We gather again soon for another edition of the Workers' Compensation Hot Seat. These are unscripted interactions regarding issues that impact the workers' compensation community. It is difficult to believe, but August 2021 will be our 18th outing; topics have included vaccination liabilities, cybersecurity threats, vocational recovery, opioids and pot, sexual harassment, and more. All of the recordings are available on Workerscompensation.com.
In Episode 18, we will strive to tackle the threat of workplace violence. That is a very broad topic, and unfortunately, it is in no way novel. There has been a long history of workplace violence intertwined with such workers' compensation issues as compensability, the "aggressor rule," and more. Despite not being new, there are those who perceive workplace violence to be on the upswing in America. That may or may not be related to our current national health concerns, our seemingly increasing polarization, and intertwined doubts and concerns about what tomorrow will bring.
We find ourselves still in the midst of the SARS-CoV-2 virus and resulting Covid-19. Certainly, there has been ample progress, and our situation has improved vastly. However, we continue to see the impact and effects of this virus. As the vaccines took the fore in the spring, we had great news regarding masks: if fully vaccinated, no need to wear them (reported by N.Y. Times, 06.30.21). What a month that was before the CDC "revised" its mask guidance in late July (NPR, 07.27.21). And, retailers have begun to tighten rules and recommendations at their properties. Just this week, I found a major retailer with access restricted to one door again, mask recommendation signs posted again, and an employee pushing precautions (wipes, sanitizer, and masks) at the entrance.
SARS-CoV-2 has taught a great many things. First, it has shown us how resilient and perseverant we can be. The many successes and improvisations in our responses are nothing short of inspiring. There is no doubt in my mind that we are winning the battle against COVID, though the costs have been extraordinarily high (over 4 million dead worldwide according to Worldometers.com). There have been innumerable hospitalizations, quarantines, missed work, and more. My old friend Horace Middlemier recently noted "you show me someone utterly unaffected by COVID and I will show you a hermit."
In a broad sense, it is impractical for us to understand what others are going through. I noted this in April 2020 in We Will Get Through This; that post references an old post Can We Help Each Other (January 2014). We may strive diligently to both comprehend and commiserate, but success may be elusive. It is difficult to know what challenges your fellow travelers face.
In part, this is exacerbated by natural human tendencies regarding frank and thorough expression of feelings. Yes, we all internalize feelings, fears, and perceptions. There is a tendency to believe that having these will make us weak. Rather than admit to them, we all have some tendency to deny them and to "soldier on." The result may be that many who surround us do not see the challenges that we face or the uncertainties upon which we fixate. As a corollary, we are each encouraged by the stiff upper lips around us to perhaps believe we are alone in the uncertainties and challenges. Thus, the internalizations around us may further encourage our own. Denial perhaps becomes a societal attribute as well as personal?
Work has always produced stress. This is true for all of us, the family farmer, the industrialist, the hourly employee, and more. There is no question that the pandemic has brought additional stress upon our lives. I cannot imagine the daily challenge of transitioning children to remote learning. Similarly, I’m at a loss to understand the fortitude of those who shifted to a "work-at-home" paradigm of telecommuting in 2020 with such apparent ease and aplomb. Throughout this pandemic, people have faced the threats or realities of disappearing jobs, uncertainty of income, fluctuation in business revenue, loss of employees, and more. Work has been disrupted, and a variety of financial challenges have ensued. This has undermined our foundations and likely our confidence.
Coincident with this uncertain environment, we have seen polarization in this world over the last fifteen years. We have graduated in many respects from disagreement to almost warring factions in some settings. There is anger, disenchantment, disappointment, and indignation. In the midst of that, we have injected a pandemic of epic proportions with its impacts and stresses. And yet, some are surprised by the parade of news stories regarding the exhibition of that stress and anger:
"Utah Retail Clerk Shares Horror Stories About Enforcing Mask Policy," (Deseret News, July 2020).Masks - "One Former Employee Says Enforcement is Impossible (Vox.com, August 2020)."Man Refuses to wear mask, shoots store workers" (hcamag.com, July 2020)"CDC Issues Warning to Retail Workers: Don't Argue with Ani-Mask Shoppers Amid Pandemic," (Footwearnews.com, August 2020)."'Incomprehensible': Confrontations over Masks Erupt amid COVID-19 Crisis," (ABC News, May 2020)."Server takes Glass to the Face after Edmonton Pub Customer Reminded of Mask Bylaw," (Edmonton News, December 2020)."Retail Workers are Being Pulled into the Latest Culture War: Getting Customers to Wear Masks, (Washington Post, July 2020)."
It has continued to have repercussions into 2021. In June a cashier was shot and killed in a mask dispute. A fast food worker was strangled following a mask dispute. Forbes reported in June 2021 on a "string of fatal shootings over mask-wearing." It has simply become commonplace to see headlines about workplace violence. There have been examples of coworkers having confrontations, but the majority of those in the news involves a customer.
The news today reflects this in two articles: Homicides and Other Workplace Assault, and Workers Strike as Attacks Against Employees Continue. These are each on WorkersCompensation.com today. The Homicides article is built upon a study of workplace incidents in 2019, so there is a demonstration of incidence before COVID came to call. Thus, workplace violence is not novel, it is not unprecedented. We will wait about two years before the data on such assaults becomes clear for 2020, then 2021. The real study of comparison can then begin.
However, in the Workers Strike, we have reasonably good data for today. It is a partial view, a sample, but it is instructive. That article details six workers at a fast food store striking because they say the store has to call "911 on average once every four days." The story seems to corroborate the frequency of attacks with a survey statistic that almost half of those sampled in the summer of 2020 "said they had been verbally or physically assaulted." The predominant precipitating act was asking customers to wear masks.
With no way of knowing what stressors are pertinent in someone's present life, there is no telling what may be sufficient to generate discomfort, distress, and even anger or violence. It is possible our news reflects either that frequency of patron violence is increasing, or the news media's interest in it is growing. In support of an uptick in actual violence, CNBC reports that mask disputes are 75% of the FAA Unruly Passenger Complaints on Planes (July 2021). I have been on more flights in the last 18 months than many and I have yet to witness a single complaint, question, altercation, or disturbance over masks. Lost luggage, yes; delayed flights, yes; but not masks.
Worker’s Compensation is focused upon payment for injury and lost work. However, since it’s inception, it has also been seen as a transfer of cost from society to industry. It has been hopefully expressed that industry financial exposure will encourage necessary efforts at workplace safety, and injury prevention overall. Thus, in the arena of emotional distress, employers are faced with two important concerns during the pandemic. That is the overall mental well being of the staff and personnel, without whom the business cannot thrive. The second is the mental well-being of the customers, and prevention of physical injury to those critical employees.
Certainly, one could easily argue that these concerns persist perennially, and that is valid. Concern for the well-being of team members is not new in COVID. However, the pandemic accentuates or illustrates these concerns as the intensity of personal pressures escalates and the potential for eruptions apparently follows suit in the charged (overcharged?) environment in which we live.
How can employees be protected from the first category of challenges? Can mental health be fostered in the work environment, be it an office, telecommuting, or other? Can businesses do more to prepare their premises and personnel for the potential of an abusive or violent customer? In times of significant stress, what can employees do to better prepare themselves for both cause and effect? Are there effective strategies for the "de-escalation" of such interactions? Some are suggested here by Today.com. The issue is of such magnitude, that the Centers for Disease Control has even provided guidance on limiting violence in the workplace. It is focused on retail and service businesses, but there are valid points there any business might find informative.
Join us on August 19, 2021, for the Hot Seat. With representation from the employer's perspective and a mental health professional, we will have a great conversation about the challenges presented by this pandemic, the exacerbations of nerves and stressors, and how we might all travel through this path more viably together. Register now. If you are reading this after August 19, 2021, the recording is on the Hot Seat portion of the workerscompensation.com site.
