Question: Geraldine Jones is a clerk in the Sack-of-Suds convenience store. She works on the night shift alone. OSHA has issued recommendations for prevention of workplace violence, many of which relate directly to Jones's situation. However, the OSHA publication specifically states, These recommendations are not a new standard or regulation and do not create any new OSHA duties. Under the Occupational Safety and Health Act of 1970 (the OSH Act, or the Act), the extent of an employer's obligation to address workplace violence is governed by the General Duty Clause. The fact that a measure is recommended in this document but not adopted by an employer is not evidence of a violation of the General Duty Clause.
The recommendations provide information about possible workplace violence prevention strategies. They describe a variety of tools that may be useful to employers designing a violence prevention program. The Sack-of-Suds owners decline to provide any training or protection for employees such as Jones. The company's iron-clad rule for clerks is that no more than $50 is to be kept in the register at any one time. All other cash is to be stuffed through the slot in a floor safe, which Jones is unable to open. One night an armed robber entered her store and demanded the money. When Jones could only produce a little less that $50 from her cash drawer, the thief became infuriated, beating Jones severely. If Jones complains to OSHA, will the agency be able to make a citation and fine stick against the company on these facts?