When CA’s Workplace Violence Prevention Law took effect on July 1, 2024, it joined a handful of other states including CT, IL, MD, MN, NJ, OR and WA with some type of similar law. On September 4, 2024, Governor Hochul signed into law the New York Retail Worker Safety Act which is intended to increase safety in the retail industry. Covered NY employers will be required to adopt a workplace violence prevention plan which must include: (1) list of factors or situations that may place retail employees at risk of workplace violence; (2) methods to prevent incidents of workplace violence; (3) information on legal provisions regarding violence against retail employees and remedies for victims; and (4) an anti-retaliation statement. Most provisions will take effect on March 1, 2025. NY will also require employee training in areas such as de-escalation techniques, active shooter drills, emergency procedures, instructions on using security alarms, panic buttons and other emergency devices. Notably, employers with 500 or more retail employees nationwide will also be required to provide access to panic buttons in the workplace or equip each employee with a wearable or mobile, company-issued panic button by January 1, 2027.
Individual state workplace violence laws have different requirements including coverage, e.g., general or specific industry application but they all represent a growing legislative response to workplace violence.
Federal OSHA has raised workplace violence as a recognized safety hazard for many years and has cited employers under the general duty clause for such violations. Although OSHA has discussed a general industry workplace violence rule, we will not see such a proposed rule in the foreseeable future. However, OSHA has made significantly more progress with its efforts to publish a workplace violence rule in the healthcare industry. Recently, OSHA published an updated regulatory agenda showing it plans to release the Prevention of Workplace Violence in Health Care and Social Assistance proposed rule in December of this year. After publication, it would be subject to a 60-day public comment period before being finalized. Of course, the results of the November election is likely to have an impact on the proposed rule.
The proposed rule will likely require a written workplace violence program, specific employee training requirements and create certain recordkeeping obligations with respect to workplace violence incidents. In addition, we might also expect to see requirements related to having trained and armed security personnel at healthcare facilities which could be significantly more challenging for smaller employers. Healthcare facilities may want to review current practices and policies as they relate to workplace violence prevention to help prepare for the expected proposed rule.
