Workplace Violence Policies

Unfortunately, we live in a country that is known for its violent events – school shootings, threats to politicians and judges, road rage incidents – the list is a lengthy one.  Employees who are forward facing and interact on a regular basis with the public, whether it be a bank teller, a cashier, a health care worker, or anyone else who provides a direct service, are also at risk of workplace violence incidents.  In fact, in 2023 alone, the Bureau of Labor Statistics stated that workplace violence incidents resulted in over 20,000 injuries and hundreds of fatalities across the United States.  In response to these risks, schools have taken steps to address the threat of violence by implementing active shooter drills.  This begs the question about the obligation of employers to maintain a safe working environment. 

The federal OSHA law, as part of its General Duty Clause, provides a baseline of protection for workers by requiring employers to provide a workplace free from recognized hazards.  This clause has been interpreted to cover incidents of workplace violence.  OSHA has also issued guidance regarding the protection of healthcare and social service workers specifically.  While this guidance does not apply to most employers, it recommends that organizations conduct worksite analysis, implement hazard prevention and control measures, provide safety and health training, and maintain detailed recordkeeping systems relating to workplace violence incidents that result in lost time, injury or death. 

As with many employment laws, states have implemented their own specific workplace violence requirements, and these are generally more stringent than those contained in federal law.  State laws often require employers to implement workplace violence prevention programs that include reporting procedures, plans regarding the response to workplace violence incidents, and training for employees regarding workplace violence.  In addition, state laws also require employers to keep detailed logs of workplace violence incidents and to develop methods and protocols for responding to incidents when they occur. 

The following states have general workplace violence prevention laws in place:  California, New York, Washington state, and Oregon,  The workplace violence laws in these states are applicable to all employers regardless of their industry and require employers to conduct risk assessments and take steps to reduce identified risks.  Other states, such as Connecticut, Illinois, Maine, Maryland, and New Jersey, have implemented industry specific workplace violence prevention laws.  These industry specific requirements tend to apply to healthcare facilities, late night retail establishments, and educational institutions – essentially places and businesses that have higher rates of workplace violence.  Employers are responsible for knowing the law in their state and for determining their obligations under the law. 

Even in states where there is not a separate workplace violence prevention program requirement, employers will be well served by introducing their own policy statement regarding workplace violence and their obligation to maintain a safe and respectful working environment.  This is consistent with the employer’s obligation under the General Duty clause of the federal OSHA law and is good practice.  Such a policy should include a statement of the employer’s commitment to workplace safety, a clear reporting procedure for employees to use when they feel threatened at work, risk assessment protocols, preventive measure and controls, and incident response and post incident procedures.  The proper development and implementation of such a policy may provide an employer with a defense against any negligence claims regarding workplace violence.  myHRcounsel can assist you in both determining your obligation under the law to develop a workplace policy and to assist you in implementing a best practice workplace violence prevention program.