All organizations bear the responsibility of preventing workplace violence, which can be defined as any act of violence or threat of violence that occurs in a place of employment. Typically, perpetrators of workplace violence are employees, former employees, customers, clients or even external people who have or previously had a personal relationship with an employee. In some cases, a perpetrator could also be a random person with no legitimate business relationship to the workplace and is just there with the intent to commit a crime. As training professionals support business needs and goals, they play an important role in preventing workplace violence.
Workplace violence continues to be a major threat to employees — the Occupational Safety and Health Administration (OSHA) estimates 2 million U.S. workers are victims of workplace violence annually. While this data highlights the need for organizations to better protect their employees, learning and development (L&D) departments also have affirmative responsibilities when it comes to providing a safe workplace.
According to OSHA’s General Duty Clause, employers are legally required to provide “places of employment which are free from recognized hazards that are causing, or are likely to cause, death or serious physical harm.” OSHA has long upheld that workplace violence constitutes a hazard, and employers can face consequences for failing to take reasonable steps to prevent situations from occurring.
More companies across the nation recognize that workplace violence prevention training is indispensable for mitigating risk and building a comprehensive prevention plan. California is taking this a step further by making it a law. In this article, we’ll outline how the state is helping employers respond to workplace violence with an emphasis on behavioral-focused training.
Overview: California’s Workplace Violence Prevention Law
The California Division of Occupational Safety and Health (Cal/OSHA) has a clear legal obligation for health care employers in California to prioritize employee safety. These regulations necessitate:
- The creation and implementation of a formalized violence prevention plan that complies with established best practices and regulatory requirements.
- An annual commitment to providing employees with training and appropriate response protocols.
- The diligent recording of all violent incidents within the workplace to ensure accurate data collection and effective program evaluation.
And by January, 1, 2024, all employers operating in the state of California will be required to implement a workplace violence preventive plan, provide annual employee training and maintain a violent incident log. Employers are expected to complete the development and implementation of these plans, along with the initial annual training for employees by the effective date.
For a compliant and successful rollout of workplace preventive plans, there are three important practices L&D leaders in California and beyond must address:
- Foster constructive partnerships and cross-departmental collaboration with company stakeholders and other employers, building owners and employee representatives to enhance program effectiveness and facilitate seamless implementation.
- Include employees in the workplace preventive plan’s development. This can include direct reports and individuals with a broader exposure to the workplace, such as supervisors and front-line personnel. While California’s law exempts remote employees from mandatory training and plan development, actively engaging all employees remains a best practice. Including remote workers aligns with the underlying spirit of the law, which emphasizes proactive identification and mitigation of workplace violence hazards.
- Ensure employees are compliant with the prevention plan by training them on procedures and clear intervention and response protocols. For the training to be most effective, it must make a significant impact on employees’ sense of safety at work. Meaningful impact to employee safety requires a genuine investment from the business, which is a continuous effort and needs to be driven and supported by everyone in the organization.
Workplace Violence Prevention for Employers Outside of California
As the first law of its kind in the U.S., the Californian law signifies a major milestone in enhancing workplace safety. While California’s workplace violence prevention law is a proactive strategy to enhance the safety of employees, it also creates a sense of urgency for businesses in other states to develop a similar plan as well as provide workplace prevention training to their employees. As with any rule or regulation, businesses who are early adopters can place their company in a better position to prevent workplace violence while mitigating the risks that come with it.
Workplace violence prevention training is essential to protecting businesses and avoiding legal ramifications and reputational risks due to an incident. Learning leaders must train employees on the different types of workplace violence, and how to report concerns and respond effectively when situations escalate. As cases of workplace violence continue to rise (especially in health care), L&D professionals must take responsibility in preventing workplace violence to not only promote a safe working environment, but also future-proof their business for if and when their state rolls out a law similar to California’s.
