Protecting a workforce from workplace violence presents complicated challenges for employers.
Workplace violence incidents can emanate from myriad sources: a stranger, a customer, patient, or a co-worker, and can range from an active shooter to verbal threats from a disgruntled customer. While not every incident can be prevented, there are steps employers can take that can mitigate the consequences, which can be significant.
The effects of unaddressed workplace violence can include negative public perception, poor employee retention, citations from federal or state agencies, and potential liability.
While headlines highlight the concern in certain industries, such as the healthcare and retail industries, all employers should take note. Violence at a work site cannot always be prevented, but the risks can be lessened through a key formula:
Compliance, Prevention and Response.
Although the main focus of this article is the position in the U.S., we also take a brief look at similar new rules in the UK on protecting staff from sexual harassment at work.
Compliance with U.S. Federal and State Law
Federal OSHA Standard
The primary federal authority on workplace hazards, including workplace violence, is the Occupational Health and Safety Administration (OSHA). While OSHA does not specifically reference workplace violence in its regulations, it has made clear that workplace violence is an enforcement priority.
Under OSHA’s General Duty Clause, employers are required to provide “a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.” OSHA considers workplace violence to be a “recognized hazard.”
While lagging on implementing a standard specific to workplace violence, OSHA has published guidelines specific to workplace violence. For example, in 2009, OSHA issued recommendations for workplace violence prevention programs in late-night retail establishments. In 2017, OSHA also issued updated procedures for inspecting potential occupational exposure to workplace violence across all industries.
These guidelines generally encompass similar themes, using the General Duty Clause to avoid recognized hazards as the charge. These include: management commitment and worker participation, worksite analysis and hazard identification, hazard prevention and control, training, recordkeeping, and program evaluation.
States Step In to Fill the Gap
In the absence of a federal standard, many states have enacted legislation (or are working on such legislation) to further address workplace violence:
- As of July 1, 2024, California requires most employers to establish, implement, and maintain a workplace violence prevention plan that includes prohibiting employee retaliation, accepting and responding to reports of workplace violence, employee workplace violence training and communication, emergency response, and workplace violence hazard assessments, among other requirements, such as maintaining a violent incident log.
- New York recently enacted the Retail Worker Safety Act requiring retail employers to develop and implement workplace violence prevention training and policies and identify factors that might place retail employees at risk, among other requirements. Employers had until March 4, 2025 to adopt a compliant policy and will be required to distribute their written policies to all employees annually, and to new hires upon employment.
- In addition, effective January 1, 2027, the New York’s Retail Worker Safety Act will require employers with 500 or more employees nationwide to provide panic buttons throughout the workplace.
- Pennsylvania recently introduced a bill for a “Health Care Workplace Violence Prevention Act,” calling for a detailed written violence prevention plan, violence prevention committees in health facilities, risk assessment evaluations, reporting and recordkeeping.
- As of October 1, 2024, North Carolina requires law enforcement officers in hospital emergency departments.
These are just a few state initiatives that recently surfaced in response to growing concern over workplace violence, and we will likely see many more over the coming years. Employers in states with workplace violence prevention laws will want to use applicable legal requirements as a starting point to craft their workplace violence prevention plans and protocols, keeping their state’s minimum requirements and general guidelines in mind.
Next week: We dig deeper into workplace violence, with advice on prevention and response.
Seeking to proactively lessen the threat of violence at your workplace? Contact Synergy HR for insight tailored to organization.
Is your Employee Handbook
2025 Compliant?
Like it or not, recent federal and state law changes, regulatory changes and precedent-setting federal case law have necessitated the updating of your policies, procedures and forms.
And these required updates apply to employers of all sizes.
These revisions should have been in place by January 1, 2025.
Synergy Human Resources is available to help ensure that your policies, procedures and forms are updated and compliant for the new year.
