On April 4, 2023, an employee of a Rhode Island hospital was charged with possession of a ghost gun. According to the criminal information, at approximately 1 p.m. on November 21, 2022, the Rhode Island State Police were dispatched to a hospital in Burrillville. There, it is alleged, State Police met with hospital administration staff who advised the troopers that an ongoing internal investigation revealed that an employee of the hospital, the defendant, possessed a firearm in his locker on the grounds.
Troopers conducted a search of the building, specifically an area on the second floor that is solely staffed and accessed by the defendant. In their search of this area, it is alleged, troopers discovered a metal wall locker, locked with a keypad lock. The defendant unlocked the locker, and troopers located a black AR-15 platform firearm with no serial number or identification markings. Troopers also seized two boxes of spent shell casings and one box of reloadable projectiles.
In a more recent case, an employee of a Florida nursing home was arrested April 20, after she shot a co-worker in the facility’s parking lot. Sheriff’s deputies were called to the nursing home about 9:15 a.m. after there was a report of shots fired. Deputies learned that two employees had gotten into an argument inside the facility that continued into the parking lot. One of the employees pulled out a gun and shot the other employee in the arm, deputies said.
Deputies said they took the employee who fired the shot into custody and charged her with attempted second-degree murder and aggravated battery with a firearm.
Compliance Perspective
Issue
The General Duty Clause from the OSHA Act of 1970 requires that, in addition to compliance with hazard-specific standards, all employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a recognized hazard within the healthcare industry and as such, employers have the responsibility via the Act to abate the hazard. The Occupational Safety and Health Administration (OSHA) relies on the General Duty Clause for enforcement authority.
Discussion Points
- Review policies and procedures related to risk management and preventing workplace violence. Early intervention can prevent situations from escalating by identifying, assessing, and managing a threat. Recognizing pre-attack warning signs and indicators could prevent a potential tragic event. Review policies and procedures regarding the facility’s Emergency Preparedness Plan provisions for responding to an active shooter situation, including the performance of risk assessments and drills. Also review policies regarding someone bringing a gun or other weapon onto the premises.
- Train staff on your policies and procedures related to preventing workplace violence. Ensure that all leadership staff are knowledgeable of OSHA’s guidelines and standards for a safe working environment. Staff should know that reporting any concerns is mandatory, and could save a life or prevent serious injury. Ensure staff know what to do if someone brings a gun or other weapon onto the premises, even if it is not an active shooter situation. Document that these trainings occurred, and file the signed documents in each employee’s education file. Hold mock drills that include participation of law enforcement and other first responders to assess the effectiveness and competence of staff in responding to emergency situations, and provide information to residents and responsible parties through your usual communication modalities. Document these actions thoroughly.
- Periodically audit to ensure that staff are trained and knowledgeable of your policies and procedures related to preventing workplace violence, and also of their duty to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline. Also audit to see if staff know what to do if someone brings a weapon onto the premises. As part of your effort, consider placing “no weapons” posters at all entrances to the facility, and periodically audit to ensure they remain in place. Add similar language to your employee handbook if not already included.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
