Workplace Violence Prevention: HR's Legal Framework

The Scope of Workplace Violence

Workplace violence encompasses a wide range of behaviors, from threats and verbal abuse to physical assaults and homicide. According to OSHA, workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It affects employees across all industries, though certain sectors (healthcare, retail, social services, and public administration) face elevated risk.

For HR professionals studying for the SHRM-CP or SHRM-SCP exam, workplace violence prevention is tested within the risk management and workplace safety competencies. Understanding the legal framework, OSHA requirements, and best practices for prevention and response is essential for both exam success and practical HR leadership.

OSHA classifies workplace violence into four types:

• Type 1 (Criminal intent): The perpetrator has no legitimate relationship to the business or its employees. Examples include robberies and trespassing.
• Type 2 (Customer/client): The perpetrator is a customer, client, patient, or other person the organization serves.
• Type 3 (Worker-on-worker): The perpetrator is a current or former employee.
• Type 4 (Personal relationship): The perpetrator has a personal relationship with an employee (such as a domestic partner) and the violence occurs at the workplace.

Legal Framework and OSHA's Role

There is no single federal law that specifically addresses workplace violence prevention in the private sector. Instead, the legal framework draws from several sources:

• OSHA General Duty Clause: Under Section 5(a)(1) of the OSH Act, employers must provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. OSHA has cited employers under the General Duty Clause for failing to address workplace violence hazards, particularly in healthcare settings.
• OSHA guidelines: OSHA has published voluntary guidelines for preventing workplace violence in several industries, including healthcare and social services, late-night retail, and taxi and livery services. While these guidelines are not enforceable standards, they represent best practices that OSHA considers during inspections.
• State OSHA plans: Some states have enacted their own workplace violence prevention standards. California, for example, requires most healthcare employers to have a workplace violence prevention plan.
• Workers' compensation: Injuries from workplace violence are generally covered under workers' compensation as work-related injuries.
• Negligent hiring and retention: Employers can be held liable under state tort law for failing to exercise reasonable care in hiring or retaining employees who pose a foreseeable risk of harm to others.

Risk Assessment and Prevention Programs

Effective workplace violence prevention begins with a thorough risk assessment. HR professionals should work with safety teams and management to:

1. Analyze the work environment: Identify factors that increase the risk of violence, such as handling cash, working alone, working late hours, serving volatile populations, or having uncontrolled public access to the workplace.
2. Review incident history: Examine past incidents of violence, threats, or near-misses to identify patterns and vulnerabilities.
3. Assess physical security: Evaluate building access controls, lighting, surveillance systems, emergency communication systems, and safe rooms or escape routes.
4. Develop a written prevention policy: Create a comprehensive policy that defines workplace violence, establishes a zero-tolerance stance, and describes the reporting process and consequences for violations.
5. Implement a threat assessment team: Establish a multidisciplinary team (including HR, security, legal, and management) to evaluate reported threats and determine appropriate responses.

Response and Recovery

HR professionals should ensure the organization is prepared to respond to workplace violence incidents:

• Emergency action plan: Develop and regularly practice an emergency action plan that includes procedures for active threat situations, evacuation routes, shelter-in-place protocols, and communication with law enforcement.
• Training: Provide regular training to all employees on recognizing warning signs, reporting concerns, and responding to violent situations. Specialized training should be provided to managers, security personnel, and the threat assessment team.
• Employee Assistance Program (EAP): Ensure that EAP resources are available for employees affected by workplace violence, whether as victims, witnesses, or individuals struggling with personal issues that may escalate to violence.
• Post-incident response: After an incident, conduct a thorough investigation, provide support to affected employees, communicate transparently with the workforce, and evaluate what changes are needed to prevent recurrence.
• Documentation: Maintain detailed records of all threats, incidents, investigations, and actions taken. This documentation is essential for legal defense and continuous improvement of the prevention program.

Start Practicing Today

Workplace violence prevention is an important safety and risk management topic on the SHRM exam, which includes 134 questions over 4 hours at Prometric or OnVUE. Understand the General Duty Clause application, the four types of workplace violence, and best practices for prevention and response.

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