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 have 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 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.
Prevention
Prevention is an ongoing effort. A well designed, site-specific prevention plan and training protocol is most effective if it is 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 some specific facility measures depending on their workforce and industry, including 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.
It is important for the employer 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 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.
2025 Top 10 Trends in Risk and Compliance
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