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    4. Implementing Strategies for Workplace Violence Prevention & Response

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    Implementing Strategies for Workplace Violence Prevention & Response

    June 2, 2022

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    By Shelagh Michaud

    Key takeaways from our latest virtual program on workplace violence prevention and Cal/OSHA's revised draft of its Workplace Violence Prevention Standard for General Industry.

    Unfortunately, workplace violence (WPV) is affecting more and more workplaces. No longer just an issue for healthcare or retail, WPV impacts businesses across all industries and is a critical workplace safety consideration for all employers. Below are some of the key takeaways from our latest webinar on the workplace violence issues and prevention:

    The definition of workplace violence varies by occupational safety and health (OSH) agency, but it’s important to note that for all OSH agencies, workplace violence is not limited to just physical violence. For example, Fed/OSHA defines WPV as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite. It ranges from threats and verbal abuse to physical assaults and even homicide.” (Emphasis added.)

    While Fed/OSHA has not presently promulgated a WPV prevention standard for general industry, when WPV is a recognized hazard in the workplace, employers still have legal responsibilities for preventing it under the general duty clause. In addition, as incidents of WPV rise, many OSH agencies are placing more of an emphasis for education and enforcement on WPV. Fed/OSHA recently stated that it was re-focusing on this area in certain industries and Cal/OSHA has just released its revised draft of a WPV standard for general industry. This new Cal/OSHA standard would be in addition to the standard already in place for healthcare in California.

    Given the new (or renewed) emphasis on WPV issues, employers should take steps now to develop and implement their own WPV prevention procedures, training, and response plans. When developing a WPV program, consider the following:

    • Assemble an interdisciplinary team to plan and implement the WPV program
    • Involve legal counsel (either internal or external or both) in the process. Collect and review existing materials and reports of previous incidents
    • Identify trends and risks for the business, industry, and/or community that may impact workplace safety
    • Communicate risks and provide training to employees on WPV issues
    • Regularly re-evaluate policies and plans

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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