Taking a Risk-Based Approach to Workplace Violence Prevention

Debra Kirby

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September 10, 2024

The frequency of workplace and school shootings in the United States makes workplace violence and its impact perpetually critical topics. According to a U.S. government report, between 1992 and 2019, an estimated 17,865 employees were killed as a result of workplace violence. Additionally, 1.3 million people are victims of nonfatal workplace violence annually.

In response to the problem, 27 states have introduced bills or enacted legislation to address workplace violence, with California’s SB 553 getting the most recent attention. The law went into on July 1, 2024, and essentially requires employers to implement an “effective workplace violence prevention plan” that must:

  • Maintain a “violent incident log” with specific reporting standards for every workplace violence incident
  • Provide “effective” employee training on the workplace violence prevention plan
  • Provide additional training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan
  • Maintain records for specified time frames for workplace violence hazard identification, evaluation, correction and training of employees, violent incident logs, and workplace incident investigations
  • Make certain records available to the division, employees and employee representatives

As states become increasingly active in enacting legislation to address workplace violence prevention, employers must develop appropriate workplace violence prevention programs and protocols, including systems for ongoing reporting, reviewing and updating of their program. Using a tailored risk mitigation approach, employers can develop plans that address the specific risks faced within their work environment, reduce the potential for workplace violence incidents and promote an overall culture of safety.

Assessing Workplace Violence Risks

Before employers can implement a workplace violence program, they need to assess and understand the environmental and workplace violence risks employees face. Conducting a risk and needs assessment involves quantifying risks, identifying risk levels and checking existing measures and controls.

Good assessments include employee participation in the development of workplace violence prevention plans. Employers should use employee surveys to examine and understand the culture within the organization. The survey should determine whether employees feel safe, respected and comfortable reporting problems to their employers. For companies with an existing program, a survey is an effective way to gather information about whether employees have integrated those policies into their daily work environments and if employees understand where and how to report workplace violence. 

A needs assessment should also examine the physical environment, including access controls, lighting and security. The assessment should include remote working environments and any field activities employees engage in to determine the overall risk factors within their daily work environment. In some industries, certain risks are a matter of industry standard, such as workers in hospital emergency rooms or jobs that involve collecting cash. For others, the assessment will help identify specific risks, such as a lack of access control for office entry or employees visiting locations in high-crime areas.

Workplace Violence Control Measures

Once employers identify risks, implementing control procedures can reduce workplace violence risks and support an effective workplace violence reduction program. The National Institute for Occupational Health and Safety (NIOSH) identifies the following categories of controls:

  • Administrative: These controls generally focus on work policies and rules to reduce risk. For workplace violence prevention, this means a comprehensive policy that addresses acceptable workplace behaviors, mandated reporting of potential workplace violence incidents, defined consequences for failure to follow policies and ongoing leadership regarding workplace violence reduction.
  • Engineering: These controls may include physical security protection, including locking access doors, training on workplace violence prevention policies and reporting and addressing behaviors of concern in the workplace. Fieldworker protocols for maintaining contact with dispatchers and de-escalation training also fall under the engineering umbrella. As a best practice, establishing a threat assessment team that holistically reviews reported incidents and evaluates incident responses can help to identify problematic behaviors and provide redirection before incidents escalate to workplace violence. Such teams can also use incident reviews to inform policy, address control procedures’ effectiveness and identify necessary improvements. Finally, these teams should be trained and aware of mitigation and recovery protocols in the event an act of workplace violence occurs.
  • Substitution: A needs assessment and ongoing review of reported incidents often provide the necessary information for substitution controls. If the workplace culture is toxic or indicates concerns with specific managers or management practices, substitution control might involve reassigning managers, providing additional training or alteration of required practices. The access control system could also be updated so that all employees are required to have a badge for entry and that those no longer employed are removed from the system.
  • Elimination: Removing the person or threat is a direct example of implementing elimination controls. However, employers must know the potential impact of terminating an employee violating the workplace violence prevention policies. This is where a robust threat assessment team and overall programmatic approach can support the employer in making the best decision, which will eliminate the risk but also provide workplace violence threat mitigation.

For many employers, workplace violence policies and training implementation are often initially driven by compliance with legislative mandates. However, such efforts are far more effective and valuable to the employer if implemented within an overall program structure focused on improving workplace safety. Risk mitigation practices can help employers address current and emerging legislation and standards and develop a robust, sustainable program that promotes a workplace safety culture.

Debra Kirby, JD, is the global service line leader for law enforcement consulting and investigations at Jensen Hughes.