No doubt you heard, read or were emailed about the horrific incident of workplace violence that took place in Virginia just two weeks ago. Tragically, Reporter Allison Parker and her cameraman, Adam Ward, were shot and killed by a former co-worker. Later, it was learned that the gunman, Vester Flanagan, was fired in 2013 for "anger management issues", and that he had been let go from previous employers for similar reasons.
The incident, as most tragedies do, has prompted some to wonder if it could have been prevented; it also serves as a reminder that workplace violence is a real risk and that all employers should be vigilant not only to comply with legislative requirements under the Occupational Health and Safety Act ("OHSA") but also to ensure your employees' safety.
In this most recent tragedy, we have learned that Mr. Flanagan, while still an employee, made claims of racism and discrimination (Mr. Flanagan identified as a gay black man) that the employer deemed unfounded. However, they only did so after a thorough investigation. In addition, while Mr. Flanagan's various acts of misconduct were documented, his employer not only gave him opportunities to improve his behaviour but also required him to seek help through the employee assistance program. Further, when he was ultimately let go, the employer had police escort him out the door and then maintained a police presence for two days after the termination by having an off-duty police officer on site almost around the clock.
All of these measures demonstrate that the TV station was vigilant and did make significant efforts to protect against what it obviously recognized as a risk; unfortunately, the access to its personnel in a public space, coupled with the fact that this was two years after Mr. Flanagan's termination, made this almost impossible to prevent.
Fortunately, most employers have much more control over access to their work sites, and, therefore, employees can be more confident in their safety. But just because you conducted an initial risk assessment and established policies and programs to address workplace violence – as the OHSA required you to do with the coming-into-force of the Bill 168 amendments in 2010 – doesn't mean your job is done. There is an OHSA requirement that the risk(s) of workplace violence be reviewed or reassessed "as often as necessary": a period which we advise is at least annually, or whenever an incident of violence occurs. In addition, we recommend that employers review or reassess their own workplace violence risks whenever they learn of incidents of workplace violence taking place in circumstances similar to their own – similar in physical setup, similar in the work done or services provided, or similar in any other characteristic that an employer may deem relevant.
While we don't wish to sensationalize this latest workplace tragedy, it serves as an unfortunate reminder of the need for the legislative requirements that exist – in Canadian jurisdictions and elsewhere – to prevent and minimize workplace violence and its tragic consequences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
