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Workplace Violence: Clear And Present Danger Of Liability Under OSHA's General Duty Clause

Webinar: ID# 1026217
Recorded On-Demand
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About This Course:
“Should we call the police, or call OSHA?” That’s a question you should take a serious look at when it comes to addressing violence in the workplace.

Acts of workplace violence are uniquely challenging because the threat is often from outside the workplace, including non-employee third parties. Nevertheless, workplace violence has become a hot button enforcement issue for OSHA, citing employers under the OSH Act’s “catch-all” general duty clause (GDC) for employers who do not do enough to protect their employees from violent acts.

Beyond OSHA, situations involving workplace violence can also spark retribution from other employment laws. For example, if violent acts or threats occur because of symptoms of an employee’s disability, the handling of discipline and termination gets tricky under the ADA. Likewise, HR issues related background checks and negligent hiring could also contribute to civil liability.

To avoid costly fines and legal issues, it’s vital for employers to develop and implement an effective workplace violence prevention program and engage in thoughtful hiring practices.

Join us when Attorneys Eric J. Conn, a featured presenter at the Workplace Violence Prevention Symposium 2017, and Lindsay A. DiSalvo, both of the Washington, D.C.-based OSHA and Employment law firm Conn Maciel Carey LLP, will explain your legal obligations to address workplace violence and the implications if you fail to do so. They will provide you with the knowledge and tools needed to develop a workplace violence prevention program that will satisfy your company’s requirements under OSHA’s general duty clause.

You’ll learn:
  • OSHA’s enforcement philosophy about workplace violence and enforcement under the general duty clause
  • Reference checking, negligent hiring and supervision obligations to avoid liability to employees or third parties injured from workplace violence
  • Recommendations for a compliant workplace violence prevention policy and employee training
  • The industries that are the most susceptible to OSHA General Duty
  • Clause workplace violence violations, and industry-specific guidance for meeting OSHA’s expectations
About Your Presenters:

Eric J. Conn, Esq.
Founding Partner and OSHA Practice Chair
Conn Maciel Carey LLP

Eric J. Conn, a founding partner of Conn Maciel Carey and Chair of the firm’s national OSHA Practice Group, focuses his law practice exclusively on issues involving occupational safety and health law. Mr. Conn develops safety and health regulatory strategies for his clients across all industries with a particular emphasis in advising and representing clients during inspections, investigations and enforcement actions involving the Occupational Safety and Health Administration (OSHA), state OSH Programs, the Environmental Protection Agency (EPA), the U.S. Chemical Safety and Hazard Investigation Board (CSB), the Mine Safety and Health Administration (MSHA), the Department of Justice (DOJ), and state and local safety regulators.

Mr. Conn manages the full range of litigation against OSHA, including appeals of citations, negotiations of settlements geared to minimize the impact of enforcement actions on wrongful death and personal injury civil cases, and trials before the OSH Review Commission. He has represented employers during U.S. Attorney criminal investigations and prosecutions of alleged OSH Act criminal violations and advises employers’ other attorneys in civil and criminal cases stemming from workplace accidents about overlapping OSHA regulatory issues. Mr. Conn also counsels clients through catastrophic industrial, construction, and manufacturing workplace accidents, including explosions and chemical releases, and has developed and audited safety programs and policies. He provides workplace safety training and compliance counseling for employers as well.

He was an invited presenter for Safety Summit 2017 and Workplace Violence Prevention Symposium 2017, and will be a speaker at Cal/OSHA Summit 2017.

Lindsay A. DiSalvo, Esq.
Associate, Labor & Employment and OSHA Practices
Conn Maciel Carey LLP

Lindsay DiSalvo is an associate in the Washington, DC office of Conn Maciel Carey LLP. Ms. DiSalvo represents and advises employers in all aspects of the employer-employee relationship including wage and hour disputes, claims of employment discrimination, and compliance with the Americans with Disabilities Act. Ms. DiSalvo also reviews and revises employee handbooks and workplace policies and procedures, and prepares separation and settlement agreements.

In addition, Ms. DiSalvo represents employers during inspections and investigations conducted by the federal Occupational Safety and Health Administration (OSHA) and state OSHA programs. She handles the full range of OSHA litigation, from citation contests to administrative hearings. Ms. DiSalvo also advises and counsels employers in responding to notices from OSHA about employee complaints of safety hazards, and helps develop and audit safety and health programs.
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Workplace Violence: Clear And Present Danger Of Liability Under OSHA's General Duty Clause
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