MIOSHA
General Industry Safety & Health Division
Michigan Occupational Safety and Health Administration
Department of Labor and Economic Growth
DOCUMENT IDENTIFIER:
GISHD-COM-07-2
SUBJECT: Workplace Violence Inspection Procedures
DIVISION
INSTRUCTION
DATE:
April 17, 2007
ABSTRACT
I.
Purpose:
This instruction establishes division policy and procedures for initiating
investigations related to workplace violence.
II.
Scope:
This instruction applies to General Industry Safety and Health Division
(GISHD) enforcement, management and related support personnel. It
does not apply to the Discrimination Section of GISHD.
III.
References:
Michigan Occupational Safety and Health Administration, Field
Operations Manual (FOM), March 2007.
National Institute for Occupational Safety and Health (NIOSH),
Workplace Violence Prevention Strategies and Research Needs,
September 2006.
Public Act 154 of 1974, as amended, Michigan Occupational Safety and
Health Act, R408.1001 et. seq.
IV.
Distribution:
MIOSHA GISHD staff, agency “s” drive public folder accessible,
Internet accessible.
V.
Cancellations:
None
VI.
Contact:
John Brennan, Division Director
VII.
Originator:
____________________________
John Brennan, Division Director
GISHD-COM-07-2
April 17, 2007
Workplace Violence Inspection Procedures
I.
Purpose. This instruction establishes division policy and procedures for initiating
investigations related to workplace violence.
II.
Scope. This instruction applies to General Industry Safety and Health Division (GISHD)
enforcement, management and related support personnel. It does not apply to the
Discrimination Section of GISHD.
III.
References.
A.
Michigan Occupational Safety and Health Administration, Field Operations
Manual (FOM) March 2007.
B.
National Institute for Occupational Safety and Health (NIOSH) September 2006.
Workplace Violence Prevention Strategies and Research Needs.
C.
Public Act 154 of 1974, as amended, Michigan Occupational Safety and Health
Act, R408.1001 et. seq.
IV.
Distribution. MIOSHA GISHD staff, agency “s” drive public folder accessible, Internet
accessible.
V.
Cancellations. None
VI.
Contact. John Brennan, Division Director.
VII.
Originator. This document was originated by John Brennan, Division Director.
VIII.
Background.
A.
The National Institute for Occupational Safety and Health (NIOSH) reports in
Workplace Violence Prevention Strategies and Research Needs, September 2006:
“According to the Bureau of Justice Statistics, an estimated 1.7 million workers
are injured each year during workplace assaults; in addition, violent workplace
incidents account for 18% of all violent crime in the United States [Bureau of
Justice Statistics 2001].” Liberty Mutual, in its annual Workplace Safety Index,
cites “assaults and violent acts” as the 10th leading cause of nonfatal occupational
injury in 2002, representing about 1% of all workplace injuries with a cost of
$400 million [Liberty Mutual 2004]. During the 12-year period from 1992 to
2004, an average of 807 workplace homicides occurred annually in the United
States, according to the Bureau of Labor Statistics (BLS) Census of Fatal
Occupational Injuries (CFOI) [BLS 2005]. The number of workplace homicides
ranged from 1,080 in 1994 to 551 in 2004. Homicides were the fourth leading
cause of fatal workplace injury in 2004 [BLS 2005].
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GISHD-COM-07-2
April 17, 2007
Workplace Violence Inspection Procedures
IX.
B.
General Industry Safety and Health Division receives employee complaints
alleging unsafe and/or unhealthy working conditions relating to workplace
violence.
C.
Currently OSHA and other state OSHA programs address workplace violence by
citing the general duty clause, by issuing safety and health recommendations, or
both.
Enforcement Plan.
A.
Complaints alleging workplace related violence issues will be evaluated on a
case-by-case basis.
1.
Where violence is being addressed by law enforcement, MIOSHA may
decline to investigate, depending on the specific circumstances. (For
example, an altercation between an employee and a non-employee relative
or acquaintance of the employee that occurs in the workplace would not
generally be addressed by MIOSHA. However, an altercation between an
employee and a patient may be investigated, depending on the
circumstance).
2.
When issues alleged in the complaint are generally within the control of
the employer and/or occur on the employer’s premises, MIOSHA may
assign for an investigation (for example, a residential treatment center that
has experienced physical incidents between patients and staff).
B.
Complaints selected for assignment will be addressed following division
policies/procedures for complaint investigations.
C.
When investigating violence related complaint issues, the compliance officer will
consider the occupation of the individual and evaluate each of the following
conditions:
1.
Working with the public (e.g. taxi drivers or repossession workers),
2.
Handling money, valuables, or prescription drugs (e.g. bank tellers,
pharmacists),
3.
Working alone or in small numbers (e.g. store clerks, hotel clerks), and
4.
Providing service and care (e.g. health care staff).
5.
Working with unstable or volatile persons (e.g. social services, health care,
criminal institutions).
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April 17, 2007
Workplace Violence Inspection Procedures
D.
X.
The compliance officer will review to determine whether there is a history of
violence at the work place. Historical analysis may include a review of many
things such as:
1.
Existing incident reports, first aid reports, or recordable injuries,
2.
Review of risk factors at the workplace associated with violence,
3.
Conduct a visual inspection of the workplace and evaluate duties assigned
to employees,
4.
Review existing administrative and work practices, and
5.
Obtain other information such as organizations that the firm is associated
with (e.g. industry association policies, worker compensation insurance
company, or law enforcement publications).
Citations/Safety Recommendation.
A.
If, upon completion of the complaint investigation, the compliance officer finds
the alleged hazards to be valid, one of the following will occur:
1.
If no injuries or incidents have occurred, then a safety recommendation
will be issued to the employer with references to industry practices as it
relates to workplace violence.
2.
If there have been employee injuries or incidents involving employees,
then further evaluation must be completed to determine whether:
3.
XI.
a)
Others in the same industry are taking precautions aimed at
reducing violence,
b)
The employer has assessed their workplace for potential hazards,
and
c)
The employer has implemented measure similar to others in the
industry or similar industries.
When it is determined the employer has not taken adequate action
compared to industry standards or that of similar industries, a general duty
violation will be issued following the guidelines provided in the FOM,
March 2007.
Incidents typically covered by Law Enforcement Agencies.
A.
This instruction does not apply to activities typically covered by law enforcement
agencies such as but not limited to the following:
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GISHD-COM-07-2
April 17, 2007
Workplace Violence Inspection Procedures
B.
1.
Physical assault between employees,
2.
Destroying of property or throwing objects, and
3.
Inappropriate or illegal activities.
This instruction do not cover less serious workplace disagreement or issues
typically covered by company work rules such as:
1.
Swearing, insult or condescending language between employees,
2.
Pranks, arguments, behavior that demeans, humiliates, or is verbally
abusive, and
3.
Bullying or gestures.
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