OSHA cites convenience store owner for workplace violence risks

The Occupational Safety and Health Administration, which administers and enforces the federal Occupational Safety and Health Act, has cited a convenience store owner for allegedly failing to safeguard its employees from robberies and other forms of violence on the job.

In the Matter of TMT Inc.

Bruce Rolfsen reports for the BNA Daily Labor Report (Nov. 30, by subscription only):

Citations issued Nov. 19 against a Texas convenience store owner for allegedly failing to protect workers from robberies and other violence marks an increased willingness on the part of the Labor Department’s Occupational Safety and Health Administration to use the general duty clause as a tool to prevent workplace violence.
OSHA cited TMT Inc. with four alleged violations of the general duty clause, one each for Whip In stores in Garland and Mesquite, and citations for two stores in Dallas. Proposed fines total $19,600.
. . . The citation announcement marked the first time in recent memory that OSHA has used the general duty clause to cite a convenience store operator for violations related to workplace violence, according to observers who follow convenience store safety.

 

General duty clause

OSHA issued the citation under the law’s general duty clause, which requires employers to provide workers with conditions of employment “that are free from recognized hazards that are causing or likely to cause death or serious physical harm.”

Despite thousands of individual regulations addressing workplace safety promulgated under the Occupational Safety and Health Act, there is no specific provision addressing workplace violence. However, OSHA has released a fact sheet on workplace violence and engaged in educational initiatives for employers about the subject.

Application to workplace bullying?

OSHA’s recognition of workplace violence as a serious hazard raises hopes that workplace bullying, too, will get greater attention.

The National Institute for Occupational Safety and Health, the federal government’s research arm on workplace safety, has included bullying in its studies of workplace violence and aggression and hosted meetings of leading researchers to discuss the impact of bullying on worker health.  NIOSH researchers have examined organizational dynamics of workplace bullying and the implications for intervention strategies.

Back in 2005, I participated in a working group convened by NIOSH to examine workplace bullying and psychological aggression. This included a day-long session in Cincinnati that, to this day, remains one of the most intense and insightful exchanges I’ve participated in on this topic.

We can now at least imagine the possibility that research findings about the harm caused by bullying will lead to a stronger regulatory response.  As I’ve noted earlier on this blog, some of the analysis for that response may be found in the work of professor Susan Harthill of Florida Coastal School of Law, who has argued persuasively that occupational safety and health law can be part of a multi-pronged approach that includes collaborative and cooperative efforts between public and private employment relations stakeholders.

Limitations

Of course, mild penalties are one of the genuine limitations of current federal workplace safety law, as reflected by rather paltry proposed fines (under $20,000) in the TMI case. In addition, this statute does not allow individual claims for damages by injured workers. Identical limitations would apply in workplace bullying situations as well.

Nevertheless, this is a step in the right direction, and with the current Administration in place for another four years, it bears watching.

3 responses

  1. If OSHA were to start fining workplaces for workplace bullying due to the cost to society and health risks this would give employees a way to get help before they were psychologically harmed. They could also require education which could help employees identify what is happening to them or others, know they need to support coworkers who are being bullied and what they can do to get the problem resolved. If I had just had an idea of what was going on at the horrific place I worked I would not have PTSD and a history of criminal charges now. As it is they have continued to harm people all these years with no consequences other than me exposing the story.

    • Celia, one of the challenges with OSHA is that the bullying situation would have to be severe enough to be likely to cause death or serious physical harm. Arguably that’s a tougher than the Healthy Workplace Bill’s standard for recovering damages, which has been criticized by some as having too high a threshold.

      It probably would be up to targets to file a complaint with OSHA. Then an OSHA investigator would come in, interview people and gather evidence, and render a finding on whether a violation exists. If the employer is able to persuade OSHA that the bullying has “stopped,” it’s unlikely that anything greater than a token fine would be imposed.

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