Do I have any legal grounds against my company for not protecting me from workplace violence?

I do not agree entirely with Bruce. An employer does have a duty to provide a safe workplace. This duty arises under Ohio common law. OSHA also imposes a general obligation on employers to make the workplace safe.

Your problem, though, is not with an unsafe workplace. Rather, you seek a workplace free from intimidation by a co-worker. This is similar to a domestic violence or a stalking situation. On this, Bruce is correct. The law does not treat menacing in the workplace any differently from menacing away from work.

However, no matter where you are in Ohio:

"No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person."

Ohio Revised Code section 2903.211(A)(1), prohibition against menacing by stalking. If someone engages in this type of behavior, you can obtain a civil protection order (CPO)from court. If you have the evidence of menacing, a CPO is relatively easy to obtain.

It sounds like your co-worker already engaged in conduct that caused you to believe she would cause you physical harm or mental distress. If she engages in a pattern of this conduct (i.e., does it one or more times), then you may be able to obtain a CP0. Typically, a CPO will require the person to stay physically away from you, wherever you are, including at work.

Bringing this back to the practicalities of the workplace, let's hope it does not get that far. First, try to get along with your co-worker. Do not show fear. Show her respect, and ask her to do the same.

If you co-worker menaces or intimidates you, and you believe that she may cause you harm, you have the right to go to your employer, under the employer's general duty to provide a safe workplace, and report the menacing conduct to the employer. As Bruce said, though, from there you may not be able to force the employer to do something about the co-worker, but I think most employers will want to address the situation. If they do not, and the co-worker continues to engage in a pattern of menacing conduct, then you can go to court and obtain the CPO.

posted by Neil Klingshirn  |  Jul 12, 2012 07:32 AM [EST]

There is no general guarantee of safety in the workplace beyond the work rules and criminal laws. The civil rights laws provide protection based upon race, gender, religion, age and disability, but not generally for threats. It also sounds like the person is the same gender, so that doesn't give you an easy claim. You have taken the appropriate steps and you should be cautious during the time any change takes place.

posted by Bruce Elfvin  |  Jul 12, 2012 06:39 AM [EST]