Page 6 - MIADA-12-2020

Act Now to Prevent Violence at Your

Dealership

By Courtney Leyes and Benjamin Ross

1. Environmental Controls should be addressed in the policy, with
• Security: Cameras are especially helpful procedures explaining scenarios such
to address and prevent violence like as escaping from violent situations,
harassment or assault but can also reveal terminating employees with someone
employee behavior that may contribute other than their direct manager and
to more serious incidents, like carrying immediately removing them from
weapons. Security guards are also the workplace, and quickly alerting
helpful, if practicable. emergency services including managers,
• Exits: Provide enough exits from all law enforcement, and medical providers.
areas to allow employees to escape and • Post-incident procedures: If the worst-
avoid violent situations. Employees case scenario occurs, and you have
should know these exits too. violence occur on your property,
• Communication: Employees who work you should offer medical care and
alone or on remote parts of the lot psychological support following violent
should have communication devices to incidents. Remember: Violence affects all
On June 25, 2019, a parts representative report any violence. Employees must employees, creating grief, stress, and fear.
shot and killed a fixed ops director and know how to use this equipment.
parts manager in Morgan Hill, Calif., 3. Behavioral Controls
before shooting and killing himself, after 2. Administrative Controls • Conflict resolution: Train employees
the dealership terminated his employment. • Zero tolerance: You cannot tolerate to resolve personal conflict with other
violence of any sort against employees workers and customers without violence,
Workplace violence can be random, but it regardless of an employee’s position or including providing a neutral manager
still occurs between coworkers, disgruntled compensation. Anyone perpetrating to resolve disputes, stressing that
employees, associates of employees who violence at a workplace should be employees should report any incidents
enter the workplace, and customers. In punished, including coworkers, and training employees to communicate
addition to homicides, which garner the managers and customers. without violence.
most attention and press coverage, there • Incident reporting: Employees should • Customized conflict resolution: Tailor
are more than 2 million cases of threats, report violence of any kind, even threats your conflict resolution training to
verbal abuse and physical assaults in U.S. and incidents that originate outside the specific positions, considering how
workplaces each year. organization, since domestic violence contact with the public and other
may intrude upon the workplace. workers may create disputes.
The Occupational Safety and Health Threats of violence could include social
Association regulates workplace violence media and other Internet postings, and The June incident in California should
using the general duty clause and cites management should consider reviewing remind you that even the most extreme
employers who fail to prevent or abate known employee postings. example of workplace violence can occur. If
workplace violence hazards. Guidance • Responsible people: This policy should you do not already have the above controls
identifies three categories of violence designate people for employees to report in place, you should confer with your
prevention mechanisms: administrative, incidents, preferably identifying multiple trusted labor and employment counsel
behavioral and environmental. individuals to give employee options so that you can act now to make your
that make them more comfortable and employees safer. n
While OSHA does not define these preclude situations where designated
mechanisms, below are some ideas you people are involved in an incident. Courtney Leyes is a partner in the Fisher
can employ today, if you have not already, Managers should also train employees Phillips law firm’s Gulfport, Miss., Memphis,
to minimize your risk of being liable and have designated roles if a violent and Nashville offices. Benjamin Ross is an
if workplace violence occurs at your event occurs. associate in the Fisher Phillips Denver office.
dealership. • Managing incidents: Diffusing violent
and potentially violent situations

4 | MIADA MISSISSIPPI DEALER Winter 2020