OSHA violation.

[MarilynLV]

What is the name of your state (only U.S. law)? MA

I am not a party to this, but would like to discuss it, if anyone's interested.

In a well publicized incident, an angry ex wife confronted her ex husband's current girlfriend and quite frankly, beat the living daylights out of her.

This was at an upscale restaurant.

After this altercation, a manager instructed a busboy to detain the perpetrator. At some point, the ex wife actually choked the busboy.

The busboy declined to file charges, most likely at the request of his employer.

Would the employer have to automatically report this to OSHA?

Detaining combative persons does not seem to be within the scope of a busboy's employment.

 

[NLW]

I think it is highly unlikely that it would be reported to OSHA, and if it were, I'm not sure what they would do abou it. OSHA reviews to ensure employers are following established OSHA guidelines - such as using a safety harness when working at heights, ensuring lockout-tagout procedures are established and followed when working with dangerous machinery, etc.

I can't imagine that OSHA has established rules pertaining to the incident you described.

That said, if the busboy was in need of medical treatment as it relates to the incident, he would be eligible for workers' compensation.