Violence in the workplace

07 November 2003 by
Violence in the workplace

Any job that involves contact with other people, whether they are members of the public, clients or other employees, carries a risk of violence. However, those working in pubs, bars and restaurants or anywhere where alcohol is consumed are particularly vulnerable. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /?>

Employers need to be aware of the implications of violence in the workplace. Violence could bring financial costs to the business if legal action is taken. Staff could suffer from stress, anxiety and low morale, and staff turnover could be high.

Legal duties

The Health and Safety at Work Act 1974 places a legal duty on all employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees.

Added to this, the Management of Health and Safety at Work Regulations 1999 require employers to assess whether there are any risks to their employees, decide what steps should be taken to prevent or control the risks and provide clear management structures to achieve these aims. This should include the protection of employees from exposure to reasonably foreseeable violence.

If acts of violence in the workplace occur, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 might apply. These require employers to notify the appropriate authorities in the event of an accident at work to any person that results in death, major injury or incapacity for normal work for three or more days. This includes any act of physical violence carried out to a person at work.

Employers should be alert to the Health and Safety Executive's (HSE) wide definition of workplace violence: "Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work." This includes not just physical attacks, but threats of physical violence and general bullying.

HSE guidance

The HSE has published guidance for employers on how to deal with violence at work, focusing on how to deal with dangers from the public. It stresses the need to carry out risk assessments. Staff should be interviewed to see if they feel threatened, and these records should be regularly examined.

Employers should consider the training and information provided to current and new employees. Techniques involving courtesy, politeness and assertiveness should form part of the induction programme for all staff dealing with the public.

Employees should be given the means to help them identify members of the public with a history of violence or to anticipate factors that might make violence more likely. For example, keeping a restaurant customer informed about a delay in serving food can lessen the possibility of the customer becoming angry and violent.

Video cameras and alarm systems could be introduced, together with coded security locks, to keep the public out of staff areas. Wider counters and raised floors are also recommended to afford staff more protection.

In relation to lone workers, the HSE has recommended the following to reduce the risk of violence: using mobile phones and personal panic alarms, monitoring staff movements and getting employees to work in pairs.

Further suggestions

The guidance suggested by the HSE, although helpful, is generic and does not specifically address staff-on-staff violence. Here are some further examples of steps that can be taken to reduce the threat of workplace violence:

  • Emphasising to staff that there will be zero-tolerance of bullying and physical violence and that everyone should be treated with the utmost respect. This should be stressed in the organisation's code of conduct and any employee found to be in breach should be disciplined accordingly.
  • A psychological analysis of staff to see if there are any risks of employees either initiating violence or unreasonably responding to it.
  • As part of the recruitment process a person's criminal record could be investigated for signs of violent tendencies.
  • If a particular role or work location is especially prone to confrontation with others, staff should be rotated so that they don't spend all their time in a potentially confrontational environment.
  • Counselling facilities could be introduced to offer support to those who have been victims of violence.
  • Counselling could be provided to staff who have perpetrated acts of violence to reduce the risk of their re-offending.

The National Occupational Standards offer further guidance in managing work-related violence. The standards are produced by the Employment National Training Organisation with help from the HSE. Although these standards are not legally binding, they can be used by employers to devise policies and provide a framework for managers and staff to assess training needs. The standards serve to determine good practice and form the basis for training programmes. They can also be incorporated into qualifications such as NVQs.

by Michael Gore

Michael Gore is a solicitor in the regulatory group of law firm DLA.

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