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Xerox Hawaii did have and implement a safety program that covered workplace violence before the deadly November 1999 rampage in which seven employees were killed by copy machine repairman Byran Uyesugi, the Hawaii Occupational Safety and Health Division has ruled. OSHA reverses
Xerox ruling,
drops citationsBy Debra Barayuga
Star-BulletinIn an about-face from its previous ruling in early November, the division has withdrawn citations it issued against Xerox Hawaii that charged the corporation with failing to implement an effective health and safety program to deal with workplace violence prior to the shooting.
"The goal of any citation that involves injury or death is to come into compliance with OSHA standards and to make sure they actually have a safety and health program," said Gilbert Coloma-Agaran, former Director of the Department of Labor. The Hawaii Occupational Safety and Health Division is the agency responsible for compliance with federal Occupational Safety and Health Administration rules.
The Hawaii division "is satisfied now that Xerox does have and has implemented a health and safety program," Agaran said.
In response to the citations, Xerox shared with state officials additional information on its workplace safety policies and filed its notice of appeal. Documentation of steps Xerox took to ensure its employees were aware of its policies and their implementation caused Hawaii's occupational safety division to reconsider its decision, said Glenn Sexton, vice president and general manager of Xerox Hawaii.
While Xerox feels that a workplace violence policy is essential, a policy cannot predict or prevent a criminal act from occurring, he said.
"In this situation, we do feel the policy was followed to the 'T' and unfortunately did not prevent what occurred," he said.
There is only one person to blame for the shooting, Sexton said, and that person is behind bars.
Uyesugi is serving a mandatory life term without parole, plus 235 years, in prison.
Agaran said the Uyesugi case stresses the importance of employers adopting a zero-tolerance policy on workplace violence. Attorney Mike Green, who filed lawsuits against Xerox on behalf of two former employees when the Hawaii occupational safety division issued its initial findings, criticized its decision to withdraw the citations as "incompetent."
"If they're that negligent -- taking weeks and weeks investigating, publish their decision and retract it -- they should close their doors."
Xerox killings
Uyesugi verdict
