Workplace Violence Prevention Strategies and an Overview of the Ever-Growing Legal Landscape (Cal/OSHA Crossover)

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country. While OSHA has no specific standard for workplace violence, the OSH Act’s General Duty Clause requires employers to provide a workplace free from recognized serious hazards, and OSHA has instituted enforcement actions under its General Duty Clause after incidents of workplace violence. OSHA has also initiated a rulemaking to address workplace violence in specific industries.

California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every workplace violence incident (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. Numerous state laws also govern workplace violence in specific industries, such as retail, hospitality, and healthcare.  Most recently, New York implemented the New York Retail Worker Safety Act which likely reflects the start of a trend in workplace violence prevention laws nationwide.

Additionally, the EEOC has prioritized ways to effectively prevent and address workplace violence, particularly in workplace harassment. Furthermore, outside of OSHA, state legislation, and the EEOC, employers can be held liable for workplace violence through other claims such as negligent hiring and supervision.

Participants in this webinar will learn:

• What constitutes workplace violence
• EEOC and OSHA enforcement priorities
• Legal risks associated with workplace violence
• Updates on federal OSHA workplace violence rulemaking
• California’s Workplace Violence law
• New York’s Retail Worker Safety Act
• Patchwork of State Laws to deter and address workplace violence