Osha Cites Security Company for Active Shooter Incident: What Should Employers Do Now?

• Jurisdiction: United States,Federal
• Citation: Vol. 1 No. 4
• Publication year: 2023

[Page 297]

Chantell C. Foley and Todd B. Logsdon ^*

In this article, the authors discuss the Occupational Safety and Health Administration's citation of a security company for a fatal shooting at a shopping mall and explain what employers can learn from this response and the steps they can take to create a more secure workplace.

The unfortunate uptick in active shooter events has led federal workplace safety officials to focus their sights on employers and whether they should be held responsible for the results of tragic events on their premises. Most recently, the Occupational Safety and Health Administration (OSHA) used the General Duty Clause to cite a security company for a fatal shooting at a shopping mall, saying the legal obligation requiring employers to maintain a workplace free of certain recognized hazards could include active shooter events. What can you learn from OSHA's response to this tragic event, and what steps can you take to create a more secure workplace?

Mall Confrontation Turns Deadly and Leads to Violation

In October 2021, a patron at the Boise Towne Square Mall in Idaho fatally shot a security officer. The officer was employed by Professional Security Consultants Inc., a security company providing officers for locations throughout the United States. On the day of the shooting, the employee confronted a patron in the mall openly carrying a firearm. The patron...