[authors: Greg Keating and Ed Mills]
Protecting a workforce against violence at the workplace gives employers complicated challenges. Power of violence at the workplace can arise from countless sources: a stranger, a customer, a patient or an employee and can range from an active shooter to verbal threats of an angry customer. Although not every incident can be prevented, there are steps that employers can take that can alleviate the consequences, which can be significant. The effects of violence on inappropriate workplace can include negative public perception, poor employee loyalty, quotes from the federal government or state authorities and potential liability.
While headlines highlight the concern in certain industries such as the health and retail industry, all employers should take note of. Violence at a job cannot always be prevented, but the risks can be reduced by a key formula: Conformity, prevention and reaction.
Although the focus of this article is the position in the USA, we also take a quick look at similar new rules in Great Britain to protect employees from sexual harassment at work.
Compliance with the US federal and state law
Federal Osha Standard
The primary federal authority for dangers in the workplace, including violence at the workplace, is the Labor and Security Authority (OSHA). While Osha does not expressly refer to violence at the workplace in her regulations, she has made it clear that violence at the workplace is a asset priority. As part of the general service clause of the OSHA, employers must “be recognized a job that is free of recognized dangers that lead or likely cause the employees to death or serious physical damage”. Osha sees violence at the workplace as a “recognized danger”.
While Osha is lagging behind a standard for violence at work, she has published guidelines for violence at the workplace. For example, Osha 2009 spent recommendations for violence prevention programs on late -evening retail stores. In 2017, OSHA also issued updated procedures to check the potential work force at the workplace in all industries.
These guidelines generally include similar topics, whereby the general service clause is used to avoid recognized dangers as an indictment. These include: Management engagement and participation of employees, construction site analysis and danger identification, hazard prevention and control, training, recording and program evaluation.
States occur to close the gap
In the absence of a federal state, many states have issued laws (or work on such legal provisions) in order to continue to address violence at the workplace:
- From July 1, 2024, California requires most employers to build, implement and keep a plan to prevent violence at the workplace, and to keep violent risk reviews, including, such as maintaining a violent incident protocol.
- New York recently put the law on the security of the retail worker into force, according to which retailers were able to develop and implement the training and guidelines for violence prevention at work and could identify factors in which the retail employees could be at risk. Until March 4, 2025, employers have time to adopt a compliant guideline, and have to distribute their written guidelines to all employees annually and provide new employees after employment. In addition, on January 1, 2027, the law requires 500 or more employees nationwide to provide panic buttons at the workplace.
- Pennsylvania recently has a draft law for a “law on violence in the healthcare system”, in which a detailed written violence prevention plan, violence prevention committee in health institutions, reviews on risk assessment, reporting and records is required.
- From October 1, 2024, North Carolina demands law enforcement officers in emergency departments in the hospital.
These are just a few state initiatives that recently appeared in response to growing concern about violence at the workplace, and we will probably see much more in the coming years. Employers in states with violent prevention laws at work would like to apply the applicable legal requirements as a starting point for the creation of their violent prevention plans and protocols at the workplace and take into account the minimum requirements and general guidelines of their state.
prevention
Prevention is constant effort. A well -designed, local prevention plan and a training protocol is most effective when it is paired with regular reviews and adjustments for effectiveness. Employers should consider developing guidelines and plans, including:
- Specific location and situation ratings to identify possible risks based on the physical website and the expected circumstances of a working day, then take effective ways to take these risks. Employers may want to request experts in security, de -escalation, avoiding conflicts and ergonomics
- Proactive employee training as a local prevention plan
- Answer plan to incidents
- Effective reporting mechanisms that promote regular reporting, whereby a system is available to evaluate incidents and take into account future prevention
In addition, employers should consider implementing some specific furnishing measures depending on their workforce and industry, including surveillance cameras, panic buttons, metal detectors or an increased staff. Other creative approaches are the use of K-9 units in hospitals and retail environments to prevent and prevent violence.
Answer
Unfortunately, events are not always avoidable even in precautionary measures. The steps taken after a violent incident are the key to managing the liability risk and public perception. These incidents throw various problems with the management of workforce, including injured workers' management, accommodation or leaves of absence, burnout of employees and trauma advice. There can also be a media relationship component. Note that there are probably also reporting obligations to OSHA and industry -specific agencies.
It is important for the employer to recognize that every incident, no matter how small, can inform their prevention plan in the future. A thorough review and evaluation can help identify risks and facilitate updated prevention measures. Perhaps it is even more important that the employer's reaction creates the workplace culture and improves the storage and trust of the employees that their employer appreciates security.
snack
Employers should implement a program for prevention and reaction at the workplace. If your state has specific requirements, check these boxes. But even if not, the general topics of evaluation, training and reporting are good starting points. It is important to talk about possible violence with your workforce, both for prevention and the commitment of the employees. What do employees experience? What does it work, what not? Promotion of reporting and ongoing risk assessment and adaptation of the security plans if necessary.
Great Britain sexual harassment prevention
In Great Britain on October 26, 2024, employers were subject to a new duty to prevent sexual harassment at work (in accordance with the Workers Protection Act). This obligation requires employers to take “reasonable steps” to prevent their employees from sexual harassment at work, be it from colleagues or third parties such as customers or suppliers.
If employers do not take reasonable steps to prevent sexual harassment and reach an employee in a claim to sexual harassment, the compensation of the employee can be increased by up to 25%. And whether the claims of individual employees are made or not, the Equality and Human Rights Commission (Ehrc) is the authorization to examine employers who may be able to adhere to the obligation and take assertiveness.
Practical implications
What steps would it be reasonable for employers to comply with the new duty? It is not surprising that what is reasonable, varies from one employer to another and depends on various factors, including the size of the employer and the sector in which he works. Ehrc enabled guidelines for employers to take into account, including:
- Completion of a written risk assessment and regular review of the risks for employees both internally and third parties and considering how the risks can be reduced.
- Development of an effective anti-nuisance guideline, including relevant examples and up to date.
- Implement effective reporting mechanisms, encourage employees to obtain concerns and examine and treat complaints immediately and effectively.
- Deliver mandatory and regular training courses for all employees to prevent sexual harassment, including training for the manager, how complaints can deal with.
The British government (newly elected in July 2024) said it intended to strengthen the duty and take the specific steps in order to maintain employers. Therefore, we can determine additional obligations that are introduced for employers for the employer at a due time.
The introduction of this obligation in Great Britain corresponds to an international trend for employers to prevent sexual harassment. For example, Great Britain is followed by Australia, where an obligation has recently been introduced to take appropriate and proportional measures in order not only to illegal sexual harassment, but also forms of sexual harassment, discrimination against gender, enemy work environments and victimization. Australia also has positive tasks in the context of health and security laws to reduce the risks of health and security at work, including physical and mental security, which overlaps with the positive duty. It is important that multinational organizations are aware of how their guidelines and procedures work in this area worldwide.
2025 forecast
The global landscape of employee protection will develop, with legislation to improve security and well -being at work. In order to navigate in this changing regulatory environment, organizations are recommended to proactively develop and implement relevant guidelines and training, to create a flexible compliance framework for adaptability to new requirements and to continuously monitor the legislative developments. The successful management of workplace protection practices requires the cooperation between risk and compliance, personnel and legal teams to ensure compliance with compliance and reduce risks.
Take a look at the original article at risk and compliance. Matters