On Monday, June 5, John Neumann, Jr., a former employee of Fiamma Inc. located in Orlando Florida, went on a fatal workplace shooting spree killing six employees before he killed himself.  He was fired in April by his former employer.  According to Orlando County Sheriff Jerry Demings, Neumann targeted his victims and had a “negative relationship” with at least one of them.  While we all want to think something like this will never happen to us, it can, and employers should be prepared.

With this latest employer making headlines in what seems to be a more frequently occurring tragedy, it serves as a wake-up call to HR how critical is has become to have a violence prevention program in place that includes guidelines for active shooters.  In 2014, the FBI published a report of a study they conducted of 160 active shooter incidents between the years of 2000 and 2013.  Of key importance to employers, this study reports that 70% of the active shooter incidents occurred at a commercial business or an educational institution.

While there is no specific federal regulation regarding an employer’s obligation to prevent workplace violence, under the general duty clause of the Occupational Health and Safety Act (OSHA) employers do have a legal responsibility to provide a safe workplace for employees, free from recognized hazards that are causing or are likely to cause death or serious physical harm.

In order to assist employers with developing a workplace violence prevention program, the Department of Homeland Security has developed an “Active Shooter Preparedness” website.  This site contains a webinar along with materials and tools designed to help employers develop policies and procedures to prevent and respond to active shooters.

When developing an active shooter emergency response plan, the following issues should be taken into consideration:

·       Threat identification—educating employees on how to recognize workplace violence indicators and the profile of an active shooter.  Specific processes should be developed for employees to report suspicious or potentially violent behavior to Human Resources and/or the police when appropriate.  The process should include how those complaints will be investigated.

·       Risk assessment and security analysis—develop a team to help assess the workplace and identify security measures already in place and potential areas of risk.  Local law enforcement often has units specially trained in this area and are willing to provide employers with feedback and recommendations. Outside experts may also need to be engaged to assist with this analysis.

·       Communication strategy—determine how communication will happen with employees, customers, law enforcement, etc. if an actual event were to take place. Employers may want to consider developing a threat response team which would be responsible for activating emergency response protocols during an active shooter event.

·       Response Plan—outline the actions employees should take when confronted with an active shooter and provide regular ongoing training.  The Department of Homeland Security advises the following response plan:

1.     Run—have an escape route and plan in mind, leave all belongings behind and keep your hands visible.

2.     Hide—hide in an area outside of the active shooters view, block entry to your hiding place and lock the doors.

3.     Fight—as a last resort and only when your life is in imminent danger, attempt to incapacitate the active shooter.  Act with physical aggression and throw items at the active shooter.

Employers should determine strategies for evacuating the facility or locking it down.  Employees should be aware of their closest route and alternate routes for evacuation.  Potential hiding places should be identified as well as available materials that could be used as weapons.  An evacuation meeting location should be designated along with ways to account for employees.

By proactively planning for these types of events, employers will be in a better position to reduce and hopefully avoid this type of risk in the workplace.

Sources: Bloomberg BNA 7/15/2016; FBI - A Study of Active Shooter Incidents in the United States Between 2000 and 2013