SOURCES

1 Northwestern National Life, Fear and Violence in the Workplace: A survey documenting the experience of American Workers 11 (October 1993).

2 OSH Daily (BNA) February 16, 1994 at 4 (reporting the results of the Bureau of Labor Statistics Census of Fatal Occupational Injuries for 1992).

3 Secretary of Labor vs. Tampa Shipyards, Inc., 15 OSH case (BNA) 1533, 1535 (rev. comm. 1992); Getty Oil Company v. Occupational Safety and Health Review Commission, 530 F.2d 1143, 1145 (5th Cir. 1976).

4 2A Larson, The Law of Workers' Compensation, § 65.00 at 12-1 (1993).

5 Hershey v. 95 Associates, 604 A2d 1068, 1070 (Pa. Super.) app. den, 615 A2d 341 (Pa 1992). (hotel night auditor subject to sexual attack while counting money in the cash register.)

6 Thompson v. Anserall, Inc., 522 So. 2d 284 (Ala. Civ. App. 1988).

7 Marky v. Dee Rose Furniture Company, 574 A2d 546 (N.J. Super. Ct.) cert den 585 A2d 368 (N.J. 1990) (employee shot at work by former boyfriend who was jealous of employee's involvement with co-worker - workers' compensation claim denied.)

8 An example could be assaults by deranged co-employees or even strangers. See, Cedar Rapids Community School v. Cady, 278 N.W. 2d 298 (Iowa 1979) (paranoid schizophrenic employee kills a coemployee, believing him to be a professional hit man.) Compare with cases in which an attack occurs in a place which is "work related"; (i.e., the employee would not have been there except for the requirement to be so by his or her employer.) K-Mart Corp. v. Novak, 521 N.E. 2d 1346 (Ind. Ct. App. 1988). (Store employee killed on the job by a violent intruder; award of workers' compensation benefits on the grounds that the employee would not have been at the store had she not been employed there.)

9 Silva v. Showcase Cinemas Concessions of Dedham, Inc., 736 F.2d 810 (1st Cir.) cert den. 469 U.S. 883 (1984).

10 Carlson v. Wackenhut Corporation, 868 P2d 882 (Wash. Ct. App. 1994) (a security firm was held liable for failing to adequately screen the background of a security guard who later sexually assaulted a teenage girl at a rock concert. The guard's employment application failed to list prior employers for seven preceding years and the security firm failed to ask for references or conduct any investigation before hiring the individual.)

11 29 C.F.R. § 1630.13 (a).

12 29 C.F.R. § 1630.14 (b)(c).

13 15 U.S.C. § 1681 (d)(m).

14 New York Labor Law § 201-a; California Labor Code § 1054.

15 Vernars v. Young, 539 F.2d 966, 969 (3rd Cir. 1976) (employer opened and read employee's mail.)

16 18 U.S.C. § 2510 (5)(a)(i); Watkins v. L.M. Berry & Company, 704 F.2d 577, 581 (11th Cir. 1983).