The Unfortunate Necessity of a Workplace Violence Prevention Plan
The facts about workplace violence are, frankly, startling. According to the National Safety Council (NSC), millions of American workers have reported being victims of acts or threats of violence at their place of employment. In 2020, work-related assaults resulted in 20,500 injuries and 392 fatalities. The Centers for Disease Control and Prevention (CDC) reported that in the same year, gun violence led to more than 45,000 deaths. As breaking news of mass shootings and other acts of violence increase in frequency, employers must take steps to protect their employees from all types of intentional harm. An important way to do so is by implementing a workplace violence plan.
California OSHA Regulation Update
In May, the California Occupational Safety and Health Administration (OSHA) released an update to a 2018 draft intended to regulate workplace violence prevention. The rule applies to all employers in the state, with very few exceptions. Such rules likely will be developed by other states in coming months.
Workplace Violence Prevention Plan
The OSHA rule would require employers to “establish, implement, and maintain an effective workplace violence prevention plan (Plan).” The Plan must be in writing and available to employees and authorized employee representatives.
Rules for the Plan include:
Methods to ensure employee involvement in development and implementation
Coordination of implementation with other employers, when applicable
Reporting procedures that protect employees from retaliation
Processes for responding to workplace violence emergencies
Procedures for reviewing the Plan periodically and after a workplace violence incident
Steps for logging every workplace violence incident, including all threats and perceived threats
A list of items that an employer will not allow in the workplace and the type of behavior that is unacceptable to the employer
A workplace violence prevention plan lets your employees know that you are concerned with their safety and taking specific measures to protect them. It also provides employees with information about reporting concerns, which may prevent violent incidents from happening at all. Your employment attorney can assist you in creating and implementing an effective plan that positively responds to threats of violence in the workplace. We are, as always, happy to help.