Pascal Benyamini Discusses the General Duty Clause With RV Pro

Labor and employment partner Pascal Benyamini discussed OSHA and the General Duty Clause with RV Pro in recent article, “Workplace Violence: Reducing the Risk.”

“The employer has an obligation under the General Duty Clause of the OSHA Act to provide a safe workplace,” said Benyamini. “OSHA and other government entities can assess fines and penalties to an employer for not having provided one.”

Employers can incur financial losses from workers’ compensation claims and lawsuits by injured employees or customers, or by the next of kin or family of an employee who has been killed. “Litigation can be expensive,” Benyamini said. “And if a case gets in front of a jury that determines the employer looked the other way when there were warning signs of a pending violent act, a company can get hit with punitive damages.”

When it comes to responding in a timely manner to warning signs, employees are often the first line of defense. “Management can’t know everything that happens on the floor where people are working,” Benyamini said. “When employees see or hear something, they need to say something so that if an incident ends up becoming a credible threat, measures can be taken to reduce the risk.”