Workplace Violence in the U.S.: What Employers Need to Know and Do Now

Workplace violence is a growing concern in the United States, impacting businesses across many industries and putting employee safety at risk. The data shows a troubling increase in incidents, making it critical for employers to take proactive steps and build awareness across their organizations.

This blog examines current statistics, OSHA guidance, best practices for prevention, and an overview of state-level tracking and reporting requirements, particularly in Virginia, the latest state to mandate reporting of workplace violence.

What Counts as Workplace Violence?

Workplace violence encompasses a range of behaviors from threats and verbal abuse to physical assaults and homicides. According to the Occupational Safety and Health Administration (OSHA), approximately 2 million American workers report having been victims of workplace violence each year. The Bureau of Labor Statistics (BLS) highlights that workplace homicides make up around 10% of all fatal workplace injuries. Healthcare and social service sectors are particularly vulnerable, with nearly 75% of workplace assaults occurring in these industries.

While there is no specific OSHA standard for workplace violence, the General Duty Clause of the Occupational Safety and Health Act requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. OSHA recommends that employers implement workplace violence prevention programs, conduct risk assessments, and provide employees with training on recognizing and responding to potential threats.

Best Practices for Employers

Employers play a central role in preventing and managing workplace violence. Here are some steps that can make a real difference:

1. Develop a Comprehensive Workplace Violence Prevention Program

Employers should establish a clear, written policy with zero tolerance for workplace violence. This program should include procedures for reporting and investigating incidents, as well as disciplinary measures for perpetrators.

2. Conduct Regular Risk Assessments

Regularly assess the workplace to identify potential hazards and vulnerabilities. This includes evaluating the physical layout, security measures, and the nature of interactions between employees and clients or customers.

3. Provide Employee Training

Training programs should be conducted to educate employees about the warning signs of potential violence, de-escalation techniques, and the proper procedures for reporting and responding to incidents of violence.

4. Implement Security Measures

Enhance security through measures such as surveillance cameras, alarm systems, and controlled access to the premises. Employers should also consider hiring security personnel if necessary.

5. Foster a Supportive Work Environment

Promote a culture of respect and open communication. Encourage employees to report any concerns or incidents without fear of retaliation. Providing access to employee assistance programs (EAP) can also offer support for those affected by workplace violence.

State-Level Reporting Requirements

Several states have implemented regulations requiring employers to track and report incidents of workplace violence. These measures aim to improve data collection, enhance prevention efforts, and ensure compliance with safety standards. Some of the key states include:

• California: California's Workplace Violence Prevention in Health Care standard mandates that healthcare employers implement comprehensive workplace violence prevention plans and report incidents to the state's Division of Occupational Safety and Health (Cal/OSHA).
• Washington: Washington State requires hospitals to develop and implement workplace violence prevention plans, conduct regular risk assessments, and maintain records of violent incidents.
• New York: New York's Workplace Violence Prevention Law requires public employers to conduct risk assessments, implement preventive measures, and provide training to employees.
• Virginia: Virginia is the newest state to require tracking and reporting of workplace violence. The state's legislation requires employers in high-risk industries, such as healthcare, to establish workplace violence prevention programs and report incidents to the Virginia Department of Labor and Industry.

Connecticut, Illinois, Louisiana, Maine, Maryland, Minnesota, New Jersey, Oregon, and Texas also have many of the above requirements. It is advisable to check the requirements in the states where you do business.

The rise in workplace violence is a serious issue, and employers can't afford to be reactive. By staying informed, following OSHA guidelines, implementing best practices, and complying with state laws, businesses can protect their employees and create a safer work environment.

Virginia's new reporting requirements are a clear signal that regulators are paying more attention to this issue. Companies should respond with equal urgency, investing in the policies, training, and culture that keep people safe.