Workplace violence poses a major threat to employees: According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), of the 5,333 fatal workplace injuries that occurred in the United States in 2019, 761 (14%) were cases of intentional injury by another person. Over the last decade, several states have responded by requiring health care employers to enact workplace prevention programs.
In the last year, both New York and California passed laws requiring a broader range of employers to establish workplace violence prevention policies and provide training. As the number of workplace violence incidents continues to grow, it’s likely that other states may consider enacting measures similar to those in New York or California. As such, employers across the country who establish workplace violence prevention programs in their organizations now could be ahead of the game.
Implementing a Model for Workplace Prevention Training
Both New York and California have recently enacted laws requiring workplace violence prevention policies and training. However, these laws offer two distinct models that other states can consider when developing their own regulations.
New York’s Retail Worker Safety Act.
In August, New York’s governor signed the Retail Worker Safety Act, which mandates that employers with at least ten retail employees implement a workplace violence prevention policy. They must also provide their first round of annual workplace violence prevention training by March 2025. Additionally, employers with 500 or more retail employees nationwide will need to ensure that their New York retail employees have access to panic buttons by January 1, 2027.
Notably, New York’s law targets the retail industry, a sector identified as having a higher risk for workplace violence. Because of its industry-specific focus, the New York policy is likely to require less detailed implementation than California’s requirements. The New York Department of Labor (NYDOL) will provide a model policy and training materials, allowing employers to either use these templates or develop their own policies that meet or exceed NYDOL standards. Importantly, the New York law mandates training that covers active shooter drills and de-escalation techniques, which are not required under California’s legislation.
California’s comprehensive approach.
California set a benchmark for workplace violence prevention with the enactment of SB 553/California Labor Code Section 6401.9, which took effect in July. This law requires virtually all California employers to conduct hazard assessments of their worksites, implement comprehensive workplace violence prevention plans, and provide annual training. States looking for a single, thorough regulatory response to workplace violence may find the California model preferable.
Choosing between models.
States seeking a more focused approach that may impose fewer burdens on employers can follow New York’s model. With this state-led momentum, it is no longer a question of “if” other U.S. states will enact workplace violence prevention legislation, but rather “when.”
So, what does this mean for employers?
How Employers Can Prepare for Potential State Regulations
Organizations should prepare by building and implementing a workplace violence prevention program, utilizing the established laws as a blueprint. Whether the strategy is modeled after California’s law or New York’s, an organization’s prevention measures should address the needs of the employer’s particular industry and the risks its employees face.
Establish a policy.
It may be helpful for employers to model their workplace violence prevention policies after the California or New York requirements. If employers choose the California route, they should start by conducting a hazard assessment to determine what workplace violence hazards are present at their worksites. Once identified, organizations can determine if they are able to implement corrective measures for the potential risks. For example, if a stranger’s ability to access the employer’s offices is an identified risk, the corrective measure could be implementing more external security.
Identifying potential risks also gives organizations the ability to establish clear procedures for addressing specific scenarios, including methods for alerting employees about imminent threats, contacting law enforcement or security services and enacting effective evacuation or sheltering strategies. Alternatively, employers can adopt New York’s requirements if a simpler policy that can be put in place quickly is a better fit for the organization.
All policies should include a definition of workplace violence so that employees are able to recognize workplace violence when they see it. The policy should also include instructions on how to report workplace violence concerns as well as practical and specific procedures for emergency situations, such as an active shooter.
Provide training.
As the California and New York laws show, implementing a workplace violence prevention policy alone is not enough – there must be an aspect of continued training in order to effectively protect employees from violence. Ideally, employers should provide annual training to ensure that employees are being kept informed as workplace violence prevention policies and legal requirements evolve.
Employers can look to the New York and California laws for ideas about what training should cover. Key topics include how employees can recognize workplace violence, the warning signs that a coworker may become violent, how to report workplace violence concerns, and ways to respond such as de-escalation techniques and emergency response procedures, such as the “Run, Hide, Fight” method,
With the threat of workplace violence increasing, it’s more important than ever for employers to understand what laws like New York and California’s mean for their organizations and how to develop a workplace violence prevention program that addresses the needs of their industry. These established laws provide the necessary guidelines for employers across the U.S. to adopt their own, customized prevention plans to proactively comply with legal requirements that other states may adopt and provide safer work environments for employees.
