Workplace violence: Laws to know and signs to watch for

The rise in gun violence and other workplace violence incidents that make the news headlines far too often reinforce how important it is for employers to take action to protect their companies and employees.

Behaviors that constitute workplace violence

According to the Occupational Safety and Health Administration (OSHA), workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the work site. Most typically, one might think of physical attacks (including kicking, punching, slapping, choking, and spitting) or attacks with a weapon or object, such a gun, knife, or brick.

However, verbal attacks, including discriminatory or sexually harassing statements, insults, and name-calling, can also constitute workplace violence. Sexual assaults or threats are considered workplace violence as well. Arson may be workplace violence as well, particularly when lives are put at risk. In some states, including Indiana and California, even animal attacks can constitute workplace violence, such as when an animal is trained to attack or is not properly contained.

Current laws addressing workplace violence

Workplace violence laws address a variety of issues that employers need to be aware of. Some of the issues covered in those laws include:

• Possession of weapons and other weapons on company property, including parking lots, company vehicles, and on-site lockers;
• Requirements that employers create and implement workplace violence prevention plans, protocols, employee training, and safety committees;
• Ability of employers to obtain temporary restraining orders and orders of protection to ensure workplace and employee safety;
• Leave that must be granted for victims to seek medical, legal, and other types of assistance; and
• Special requirements for specific industries, such as healthcare facilities, retail establishments, and taxi and for-hire drivers.

New laws on the horizon

Legislators are taking note and drafting laws that require employers to take action to prevent and respond to workplace violence threats, including:

• New York. A bill passed by the New York State legislature on June 3, 2024, if signed by the governor, would mandate that retail employers install panic buttons in the workplace, establish a “workplace violence prevention policy,” and provide workplace violence training to covered employees.
• California. A new law passed in California requires California employers to prepare and implement a Workplace Violence Prevention Plan, train employees on how to identify and avoid workplace violence, and maintain a violent incident log by July 1, 2024.
• Texas. A new law in Texas will require Texas healthcare facilities to adopt violence prevention plans for healthcare settings by September 1, 2024.

Workplace violence perpetrators and victims: not just employees

Four workplace violence incidents occurred in Chicago in May 2024, including two incidents of one employee stabbing another (resulting in one death), a subcontractor stabbing an employee he was in a relationship with, and one employee pointing a gun at another. Those four incidents highlight the different types of actors involved in workplace violence.

Employers have a responsibility to protect their employees in the workplace regardless of who the perpetrators and victims are. The threat or victim could be another employee. It could also be an outsider. Workplace violence actors can include

• Trespassers,
• Customers, subcontractors, clients, patients, students, inmates, or visitors,
• Present or former employees, and
• Individuals having a personal relationship with an employee, such as a romantic partner, acquaintance, or a family member.

Warning signs: what to watch for

To prevent workplace violence, employers should be aware of and keep an eye for inappropriate behaviors that have the potential to escalate. Some behaviors to look out for include:

• Insubordination, pushing the limits of acceptable conduct, disregarding the health and safety of others, and being argumentative and challenging others;
• Physical posturing, like standing too closely or menacing;
• Swearing or emotional language, crying, sulking, and displays of anger or impulsive behavior;
• Social isolation, misinterpretations of communications, and grudge-holding;
• Poor handling of criticism, insistence that they are always right, and blaming others for mistakes;
• Frequent complaining about the same problems or individuals and allegations of unfair personal treatment or victimization; and
• Physical signs, including shaking, sweating, flushed or pale face, exaggerated gestures, shallow/rapid breathing, pacing or other restless, repetitive movements, loud talking, or change in voice.

Takeaways

Workplace violence is an important ongoing problem facing employers. However, employers can take steps to prevent incidents and minimize their impact. Employers should educate themselves, their managers, and their employees on how to recognize workplace violence threats and the channels for reporting concerns.

Additionally, employers should have plans in place to respond to emergencies. Finally, employers should take steps to identify hazards and vulnerabilities and put security and other measures into place to eliminate or reduce such hazards.