How to Assess and Address Potential Risks of Workplace Violence in Your Organization in 2024

The recent passage of California Senate Bill 553 requires businesses with 10 or more employees to establish, implement, and maintain a plan to prevent workplace violence. This is part of a larger mandate set by the California Occupational Safety and Health Act of 1973 that requires employers to maintain an effective injury prevention program.

When violence in the workplace goes unchecked, it can not only result in physical harm but also cause victims to suffer isolation, withdrawal, anxiety, depression, PTSD, stress-related illnesses, and even suicidal thoughts. It may impact job performance and put the victim in a precarious financial position if it affects their job security and career.

Such consequences can have a negative impact on employees and businesses, but there are steps you can take to understand what constitutes workplace violence, assess risks, and create a prevention plan.

Types of Workplace Violence in California

Workplace violence could take many forms. How can you recognize it when it occurs in your company? There are several different types of violence you should be aware of.

Harassment

Violence doesn’t have to be physical. It can start with behaviors or threats that create a fear of violence. Harassing behaviors like stalking, verbal or written threats, and sexual intimidation can all constitute harassment, as can:

• Teasing or taunting
• Yelling
• Swearing
• Name-calling
• Sexual or gendered comments

Harassment goes beyond causing discomfort. It makes people experience feelings of fear for their safety.

Physical Attack

Workplace violence is commonly understood to include harmful physical contact, even though this is just one form of violence. Physical attacks could include:

• Grabbing
• Pushing
• Hitting
• Kicking
• Scratching
• Biting

Physical violence can also include an attack with a weapon, such as a firearm, knife, or other object, as well as the threat of physical force or use of a weapon or object to inflict physical harm. Additionally, sexual assault falls under the category of physical attack and could include unwanted verbal or physical sexual contact, physical display (as of genitalia), attempted rape, and rape. In workplaces that allow employees to bring in pets, animal attacks constitute another potential form of physical violence.

Hazing

Hazing or initiation practices for new workers can be humiliating and dangerous, and they could constitute a form of workplace violence. It’s best to include a zero-tolerance policy for hazing activities as part of your workplace violence plan.

Microaggressions

Microaggressions are a subtle or indirect form of discrimination against members of a marginalized group. These behaviors may range from insensitive to offensive or even hostile and are often related to an employee’s:

• Race
• Gender
• Sexual orientation
• Socioeconomic status
• Disability

While microaggressions may not rise to the level of workplace violence, they can be indicators of issues that might develop into more serious concerns if unchecked. In other words, make sure to pay attention to employee reports of microaggressions and nip them in the bud before they can become something more serious.

Sources of Violence

The sources of workplace violence are not restricted to employees. However, employees may be the most likely source of workplace violence simply because they have the most presence within the organization. SB 553 identifies several potential sources of workplace violence, which are broken down into four categories:

• Type I: People who have no legitimate reason to be at a workplace or job site.
• Type II: Non-employees with a valid reason to be present, such as customers, clients, patients, students, inmates, or vendors.
• Type III: Current or former employees, supervisors, or managers.
• Type IV: Non-employees who have or have had a personal relationship with an employee, such as family members or partners.

How to Assess Violence in the Workplace

Workplace violence could include any form of physical violence, the threat of physical violence, or the threat or use of weapons that may result in stress, psychological trauma, or physical injury. One of the best ways to judge the potential for violence in the workplace is by conducting a thorough risk assessment.

An assessment should include identifying risks like:

• Employees working alone
• Employees working early or late
• Employees working in the community
• Employees working with customers or clients who have a history of violence
• Employees who have a history of violence or are suspected of violence
• Jobs that require the exchange of money
• Jobs that require guarding of money or items of value
• Items of value stored on-site
• Access to facilities, whether public or secured

Any assessment should include employee interviews to gain insights into actual or perceived risk factors, threats, or acts of violence.

Creating a Plan to Address Workplace Violence

In addition to assessing potential risks for workplace violence, SB 553 requires employers to create a plan to address risks, respond to incidents, and prevent workplace violence if possible. The plan must include the following elements:

• Name or job title of the person or people responsible for the plan
• Involvement of employees or authorized representatives in development and implementation
• Methods of coordinating implementation with employees/representatives

This plan will need to cover certain procedures as well.

These procedures should involve clear instructions on how to:

• Accept and respond to reports of workplace violence and prohibit retaliation
• Ensure employee compliance with the plan
• Communicate with employees regarding workplace violence
• Respond to actual or potential workplace violence
• Develop and provide employee training
• Identify and evaluate hazards
• Correct hazards
• Initiate post-incident response and investigation
• Review plan effectiveness

Along with training and access to training materials, you’ll want to take special care with steps that empower employees to report incidents and provide support resources as necessary for employees impacted by workplace violence.

Seek Legal Guidance

As an employer, you have a legal duty to maintain a safe workplace for all employees. When it comes to creating policies and procedures to assess, address, and hopefully prevent workplace violence, you may need legal assistance to ensure compliance with all applicable rules and regulations.

A qualified employer attorney can help you create suitable policies for assessing and addressing such concerns in California. With the right support, you can effectively protect both your employees and your business.

For comprehensive legal assistance in California, reach out to Pearlman, Brown & Wax, LLP. Their experienced team can guide you through creating compliant and effective workplace safety policies.