How Real Estate Owners Can Protect Against Workplace Violence

Do you recommend notifying tenants during a workplace violence incident? Or would that create additional panic?
Unfortunately, there is not a one-size-fits-all answer for when to communicate an act of violence, and each individual situation would require a real-time assessment. For example, if a tenant has two employees get into a fist fight on your property, a building-wide emergency notification would likely be an overreaction. However, if one of those employees was terminated and returned to the property with a weapon, you would want to clearly and promptly communicate that emergency situation to tenants in real-time, so they can respond appropriately to protect themselves.

Most importantly, however, you want to ensure you have the capability to communicate emergencies in real time across multiple platforms (email, text message, robocall, etc.).

We want to implement security measures to our building, but we don't want our guests and tenants to feel unwelcome or intimidated. What would you recommend we do?
First, a complete a risk assessment that identifies your physical security needs will ensure what you implement is an appropriate response to your actual hazards and risk. If you intend to add security features that control access or restrict movement, a strong communication campaign about the changes and why you are implementing them will help tenants transition. To ensure guests feel welcome and safe, consider the entry point messaging in the form signage, or front desk staff “welcome talking points” that emphasize the safety and security of guest and visitors is a priority. Done properly, this kind of messaging can offset the inconvenience and make guests feel more welcomed.

How do you handle first responders' access to secure tenant suites?
There are a variety of master key lockbox solutions for buildings that vary in complexity and sophistication, but ultimately grant site-wide emergency access to first responders. Plan and coordinate with your local emergency response agencies to identify any local ordinances or preferences for emergency access, and assign an internal liaison to coordinate some non-emergency site visits with local first responders to promote familiarity with your facility and grounds.

If you are in a multi-tenant building, what is your liability if your tenant is responsible for managing their employees' building access?
In a situation where tenants are responsible for managing their employees' building access on an individual basis, the property owner would most likely not be liable for a security issue with those systems. That being said, the building owner still has a duty to provide security for the common areas of the building that addresses "foreseeable" risks. As discussed in the webinar, the term "foreseeable" can be subjective and is defined by courts on a case-by-case basis.

We hired a 3rd party security company. Does the risk fall on them, or am I legally protected with my contract?
Hiring a third party security firm can help to protect a property owner from negligent security claims, but it is ultimately up to the terms of the contract as to which entity is responsible for what. We would expect both parties to be named in a lawsuit, and then the scope of the agreement would come into play. We recommend that our clients work closely with their security vendors on an integrated security and workplace violence prevention plan.

When an employee is experiencing a domestic violence situation - and the employer becomes aware of the situation - what is the employer's responsibility to protect the employee?
The short answer is that employers should talk with their legal counsel to account for employer legal obligations that include considerations like the Family Medical Leave Act (FMLA), state anti-discrimination laws and time off for victims. Unfortunately, national statistics tell us 25% of women and 10% of men have been a victim of severe physical violence, which means employers are very likely to experience an intimate partner violence situation or threat at some point. The ASIS/SHRM co-authored American National Standard on workplace violence specifically identifies the need for "strategies specific to intimate partner violence". Also, remember that a threat of domestic violence coming to the workplace creates risk for all of your other employees, tenants, customers and visitors, so having a plan and strategy in place is important.

It was mentioned that environmental coverage is important. Is that usually part of a General Liability or Property policy?
There are two types of environmental coverage: first party and third party. First party coverage is to protect your assets, as the policy holder, in the event of a loss. In a few Property coverage forms, there is a small sub-limit for environmental, but usually not enough to be meaningful for this type of loss. Third party coverage is to pay for damages incurred by others in the event of a loss. Environmental damage to an adjacent property, or to individuals injured in the event, could be covered by the General Liability policy, if environmental coverage is afforded. Standalone environmental policies that provide first and third party coverages can also be purchased.

What should I do (as an individual) in a scenario where there is an active shooter?
Currently, the Department of Homeland Security recommends the "Run, Hide, Fight" personal safety strategy. It is important to remember that in the unlikely event you find yourself in an active shooter situation, the event will be dynamic and rapidly changing. Therefore, the best course of action is to be ready to transition from either running, hiding, or fighting based on the circumstances.