Workplace violence is a serious safety and health issue. While no federal law specifically addresses violence in the workplace, several laws impose a duty on employers to maintain a safe workplace.
For example, the federal civil rights laws require employers to keep the workplace free from threats of violence. In addition, the federal Occupational Safety and Health Act (OSH Act) imposes a general duty on all employers to provide employees with a workplace that is free from hazards.
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as “violent acts (including physical assaults and threats of assaults) directed toward persons at work or on duty.” The Occupational Safety and Health Administration (OSHA) recognizes four different types of workplace violence:
Criminal Acts: Violent acts by people, employees or former employees who enter the workplace with the intention to commit a crime;
Customer/Client/Patients: Violent acts directed at employees by individuals who enter the employer’s premises to obtain some type of service;
Co-Worker Conflict: Violence against co-workers, supervisors or managers by a current or former employee, supervisor or manager; and
Personal: Violent acts by someone who does not work for the employer, but who is known to, or has a personal relationship with, an employee.
Workplace violence is a particularly prevalent issue in healthcare and social service settings, as well as in late-night retail establishments.
LMC now offers Combative Patient Training. Contact a member of our Risk Management team for information.
These materials are intended to assist employers in their effort to improve workplace health and safety. The information provided herein is not meant to be used, nor should it be used, to diagnose and/or treat any medical condition. It is intended for general information purposes only and not as a substitute for professional medical or legal advice. The information provided in this training is to be used as a tool for addressing workplace violence and does not provide certification in any form nor guarantee against the risk of workplace violence.
Regulators are cracking down on failures to protect workers from violence. OSHA is considering proposing a new standard to deal just with workplace violence, which currently is cited under the General Duty clause requiring employers to protect workers from hazards “that are causing or are likely to cause death or serious harm.”
OSHA states that a written program for workplace violence prevention, incorporated into an organization’s overall safety and health program, offers an effective approach to reduce or eliminate the risk of violence in the workplace. The plan will be most effective if it is tailored to the individual needs and circumstances of the employer, and should take into account the resources available for the employer to enact and maintain the program.
The building blocks for developing an effective workplace violence prevention program include:
Management commitment and employee participation,
Hazard prevention and control,
Safety and health training, and
Recordkeeping and program evaluation.
As with any occupational safety and health program, it should be evaluated and reassessed on a regular basis. It’s also important to check for applicable state requirements. Several states have passed legislation and developed requirements that address workplace violence.
While every effort has been taken in compiling this information to ensure that its contents are totally accurate, neither the publisher nor the author can accept liability for any inaccuracies or change circumstances of any information herein or for the consequences of any reliance placed upon it. This publication is distributed on the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice or services. Readers should always seek professional advice before entering into any commitments.