Presented by Christopher Fontan
Employees and Firearms BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
On-the-Job Shooting Incidents BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
1986 – Edmond Post Office Massacre • Patrick H. Sherrill, a postal worker, reported to work on August 20, 1986 • Had received a formal reprimand from his supervisor the day before • Sherrill arrived at work, armed with 3 semi-automatic pistols and ammunition BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
1986 – Edmond Post Office Massacre • By end of the day, Sherrill killed 14 postal workers and wounded 6 additional workers before killing himself • At the time, nation's third largest mass murder committed by single individual in a single incident • Origin of phrase - "going postal" BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What is Workplace Violence? The National Institute for Occupational Safety and Health defines "workplace violence" generally as "physical assaults and threats of assaults (including bullying) of other persons at work BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What is Workplace Violence? The NY State Department of Labor defines it as "any physical assault threatening behavior or verbal abuse occurring in the work setting." BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What is Workplace Violence? SHRM defines workplace violence as "an assault or other violent act/threat that occurs in or is related to the workplace and entails a substantial risk of physical or emotional harm to individuals or damage to company resources or capabilities." BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What Workplace Violence is NOT • Annoying behavior • Mere dislike of a co-worker • A rude customer/vendor BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Occupational Safety and Health Administration • OSHA says over 2 million Americans are victims of some type of workplace violence each year • Per OSHA, workplace violence ranks among the top 4 causes of death in the workplace in each of the last 15 years. BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
U.S. Bureau of Labor Statistics - Fatalities • In 2013, 4,405 fatal work injuries reported in the United States. • Overall, 753 workers were killed as a result of workplace violence and other injuries by persons/animals BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
More from The Bureau of Labor 500 400 Homicides • In 2013, of the 753 300 Suicides 200 fatalities, 397 were Other 100 homicides and 270 0 were suicides 2013 • Workplace homicide 500 total in 2013 was 16% 400 lower than 2012 (475 300 2012 in 2012) 200 2013 100 0 Homicides BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
More from the Bureau of Labor 600 • Shootings were the 400 79 most frequent 200 145 318 manner of death in 127 0 both workplace Homicide Suicide homicides (80%) and Shooting Other suicides (47%) 600 36 • Of 302 fatal work 400 66 injuries involving 200 415 236 women, 22% were 0 homicides (compared Women Men to 8% for men) Other Homicides BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
More from The Bureau of Labor • Per the BLS, over 3,000 died from workplace violence between 2006-2010. BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
More from the Bureau of Labor • According to the BLS, from 2003-2012, over 50% of workplace homicides occurred in 3 occupation classifications: Fatalities by Occupation Classification Sales and Related (28%) Protective Services (17%) Transporation and Material Moving (13%) Other (42%) BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What Do These Stats Tell Us? • “Workplace Violence” includes acts against workers by: o Co-workers o External visitors (customers, vendors, family members, etc.) o Former employees BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What Do These Stats Tell Us? • OSHA has a terminology for this: Criminal Intent Type 1 Customer/Clients/Patients Type 2 Co-worker Type 3 Personal Type 4 BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
OSHA Terminology Type 1 – Criminal Intent Violent acts by people who enter the workplace to commit a robbery Or violent act by a former employee who enters the workplace with the intent to commit a crime BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
OSHA Terminology Type 2 – Customers/Clients/Patients Violence directed at employees by customers, patients, clients, students, inmates, etc. Type 3 – Co-worker Violence against co-workers, supervisors, or managers by current or former employee, supervisor or manager BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
What Do These Stats Tell Us? Type 4 – Personal Violence in the workplace by someone who does not work there – but who is known to, or has a personal relationship with, an employee BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Potential Causes of Workplace Violence • Society of Human Resource Management (“SHRM”) Study: o Personality conflict was #1 motivating factor 100% • 2003 - 51% Other • 1999 - 55% 50% • 1996 - 65% Personality Conflict 0% 2003 1998 1996 o Personal relationship problems and emotional/mental illness tied as next highest cause BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • History of Violence o fascination with weapons o demonstrated violence toward inanimate objects o evidence of earlier violent behavior BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • Threatening Behavior o states intention to hurt someone o holds on to grudges o excessive behavior (phone calls, gifts, obsessions) o preoccupation with violence o unable to take criticism in stride BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • Intimidating Behavior o argumentative o displays unwarranted anger o uncooperative BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • Increase in Personal Stressors o unreciprocated personal romance o serious family or financial problems o recent job loss BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • Marked changes in mood/behavior o extreme/bizarre behavior o irrational beliefs/ideas o appears depressed or has heightened anxiety o marked decline in work performance BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
SHRM: Potential Warning Signs - Coworkers • Socially isolated o history of negative interpersonal relationships o few family or friends o views the workplace as home and co-workers as "family" o has obsessive involvement in his or her job BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Employer Obligations Concerning Workplace Violence • Presently, there are no Federal or Mississippi State laws that expressly prohibit employers from allowing workplace violence in the private sector. BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
U.S. Federal Laws • Closest thing: Occupational Safety and Health Act (“OSHA”) - General Duty Clause o General Duty Clause requires employers to provide a safe and healthful workplace for all workers covered by the OSH Act o Employers who do not take "reasonable steps" to prevent or abate a "recognized violence hazard in the workplace" can be cited for an OSHA violation BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Mississippi’s Laws • Mississippi "Open Carry" Law • Mississippi's new "Purse Carry" Law • Mississippi's Restriction on Employer weapon prohibition BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Mississippi 2013 House Bill 2 New “Open Carry” Law BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Prior Law : Quick Run-Down • No state permit is required to possess a rifle, shotgun or handgun (with exceptions) • No state permit is required to purchase a rifle, shotgun or handgun (with exceptions) • However, it was unlawful to carry a concealed pistol, revolver, rifle with a barrel less than 16”, shotgun with a barrel less than 18”, machine gun, fully automatic weapon, or any muffler or silencer without a license BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Prior Law : Carrying Miss. Code Ann. § 97-37-1 • An adult (18 or older) may carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle. • Any person may carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Prior Law : Carrying Miss. Code Ann. § 97-37-1 • “Concealed” means hidden or obscured from common observation. “Concealed” does not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible. BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
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