Attack ‘Not Outside the Workplace Norm’

Your eyes are not deceiving you – you read this correctly…see the link below!

Question – I would appreciate it if you could let me know when being victimised is part of the workplace norm?

An appeals court denied a bus driver’s workers’ compensation claim saying the PTSD she developed from an attack was “not outside” of a normal workday for bus drivers.

According to court records, the appeals court dismissed the bus driver workers’ compensation claim that she suffered from PTSD because of an attack by a man as she was driving.

Jenise Waddy a transit bus operator, was driving when a man pounded on the door of her bus and demanded to be let onto the bus.

Jenise Waddy refused to open the door and the man climbed onto the front bumper of the bus, banged on the glass, bent a windshield wiper blade, broke one of the bus’s side mirrors and tried to reach into the bus through a side window.

https://www.workerscompensation.com/daily-headlines/appeals-court-denies-bus-drivers-ptsd-claim-says-attack-not-outside-norm/

Where do I start?

Let’s begin by saying that there is a distinct difference between

Certain job roles and situations or circumstances in which you may encounter someone who is displaying challenging, aggressive, or violent behaviours towards you or in your presence.
As opposed to going to work knowing or expecting that someone will display challenging, aggressive or violent behaviours towards you or in your presence.

Other than some roles in the Armed Forces, Secret Services, Enforcement roles, etc; there are not many job-roles across the world where one should be going to work expecting to be abused, threatened or assaulted.

Even people working in those job roles I refer to above, would, like you, be expected have measures put in place to avoid, prevent or manage such known or expected behaviours.

Remember when it comes to a discussion of the task and the management of risk involved within the task, a couple of questions that must be discussed include:

Does the task need to be completed?
If the task does need to be completed – is there an alternative way to achieve the same outcome (ie; is there a different way to complete the task?)

Let’s explain why the title of the post, see the link below, is disempowering people.

Whilst this matter relates to legal proceedings in the USA, New York to be precise, the principles of ‘workplace safety’ and the Health and Safety Executives (HSE) definition of work-related violence still apply.

The HSE definition of a reportable incident.

If you are abused, threatened or assaulted in circumstances related to your work, whether the person(s) intentions or actions were explicit or implicit in their design or nature!

Importantly, it’s how we perceive the threat of violence, aggression or challenging behaviours towards us or in our presence, which decides if we, as individuals, deem a situation to be a reportable incident.

Employers’ Duty of Care

Employers have a fundamental duty of care to protect the health, safety, and wellbeing of their employees.

This responsibility is enshrined in various legal frameworks and is crucial towards fostering a safe and productive working environment.

Employers must also address known risk factors in the workplace to mitigate potential injuries or fatalities.

Failure to do so can result in significant legal and financial consequences, including vicarious liability.

Understanding Employers’ Duty of Care

An employer’s duty of care extends to ensuring that the work environment is safe and free from preventable hazards.

This includes conducting regular risk assessments, implementing safety protocols and providing appropriate training to employees.

Employers must also consider the mental and emotional wellbeing of their staff, addressing factors like stress, bullying and harassment that could impact their overall health.

Therefore, when employers fail to address known risks, they may be held vicariously liable for incidents that occur.

Vicarious liability refers to the legal responsibility an employer bears for the actions or omissions of their employees if those actions are carried out during their employment.

For example, if an employer neglects to mitigate a known risk, such as aggressive customer behaviour and an employee is injured, the employer could be held accountable for the consequences.

Responsibility for Risk Assessments

Employers are explicitly responsible for identifying, assessing and mitigating workplace risks.

This includes putting in place measures to prevent, manage or resolve known hazards.

Risk assessments are vital in that they:

Identify potential dangers.
Evaluate the likelihood and impact of those dangers.
Lead to implementing control measures to eliminate or reduce risks.
Monitor and review the effectiveness of these measures.

Employers must ensure that risk assessments are conducted by competent individuals and that the findings are acted upon promptly.

This responsibility cannot be delegated to employees or ignored without potential legal repercussions.

Empowering Staff Through a Philosophy of Safety

A proactive approach to improving staff safety empowers employees across all workplace settings.

This empowerment stems from the overarching philosophy that enhancing workplace safety not only protects employees but also improves the quality of services they provide to the people they support.

When staff feel secure and valued, they are better equipped to focus on delivering exceptional service and care.

By creating a culture that prioritises safety and well-being, organisations can boost employee morale, reduce absenteeism and enhance the overall performance and satisfaction of their workforce.

Empowered staff are more confident, resilient and capable of handling challenges, which directly benefits the individuals and communities they serve.

The Importance of Incident Reporting

Incident reporting is a critical component of an effective workplace safety strategy.

By encouraging staff to report incidents of aggression, violence or other hazards, organisations can:

Gain valuable insights into the risks faced by their workforce.
Develop targeted interventions to address recurring issues.
Monitor trends and identify areas for improvement.
Demonstrate a commitment to employee wellbeing.

Failure to implement robust incident reporting measures can result in underreported risks, leaving employees vulnerable to the increasing likelihood of accidents or injuries.

Employees’ Rights

Employees the right to withdraw from a workplace if they believe there is a serious and imminent danger to their health and safety.

Employees are protected from dismissal or disciplinary action for refusing to work under such conditions.

This right emphasises the ‘mutual’ responsibility of employers and employees to maintain a safe working environment.

Responsibilities For Workplace Safety

The responsibilities for workplace safety are clear:

Employers – have primary responsibility for the safety of staff and visitors.
Employees – must cooperate with their employer’s safety measures and report hazards or incidents.
Visitors – employers are also responsible for ensuring visitor safety.

In summary

The duty of care for employees’ health, safety and well-being is the responsibility of workplace management.

Employers must proactively address known risks through comprehensive risk assessments and robust incident reporting systems.

Empowering staff by prioritising their safety enhances their ability to deliver high-quality services, creating a safer, more productive environment for all.

https://www.workerscompensation.com/daily-headlines/appeals-court-denies-bus-drivers-ptsd-claim-says-attack-not-outside-norm/

Trevel Henry