 02-01-058, can be reviewed at www.osha.gov/sites/default/files/enforcement/directives/CPL_ 02-01-058.pdf. While that publication is aimed at inspectors, a review of it can be useful to employers in assessing what actions OSHA will consider as "due diligence" and also what might constitute notice of a "recognized hazard." An employer who previously has experienced acts of workplace violence, or becomes aware of threats, intimidation, or other indicators showing that the potential for violence in the workplace exists, would be on notice of the risk of workplace violence and should implement a workplace violence prevention program SAFETY OSHA defines workplace violence as "any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite." In OSHA's view, this encompasses threats and verbal abuse as well as physical assaults and homicide.