New England Biz Law Update
Many employers use the start of a new year as a signal to update their internal policies and employee handbooks to ensure continued compliance with state and federal laws. This becomes an opportunity for employers to implement necessary changes just as new regulations take effect.
Workplace violence is a complex topic and subject to complicated regulations. Successful policies address violence in the workplace but also plan for possible external threats. Here is an overview of some of the basics that an employer should consider when conducting that annual policy review.
Thinking about federal law
Section 5(a)(1) of the Occupational Safety and Health Act is the much-cited “general duty clause,” which requires employers to provide employees with a work environment that is free from recognized hazards that are causing or may cause harm. This gives employers a legal duty to create a safe workplace for all employees and further outlines some requirements to help ensure compliance.
Employers that want to promote a safe workplace should be thinking about systems for monitoring, preventing, and addressing workplace violence. OSHA’s definition is: “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite.” That covers a wide range of acts that include intimidating behavior, physical altercations, and use of weapons.
Many federal laws create room for states to introduce their own requirements, and workplace safety is no different. While federal law often sets the minimum standard, state law can add narrowly tailored requirements and provide helpful guidance.
Remaining in compliance
Even without a specific federal OSHA standard, the importance of comprehensive policy language is self-evident.
Workplace violence policies can vary widely depending on the workplace they are built for, but they often define what the business considers to be workplace violence, and state how to report workplace violence, and how the business handles received reports. Workplace violence policies can also address what items are permissible to bring onto a worksite, allowing an employer to regulate weapons at their place of business.
Employers whose employees fall into the following categories may be subject to special rules relating to workplace violence: taxi drivers, health care workers, restaurant workers, and late-night retail workers. Employers in those industries should take special care to ensure they remain compliant with the OSHA general duty to ensure a safe workplace as well as any specific requirements that may be imposed by federal or state law.
Why workplace violence policies matter
In addition to employers having a legal duty to prevent workplace violence, they also risk many economic dangers if they fail to properly protect their employees. Workplace violence has been tied to lost work time, decreases in employee morale, declines in productivity, increases in workers’ compensation payments, increases in medical expenses, and potential lawsuit liability, all of which can cost an employer much more than the cost of preventive measures. Providing employees with adequate protection is mutually beneficial and can save an employer money and build its long-term reputation.
Takeaways
Any government requirement is the minimum a business must adhere to and may leave one vulnerable as the world advances faster than legislation can be passed, so the obligation belongs to the employer to create an environment that provides ample protection for its employees. Employers should consider implementing or reviewing their workplace violence policies to minimize risk to their businesses and provide safer workplaces where employees can be as productive and healthy as possible.
Winslow Robinson is an attorney with Barran Liebman LLP. He advises and represents employers on a wide range of employment matters. Contact him at 503-276-2103 or [email protected].
Lex Shvartsmann is an attorney with Barran Liebman LLP. She advises and represents employers on a wide range of employment matters. Contact her at 503-276-2111 or [email protected].
