A frustrated employee has an argument with his supervisor after a denial of a request. An irate customer is arguing with a cashier at the service desk. At first glance, these situations are minor and would never lead to violent behavior by employees or customers; however, as we see today, these are often precursor behaviors to more serious events. With almost two million American workers reporting being victimized through workplace violence, employers are becoming increasingly concerned about this issue. Workplace violence is dangerous in that it can cause actual harm to your workers or/and consumers. Workplace violence causes lower productivity, greater employee turnover, and lasting harm to the reputation of your company. This guide will assist you to create an overall plan for preventing workplace violence; show you how to effectively use de-escalation techniques; and explain the requirements under which you must operate so as to be compliant with all federal, state, and local (where necessary) workplace violence-related statutes and regulations.
The Legal Framework for Workplace Safety Compliance
The Federal and State Governments are placing increased emphasis on Workplace Violence Prevention as a result of the passage of new State Laws that include Mandates to Employers to prevent Workplace Violence. Historically, OSHA has cited Employers under the General Duty Clause, however, the new wave of State Legislation has created a mandate for Employers. A prime example is California’s Workplace Violence Prevention Standard (SB 553) which will be implemented by July 1, 2025. This standard requires nearly all employers within the State of California to develop a written plan for the prevention of workplace violence and provide significant training for employees [1]. New York and Oregon have also enacted similar legislation with respect to the specific industry(s) they apply to, which indicates a national trend toward increased workplace safety compliance.
OSHA’s General Duty Clause and Five-Point Plan
Section 5(a)(1) of the Occupational Safety and Health Act requires employers to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” OSHA uses this clause to enforce workplace violence prevention, particularly in high-risk industries. The agency recommends a five-point plan as a foundation for an effective program:
- Leadership must make a strong commitment to a safe working environment for employees;
- The worksite should be analyzed to proactively determine where hazards may exist and to assess those hazards in terms of risk;
- Engineering and administrative controls must be implemented to control or prevent hazards from occurring;
- All employees must be trained on hazards that exist at their job site as well as how to prevent them;
- Records of incidents must be kept and the safety and health program must be evaluated to measure its effectiveness.
Building Your Workplace Violence Prevention Plan
A written plan is the cornerstone of an effective prevention program. It should be tailored to the specific hazards of your workplace and include the following elements:
| Plan Element | Description |
|---|---|
| Policy Statement | A clear declaration of management’s commitment to a violence-free workplace. |
| Roles and Responsibilities | Defines who is responsible for implementing and maintaining the plan. |
| Hazard Assessment | Procedures for identifying and evaluating workplace violence hazards. |
| Control Measures | Engineering and administrative controls to reduce risks (e.g., security systems, lighting). |
| Incident Reporting | Clear procedures for employees to report incidents without fear of retaliation. |
| Incident Investigation | Protocols for investigating all reported incidents thoroughly. |
| Emergency Response | Procedures for responding to emergencies, including active shooter situations. |
| Training | A detailed plan for providing initial and annual training to all employees. |
| Recordkeeping | Procedures for maintaining the violent incident log and all training records. |
| Program Evaluation | A process for annually reviewing and updating the prevention plan. |
Core Components of a Workplace Violence Prevention Training Program
Effective training must be interactive, providing employees with practical skills. For a deeper dive into course options, explore COGGNO’s Compliance Training Solutions.
Recognizing Warning Signs and Risk Factors
Training should equip employees to identify behavioral warning signs of potential violence, such as threats, intimidation, or a fascination with weapons. It should also cover environmental risk factors (e.g., working with the public, handling cash) and situational risks like managing angry customers.
Mastering De-Escalation Techniques
De-escalation training is a critical skill for all employees. It involves using verbal and non-verbal communication to reduce tension. The SAFE model is a practical framework:
- S – Stay Calm: Your composure can help de-escalate the other person.
- A – Assess the Situation: Quickly evaluate the level of risk.
- F – Find a Positive Resolution: Use active listening and empathy.
- E – End the Interaction Safely: Know when to disengage and seek help.
| Verbal Technique | Example |
|---|---|
| Active Listening | “I understand you are frustrated. Let me see if I can help.” |
| Empathy Statements | “It sounds like this has been a very difficult experience for you.” |
| Setting Boundaries | “I want to help you, but I cannot continue if you are shouting.” |
Reporting and Emergency Response
Employees must know how to report incidents safely and what to do in an emergency. Training should cover reporting channels (e.g., supervisor, HR, anonymous hotline), evacuation procedures, and active shooter response protocols like Run, Hide, Fight, as recommended by agencies like CISA.
Training Frequency and Documentation
Compliance requires a consistent training schedule and meticulous recordkeeping.
- Initial Training: All new hires should receive training during onboarding.
- Annual Refresher Training: Annual refreshers are required by many state laws and are considered a best practice by OSHA. This is an opportunity to review the plan, discuss recent incidents, and update procedures.
- Post-Incident Training: After an incident, a debriefing and additional training can address any identified gaps.
Proper documentation, including the written plan, training records, and a violent incident log, is necessary to demonstrate compliance. For managing and tracking this training, a Modern LMS is an invaluable tool.
Conclusion
The protection of all employees from workplace violence is an essential obligation that employers are responsible for. Through the development of a prevention program, by providing quality education and training on de-escalation techniques as well as effective emergency response procedures, and through maintaining detailed documentation, businesses may develop safe workplaces for their employees. The expense of preventing violence will never be greater than the costs associated with one incident. In light of the increased scrutiny of governmental agencies and increasing risk factors, it is now time for employers to prepare and train their workforce to effectively respond to future risks.
FAQ
- Workplace violence refers to a variety of behaviors; from verbal abuse, threats, or intimidating behavior to physically assaulting another person. Although physical harm may result, non-violent actions such as threatening or harassing behavior may also be included in workplace violence. In addition to other individuals, workplace violence can occur between co-workers, between an employer and an employee, with a customer, or even a stranger.
- Yes, many times. OSHA’s General Duty Clause obligates employers to create a work environment where employees are free from hazards including workplace violence. Many states, including California and New York, require written workplace violence prevention policies for most employers and require the completion of workplace violence prevention training once each year.
- The most critical aspect of de-escalation training is maintaining your cool. A great deal of the content related to de-escalation is important; however, the ability to remain composed under pressure is paramount. By being able to keep a level head, you will significantly reduce the likelihood of a volatile situation becoming violent. As with other forms of conflict resolution, active listening and attempting to empathize with others are both effective tools for reducing tension prior to the escalation of a violent act.
- All employees should participate in workplace violence prevention training upon hire and annually thereafter. Annual refresher training is not only a requirement under some state laws, but it is also a recommended best practice by OSHA to ensure that employees’ knowledge and skills are maintained, and to reinforce the organization’s commitment to creating a safe working environment.
- To comply with applicable laws, organizations must document their written Workplace Violence Prevention Policy; complete documentation of all employee workplace violence prevention training; maintain a detailed record of violent incidents involving employees for at least five years; and document the results of each investigation of violent incidents. Documentation of these items is necessary to demonstrate compliance during a regulatory inspection.
References
[1] California Division of Occupational Safety and Health (Cal/OSHA). Workplace Violence Prevention Standard (SB 553). https://www.dir.ca.gov/dosh/
[2] Occupational Safety and Health Administration (OSHA). Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers. https://www.osha.gov/workplace-violence
[3] Bureau of Labor Statistics. Workplace Violence Prevention. https://www.bls.gov/
[4] CISA (Cybersecurity and Infrastructure Security Agency). Active Shooter Preparedness. https://www.cisa.gov/topics/physical-security/active-shooter-preparedness
[5] Society for Human Resource Management (SHRM). Workplace Violence Prevention Best Practices. https://www.shrm.org/
