Employers Required to Guard Against Workplace Violence
D o you have a question about an on-the-job situation? If so, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626. Or call (714) 966-7873 and leave a voice mail message with your name and where you live. Questions of general interest will be answered in this column on Mondays.
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Q: Recently a threat was made upon my life by a co-worker. I told my supervisor, but it took a long time for management to acknowledge the threat. This co-worker had a knife in his drawer, and has done nothing but cause unpleasantness at work. They called him in and changed his hours, kind of slapped him on the hand, and said you can’t do that. Legally, I don’t know what I can do. I’m afraid if I say anything, I’ll lose my job.
--M., Buena Park
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A: The employer has an absolute obligation to provide a safe workplace. Management should act promptly to investigate any complaint of violence and take appropriate steps to prevent it in the future. If employers don’t, they will be liable to their employees.
You should complain in writing to management if you are still fearful of the other employee. You could demand that he be terminated. It is illegal for the employer to retaliate against you because you reasonably complain about a workplace safety situation.
I have counseled employees who have been injured or who have injured others in the workplace, and have talked to relatives of those who have been killed. Based on those discussions, here are some suggestions for preventing violence in the workplace:
* Internal grievance procedure. The employer should have adequate procedures by which employees can complain about perceived violence or threats of violence. A box for anonymous suggestions is helpful.
* Appropriate investigation. Employers should investigate any complaint regarding another employee. During the hiring process, employers should evaluate an employee’s propensity for violence. Employers should warn employees in writing that management has the right to search drawers and lockers to find company property or to ensure safety in the workplace. Employees should not expect privacy in those areas.
* Discipline procedure. Job termination is certainly an option for serious offenses. The company could consider psychological evaluations when appropriate. An employer could consider calling the police for a serious crime, such as a threat against the life of another employee.
* Education. Management personnel should be trained in how to prevent violence in the workplace. By state law, employers are to have a safety program and to advise employees of it.
* Alcohol program. Many times violence in the workplace is caused by an alcohol problem. Those employers who make their employees aware of an appropriate alcohol prevention or rehabilitation program help solve greater problems before they begin.
* Fairness with employees. Violence at work often happens because the employer is perceived to be unfair. If the employer would avoid any hint of discrimination, improper retaliation or other acts of unfairness, many problems would be prevented.
* Compassion. This is especially crucial with actions that cause the most stress or possibility of violence, such as terminations, demotions, layoffs or reorganizations.
* Awareness. Management and workers need to be aware of the significant signs of stress or irritability that might lead to violence.
* Fairness with customers. Many acts of violence are caused by disgruntled customers. If a customer becomes more of a problem or expresses frustration, a supervisor or manager should become involved to show the customer that they are being taken seriously and with compassion and understanding.
* Feedback. Violent actions often occur because a termination or demotion was unexpected. Annual performance reviews or other methods to give employees feedback about job performance would lessen the sudden impact and surprise that comes with such actions.
--Don D. Sessions
employee rights attorney
Mission Viejo
Credible Work-Injury Cases Often Not Fought
Q: The department I work in has hard tile floors. I stand all day and actually walk around the floor, helping customers, for about six hours of an eight-hour shift.
During the past year I developed a bunion on one of my feet that is getting progressively worse. I have gone to the doctor to get X-rays and was told there is nothing more that can be done. However, I’m afraid it will keep getting worse.
If this develops into something disabling, is there any liability on my employer’s part? How hard is it to prove that this is an entirely work-related injury? Do big companies usually fight these claims?
--L.P., Newport Beach
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A: If your doctor can make a credible claim that your foot condition is the result of your working conditions, you may file a workers’ compensation claim. If you are found to be eligible for workers’ compensation benefits, your medical bills will be paid and you will be paid an additional amount for any disability that results.
While employers vary in their approach to workers’ compensation claims, all employers are required to have workers’ compensation insurance, and few employers will attempt to fight what appear to be legitimate claims.
--James J. McDonald Jr.
attorney, Fisher & Phillips
labor law instructor, UC Irvine
Workers Can’t Waive Required Lunch Break
Q: If a company has to provide a lunch break for employees, are the employees actually required to take the lunch break if they don’t want to? The California Labor Code states that no employer shall employ any person for a work period of more than five hours without a meal of not less than 30 minutes.
To me, this says the employer has to provide this 30-minute time but it does not say that the employee has to take the time. At our employment place, we want to work a straight eight hours, then go home. (The employer does provide two 15-minute paid work breaks in an eight-hour period.)
--J.F., Anaheim
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A: The California Wage Orders usually prohibit employers from employing a non-exempt (hourly) employee more than five hours without providing a meal period of at least 30 minutes.
A Wage Orders provision allows these employees to waive the right to a meal period as long as they do not work more than six hours a day. There are a few occasions when an employer may obtain an exemption from the Labor Standards Enforcement division, but the employer generally must comply with the requirements for meal and rest periods. These regulations date back more than 30 years.
Unless the employee is completely relieved of all duties and can leave the work station as well as the employer’s premises, the time must be counted as time worked, and the employer will not have satisfied the obligation to provide a break for meals.
Sorry, J.F., but an employee cannot waive rights that are protected by regulations. Perhaps you could discuss with the employer the possibility of shortening your two 15-minute breaks to two 10-minute breaks and leave work 10 minutes earlier. Or perhaps you could request a work day of no more than six hours (part-time status) and waive the right to the 30-minute meal period.
--Elizabeth Winfree-Lydon
senior staff consultant
The Employers Group
