Workplace safety is an increasingly urgent concern across the United States, driven by the rising number of workplace violence incidents. In response, several states have introduced legislation aimed at preventing violence in the workplace and ensuring the protection of employees. These laws place a responsibility on employers to maintain a safe working environment, and failure to comply can lead to significant penalties.
While the specifics of workplace violence laws differ from state to state, the trend is clear: ensuring the safety of workers is becoming a legislative priority. Businesses must stay updated on the evolving legal landscape and implement the necessary prevention and reporting measures to foster a safe working environment.
What Are State Workplace Violence Laws?
Workplace violence laws vary by state, but they generally address similar issues, such as the employer’s duty to prevent violent incidents and ensure a safe work environment. Key elements typically required by these laws include written violence prevention plans that identify potential hazards and outline measures to prevent violence, incident reporting, training, and posting notices that inform employees about how to report workplace violence.
These measures protect employees and reduce employer liability. Failure to comply with these laws can result in fines, legal action, and even business closures. Businesses that do not prioritize safety may also face reputational damage and increased employee turnover as workers seek safer environments.
What States Currently Have Workplace Violence Laws?
Several states have implemented robust workplace violence prevention laws, each with its own set of requirements. The majority of these state laws, including those in Connecticut, Maryland, Minnesota, New Jersey, Oregon, and Washington, focus on the healthcare industry. They require healthcare and social services organizations to adopt violence prevention plans.
The Illinois Workplace Violence Prevention Act, which took effect in 2014, allows employers to seek orders of protection on behalf of employees who have been threatened or harassed. This law focuses on legal protections for workers rather than prevention programs, though it encourages employers to take preventive steps to address threats in the workplace.
Now two additional states have enacted workplace violence laws: California and New York.
What Is New York’s New Workplace Violence Prevention Law?
On September 4, 2024, New York Governor Kathy Hochul signed the New York Retail Worker Safety Act into law. The new law focuses on increasing safety in the retail industry. It will require employers to adopt a workplace violence prevention plan. The plan must include five things:
- A list of factors or situations that may place retail employees at risk of workplace violence
- Methods to prevent incidents of workplace violence
- Information on legal provisions regarding violence against retail employees and remedies for victims
- An anti-retaliation statement
- Training on topics that include de-escalation techniques, active shooter drills, emergency procedures, and instructions on using security alarms, panic buttons, and other emergency devices
Additionally, employers with 500 or more retail employees nationwide must give employees access to panic buttons in the workplace or give employees a company-issued wearable or mobile panic button by January 1, 2027.
What Is California’s New Workplace Violence Prevention Law?
California’s new workplace violence prevention law, SB 553, went into effect on July 1, 2024. SB 553 introduces comprehensive requirements aimed at ensuring safer work environments across all industries. It emphasizes the importance of involving employees in creating and implementing workplace violence prevention plans, fostering a collaborative approach to addressing workplace violence.
The cornerstone of the new law is the Workplace Violence Prevention Plan (WVPP). All California employers must develop a WVPP, which can be incorporated into their existing Injury and Illness Prevention Plan or maintained as a separate document. This plan must be site-specific, addressing the unique risks of each location. The plan must include the following information:
- The names of persons responsible for its implementation
- Effective procedures for employee involvement in developing and implementing the plan
- Methods to coordinate implementation of the plan with other employers (if applicable)
- Procedures for employers to handle and respond to reports of workplace violence
- Procedures to ensure employee compliance
- Procedures for communicating with employees regarding workplace violence matters.
Employers are also required to provide comprehensive training when the WVPP is first implemented and to offer annual refreshers. Training must also be provided when new risks are identified or changes are made to the WVPP. This ensures that employees are always up-to-date on how to recognize, prevent, and respond to violent situations in the workplace.
Finally, employers must establish clear reporting procedures for workplace violence incidents. All incidents, regardless of severity or injury, must be documented in a Violent Incident Log, which must be maintained for at least five years.
Employers that fail to meet these obligations may face significant penalties, including fines from the California Division of Occupational Safety and Health (Cal/OSHA), as well as potential civil liability if an employee is harmed due to workplace violence.
How To Stay Ahead Of The Curve
For businesses in California, the new 2024 law marks a significant shift in workplace safety requirements. For those in other states, now is the time to review current workplace violence policies and ensure they are aligned with any evolving state laws. Proactive measures, such as developing prevention plans, conducting employee training, and maintaining thorough records, can help businesses stay compliant and protect their workforce.
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