We had a physical fight break out between two employees. Does this type of situation trigger workplace violence rules and requirements?
The short answer is: Yes.
Workplace violence definitions include acts or threats of physical violence, including acts between employees. Employers are required to provide a safe workplace and to take steps to minimize the threat of workplace violence (California Labor Code, Section. 6401.9).
This very real question involved a fight that was not witnessed by any other employees and resulted in only minimal injuries to one of the employees involved. Nevertheless, the employer’s obligations to take steps were triggered.
The employer must comply with its own policies and procedures, and for minor fights, particularly if there is no history of violence by either party, a warning usually will suffice.
However, the employer should speak with both parties separately, getting each person’s version of what occurred.
Also a reality — the employer had a zero tolerance to violence policy in place along with a well-written violence prevention program.
Even when there is minimal evidence of an altercation, if other employees had witnessed it, there could be additional ramifications.
There should be clear guidelines of what is unacceptable behavior, as well as reporting guidelines so that if there are witnesses to an incident, they know what to do. The employer should stress that such reporting will be kept confidential and taken seriously.
The absence of witnesses does not negate the fact that something happened. Just because there is no physical evidence of an act of violence doesn’t mean that an act of violence did not occur.
Luckily, in the instant situation, there was minimal evidence of violence. Even so, the employer still should investigate what occurred to have a record of the incident in the event something else happens in the future.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
