• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • File a Report
  • Check Report
  • Client Login

Red Flag Reporting

Protecting Organizations & Their People

  • Home
  • About RFR
    • Our Team and Expertise
    • Who Do We Help?
    • Published Articles
  • Services
    • Hotline Service
    • Compliance Services
  • Benefits
    • Protect Employees
    • Protect Your Reputation
    • Protect Your Bottom Line
    • Manage Cases with Ease
  • Blog
  • Get Started
    • FAQ
    • Request a Demo or Quote
  • Contact Us

June 13, 2022

Cal/OSHA Initiative Paves the Way for Workplace Violence Prevention

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

Workplace violence is gaining more attention in recent years, partially due to the increase in violence against healthcare workers in the wake of the COVID-19 pandemic. While the Occupational Safety and Health Administration does not currently mandate workplace violence prevention on the federal level, local and sector specific legislation is beginning to appear. California is one of the states that are leading the way for workplace violence prevention law.

In 2017, the California Division of Occupational Safety and Health (Cal/OSHA) adopted standards for workplace violence prevention in the health care setting. This legislation paved the way for the federal Workplace Violence Prevention for Health Care and Social Service Workers Act, which was passed by the House of Representatives and is awaiting the Senate’s vote.

In addition, Cal/OSHA released a revised discussion draft for the proposed regulation for workplace violence prevention in the general industry standards on May 17, 2022. While the proposed regulation would only apply to California, it has the potential to serve as a model for future regulation of workplace violence prevention on a broader scale. The following will discuss these revisions, as reported in the SHRM article, “Cal/OSHA Proposed Revisions to Workplace Violence Prevention Requirements,” by Ursula L. Clemons.

Definitions

The revised draft omits the definitions of “Chief,” “Division,” and “union representative,” and includes changes to the following definitions.

Threat of violence: The revised definition no longer solely refers to a threat of physical injury. Instead, the term refers to “a statement or conduct that causes a person to fear for their safety because there is a reasonable possibility the person might be injured, and that serves no legitimate purpose.”

Workplace violence: In the revised draft, “workplace violence” is defined as “any act of violence or threat of violence that occurs in a place of employment.” The revised definition also includes an exception for “lawful acts of self-defense or defense of others, or self-inflicted harm that does involve violence or threats of violence to others.”  We would think that the exception would be when the self-inflicted violence does not involve others, perhaps pointing to a typo in the draft.

 

 Workplace Violence Prevention Plans

The revised draft includes a broader definition of representative to include “authorized employee representatives,” as opposed to only union representatives. With this in place, the regulation indicates that employers must involve employees and “authorized employee representative” in developing and implementing workplace violence prevention plans. It also states that workplace violence prevention plans must be in writing and available to employees and “authorized employee representatives.”

In addition to the above changes, the revised draft indicates that employers are required to review their workplace violence prevention plans after any “workplace violence incident,” as opposed to a “workplace violence incident that results in an injury.” Employers are also required to include “Methods the employer will use to coordinate implementation of the Plan with other employers when applicable,” as well as procedures for responding to workplace violence emergencies.

 

Violence Incident Logs

The revised draft indicates that employers are required to record all workplace violence incidents, not just those resulting in injury. That said, the revision omits the requirement to document the post-incident response and investigation in the log. Due to other minor revisions, it will no longer be necessary for employers to indicate the following:

  • Time lost from work
  • Whether medical treatment was provided
  • Whether assistance was provided to end the incident
  • The “specific” location of the incident*

*Note that employers will still be required to include a general location.

 

Training Requirements

The revised draft of the proposed regulation states, “The employer shall provide employees with general awareness training on workplace violence that includes: the employer’s Plan, how to obtain a copy of the employer’s Plan, how to participate in the development and implementation of the employer’s Plan, the definition and requirements in this section, and how to report workplace violence incidents or concerns to the employer without fear of reprisal.”

The revised draft also includes several additional requirements for employers who had an incident of workplace violence within the last five years. Notably, employers in this situation are required to inform employees of “how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.”

While the rules and regulations are not finalized, they provide employers with ideas of how to prevent workplace violence. Whether or not you are legally obligated to create a workplace violence prevention plan, it is a worthwhile endeavor for the wellbeing of your organization as a whole. Including workplace violence prevention in occupational health and safety protocol creates a safer workplace.

Workplace violence sometimes follows perceived or real harassment.  Learn to recognize it here.

Share on LinkedIn Share
Share on Facebook Share
Share on TwitterTweet

Filed Under: Uncategorized

We are Red Flag Reporting

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

We are an Ethics Hotline Service Provider
Find Out More  Get a Quote

Primary Sidebar

Hotline and Web Portal

We are an Ethics Hotline Service Provider

Get a Quote

We offer ethics, safety and fraud hotline / case management solutions to our clients via the web, over the phone and through other methods. Trusted by organizations large and small in 50 countries, we can help you!

OSHA Publishes Interim Final Rule for Addressing Criminal Antitrust Anti-Retaliation Complaints

The interim final rule, which became effective on …

[Read Article...] about OSHA Publishes Interim Final Rule for Addressing Criminal Antitrust Anti-Retaliation Complaints

Mastering the Zoom Apology

Note: This article is provided by fellow Akros …

[Read Article...] about Mastering the Zoom Apology

Watch Out for AI-Assisted Fraud

Artificial Intelligence (AI) is a type of …

[Read Article...] about Watch Out for AI-Assisted Fraud

Footer

Follow Along

  • Facebook
  • LinkedIn
  • Twitter

Red Flag Reporting

Red Flag Reporting provides compliance and ethics hotline services and case management software solutions to organizations seeking to promote safe and ethical behavior.

Reach Us

Red Flag Reporting
P.O. Box 4230, Akron, Ohio 44321
Contact Us

(Sales Office only – not a reporting line)
Tel: 877-676-6551
Fax: 330-572-8146

NOTE: Red Flag Reporting services are available for purchase by organizations only. We do not sell or provide our services to individual people.

  

 

Copyright © 2023 Red Flag Reporting all rights reserved. All other trademarks and copyrights are the property of their respective holders.

  • Red Flag Reporting – Ethics, Fraud and Whistleblower Hotline Service
  • Contact Us
  • Privacy Policy