Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas recently enacted a new law to protect healthcare employees from violence in the workplace. The Texas Legislature also implemented Chapter 104A, “Reporting Workplace Violence,” to the Texas Labor Code. The law became effective on September 1, 2023, and applies to all Texas employers.
Chapter 104A requires Texas employers of all sizes to post a notice with the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety. The notice must be posted in:
- A conspicuous place in the employer’s place of business;
- Locations sufficiently convenient to all employees; and
- English and Spanish, as appropriate.
On March 1, 2024, the Texas Workforce Commission issued a form of the required notice.
Other States That Have Similar Laws
California has a new law requiring all employers with at least 10 employees in the state to adopt a workplace violence prevention plan (see S.B. 553). The new legislation requires employers to have a plan, to involve employees in drafting the plan, and to conduct training when the plan is rolled out, then annually after that. In addition, employers must keep a log of all violent incidents, which includes specifics about the incident, the type of violence, consequences of the incident, and the name of the person recording the log. Employers must retain logs and training records for five years. Plans must be in place by July 1, 2024.
Next Steps
If you have employees in Texas, post your notices. If you have remote or hybrid staff, make the notice electronically accessible. You could distribute it via email, incorporate it in a digital rendition of the employee handbook, or share it via the intranet or an internal virtual bulletin board (or all of those things). This ensures that the poster remains easily accessible and available to all employees, regardless of their work arrangement.
If you are a healthcare employer in Texas, get your workplace violation prevention plan in place and make sure you follow the requirements for the law that goes into effect on September 1, 2024.
Considering the increased attention from the Texas Legislature on preventing workplace violence, Texas employers should implement workplace violence plans and policies or contemplate the review and enhancement of current policies and procedures related to workplace violence to ensure that they corroborate with the recent laws. If you don’t have employees in Texas, check your state laws. If no laws apply to you yet, don’t forget the OSHA General Duty Clause. You will want your employees to know what to do if violence erupts in your workplace.
