Part 2 of 2
Read Part 1 here.
Prevention
Prevention is an ongoing effort. A well-designed, site-specific prevention plan and training protocol is most effective if paired with periodic assessments and adjustments for effectiveness.
Employers should consider developing policies and plans that include:
- Specific site and situational assessments to identify possible risks based on the physical site and anticipated circumstances of a workday, then consider effective ways to address those risks. Employers may want to call upon experts in security, de-escalation and conflict avoidance and ergonomics
- Proactive employee training on the site-specific prevention plan
- Response plan to incidents
- Effective reporting mechanisms that encourage regular reporting, with a system in place to evaluate incidents and consider future prevention.
In addition, employers should consider implementing specific facility measures depending on their workforce and industry, such as security cameras, panic buttons, metal detectors, or increased staffing.
Other creative approaches include the use of K-9 units in hospitals and retail environments to deter and prevent violence.
Response
Unfortunately, even with precautions, incidents are not always preventable. The steps taken after a violent incident are key to managing liability risk and public perception. These incidents raise various workforce management issues, including injured worker management, accommodations or leaves of absence, employee burnout, and trauma counseling.
There may be a media relations component as well.
Note that there are also likely reporting obligations to OSHA and industry-specific agencies.
The employer needs to recognize that each incident, no matter how small, can help inform its prevention plan in the future. A thorough review and evaluation can help identify risks and facilitate updated prevention measures. Perhaps even more important, the employer’s response helps shape the workplace culture, improving employee retention and trust that their employer values safety.
Takeaways
Employers should implement a workplace violence prevention and response program. If your state has specific requirements, check those boxes. But even if not, the general themes of assessment, training, and reporting are good starting points.
Talking about possible violence with your workforce is important for both prevention and employee engagement. What are employees experiencing? What is working, what is not? Encourage reporting and ongoing risk assessment, adjusting security plans as needed.
UK sexual harassment prevention
In the UK, on October 26, 2024 employers became subject to a new duty to prevent sexual harassment at work (under the Worker Protection Act). This duty requires employers to take “reasonable steps” to prevent sexual harassment of their employees at work, whether from colleagues or from third parties, such as clients or suppliers.
If employers fail to take reasonable steps to prevent sexual harassment, and an employee succeeds in a sexual harassment claim, the employee’s compensation may be increased by up to 25%.
And whether or not any claims are brought by individual employees, the Equality and Human Rights Commission (EHRC) has the power to investigate employers that may have failed to comply with the duty and can take enforcement action.
Practical implications
So, what sort of steps would it be reasonable for employers to take to comply with the new duty?
Unsurprisingly, what is reasonable will vary from one employer to another and depends on various factors including the employer’s size and the sector it operates in.
The UK EHRC produced guidance for employers on the measures it should consider, including:
- Completing a written risk assessment, and regularly reviewing to assess the risks to staff both internally and from third parties, and considering (on an ongoing basis) how to reduce the risks.
- Developing an effective anti-harassment policy, including relevant examples, and keeping it updated.
- Implement effective reporting mechanisms, encourage staff to raise concerns, and investigate and address complaints promptly and effectively.
- Deliver mandatory and regular training for all staff on preventing sexual harassment, including training for manager on how to handle complaints.
The UK Government (newly elected in July 2024) said it intends to strengthen the duty and legislate for the specific steps employers should take to comply, so we may see additional obligations introduced for employers in due course.
The introduction of this duty in the UK is in line with a trend internationally for employers to prevent sexual harassment. For example, the UK follows Australia where recently a duty was introduced to take reasonable and proportionate measures to eliminate not only unlawful sexual harassment, but forms of sex-based harassment, sex discrimination, hostile work environments and victimization.
Australia also has positive duties under health and safety laws to reduce risks to health and safety in the workplace including both physical and psychological safety, which overlays with the positive duty.
It is important for multinational organizations to be aware of how their policies and procedures in this area operate globally.
2025 prediction
The global landscape of worker protection will continue to evolve, with increasing legislation aimed at enhancing workplace safety and wellbeing.
To navigate this changing regulatory environment, organizations are advised to proactively develop and implement relevant policies and training, establish a flexible compliance framework for adaptability to new requirements, and continuously monitor legislative developments.
Successfully managing workplace protection practices will require collaboration between risk and compliance, HR, and legal teams to ensure compliance and mitigate risks.
Seeking to implement workplace violence policies and training at your organization? 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.
