Navigating Workplace Violence Laws: An Employer's Guide

黛布拉K. 柯比,法学博士,硕士

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2024年4月9日

Workplace violence is a major concern affecting countless American workers and their employers. The Occupational Safety and Health Administration (OSHA) identifies it as the second-leading cause of fatal occupational injuries, 强调采取彻底行动的必要性.

工作场所暴力法例

加州最近的立法行动, Texas and New York show an increasing acknowledgement of the importance of preventing and addressing workplace violence.

  • In California, Governor Gavin Newsom signed Senate Bill 553 into law, effective July 1, 2024. This bill requires employers to establish workplace violence protection plans, including incident logs and employee training on reporting procedures. 另外, it empowers collective bargaining representatives to seek restraining orders for affected workers.
  • 类似的, Texas implemented the Workplace Violence Prevention Act, 重点关注卫生保健设施. This law mandates creating prevention committees, 制定预防暴力计划, implementing response protocols and completing annual employee training. The Reporting Workplace Violence Act complements these efforts by mandating employers display contact information for reporting incidents.
  • New York State’s proposed Retail Worker Safety Act (Senate Bill S8358) aims to safeguard retail employees. 如果得到批准, it will require employers to evaluate violence hazards, 制定全面的预防计划, offer training on de-escalation tactics and active shooter drills, and install panic buttons in certain establishments.

These legislative actions underscore a broader trend across the country where the prevalence of workplace violence is a call to action. 卫生保健环境, 特别是, 面临重大风险, prompting many states to implement specific regulations requiring prevention programs in addition to the standards established by the Joint Commission. 越来越多地, employers need to understand the changing legal landscape as well as their responsibilities when it comes to complying with the law and improving employee safety.

给雇主的要点

  • 积极的规划. Ensure you have comprehensive workplace violence protection policies that address the range of potential threats – from verbal through active shooter/assailant – with defined reporting and response requirements.
  • 文件和报告. Ensure employees are supported in reporting incidents without fear of retaliation. Task a specific role/person to maintain detailed incident logs, including the outcomes of incident assessments and 调查.
  • 威胁识别. Regularly assess reported incidents and behaviors that contribute to workplace violence hazards through inspections and team member feedback.
  • 培训与沟通. Ensure ongoing training in workplace violence prevention policies. Provide training on identifying warning signs of violence and equip managers with appropriate intervention tools and response protocols.

By prioritizing workplace violence prevention policies and practices, 包括遵守相关法律, employers can create safer environments for their employees while mitigating legal and reputational risks. 通过积极的项目开发, employers can significantly enhance workplace safety and protect employees and business interests. Our team is here to assist you throughout the process.

黛布拉K的大头照. 科比

作者简介

黛布拉K. 科比
Debra brings command experience in patrol operations, 调查, 有组织犯罪, 执法培训, 政策发展, data-led policing and internal affairs with an acute focus on integrity systems, covert operations and the need for strong accountability practices in support of operational priorities.