News & Analysis as of

Workplace Violence General Duty Clause

McAfee & Taft

OSHA cites employer for failing to keep its workplace safe after employee shot during robbery

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There is no federal workplace violence prevention standard, and Occupational Safety and Health Administration regulations do not expressly address workplace violence. Yet, when a convenience store employee was shot during a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Slated to Deliver Proposed Workplace Violence Prevention Standard for Healthcare Industry in December 2024

The Occupational Safety and Health Administration (OSHA) is preparing to release a proposed standard on workplace violence prevention in healthcare settings in December 2024....more

Benesch

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more

Conn Maciel Carey LLP

[Webinar] Tips and Strategies for Preventing and Responding to Workplace Violence Incidents - April 24th, 1:00 pm EST

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Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading...more

Bradley Arant Boult Cummings LLP

Texas Hold ‘Em: Lone Star State Enacts New Notice Law Regarding Workplace Violence

Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago,...more

Willcox & Savage

OSHA Sends Message to Treatment Facility: Keep Workers Safe from Violent Patients

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Workplace violence has become a serious issue for employers throughout the United States. In addition to the potential civil liability and workers’ compensation liability, employers must consider the potential for OSHA...more

Fisher Phillips

Employers Take Notice! 4 Questions to Consider After OSHA Cites Security Company for Active Shooter Incident

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The unfortunate uptick in active shooter events has led federal workplace safety officials to focus their sights on employers and whether they should be held responsible for the results of tragic events on their premises....more

Foley & Lardner LLP

Do You Have A Workplace Violence Prevention Plan? If Not, You Should.

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According to the National Safety Council, every year, millions of workers in the U.S. report having been a victim of workplace violence. In 2020, workplace assaults resulted in more than 20,000 workplace injuries...more

Jackson Lewis P.C.

Mass Shootings: Does Cal/OSHA Have A Say?

Jackson Lewis P.C. on

In the wake of recent workplace shootings, employers may be wondering if there are any specific regulations to protect employees from such events. Labor Code § 6302(h) as part of the California Occupational Safety and Health...more

Seyfarth Shaw LLP

CDC Guidance on Workplace Violence in Retail Associated with COVID-19, Customer Face Mask Enforcement

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Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General...

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more

Seyfarth Shaw LLP

House Passes Legislation on Workplace Violence in Healthcare and Social Assistance

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Seyfarth Synopsis: Recently the U.S. House of Representatives passed a bill with bipartisan support that would require the Department of Labor to promulgate an OSHA standard specifically aimed at protecting healthcare and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“Caring for Our Caregivers”: House Passes Unprecedented Workplace Violence Prevention Bill

On November 21, 2019, the U.S. House of Representatives passed House Resolution (HR) 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, in a 251-158 vote. HR 1309 would direct the...more

Maynard Nexsen

OSHA Citation of Employer For Failing to Do More to Prevent Workplace Violence Upheld

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In December 2012, a “service coordinator” (similar to a community service worker and home health worker) employed by Integra Health Management Inc. was fatally stabbed during a home visit to one of the company’s clients....more

Fisher Phillips

Workplace Violence Can Lead To General Duty Clause Violations

Fisher Phillips on

In a matter of first impression, the Occupational Safety and Health Review Commission recently ruled that the Occupational Safety and Health Act’s general duty clause requires employers to protect employees from incidents of...more

Seyfarth Shaw LLP

Commission Decisions Confirm that Employers Must Take Action to Protect Employees from Workplace Violence

Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more

Proskauer - Law and the Workplace

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico. The meeting included more than a dozen presentations and panels on...more

Seyfarth Shaw LLP

OSHA And Title VII On Workplace Violence In Healthcare And Social Assistance

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Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019)....more

Robinson+Cole Health Law Diagnosis

Recent Joint Commission Guidance Recommends Steps for Health Care Organizations to Reduce Workplace Violence

Workplace violence is a risk at any health care workplace. Whether from patients, residents, clients, or employees. The Occupational Safety and Health Administration (“OSHA”) estimates that three quarters of all workplace...more

Fisher Phillips

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

Fisher Phillips on

As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

Cozen O'Connor

Workplace Violence Fatalities Up In 2016

Cozen O'Connor on

The Bureau of Labor Statistics recently published workplace fatality statistics for 2016 showing a 7-percent increase from 2015. Within this increase, workplace violence and other injuries by persons or animals increased 23...more

Seyfarth Shaw LLP

Active Shooter Response - Developing an Effective Policy

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Seyfarth Synopsis: Unfortunately, workplace violence is becoming an ever increasing liability in the workplace. Despite the presence of workplace violence prevention programs intended to avoid this hazard entirely within...more

Akerman LLP - HR Defense

Workplace Violence Policy and Prevention Program Is a Smart Start

Recent news reports of active shooter situations provide a stark reminder: employers, regardless of size or industry, should have an action plan for responding to a threatening or violent situation in the workplace. Yet,...more

Foley & Lardner LLP

Even As They Lament The Horrific Reality Of Mass Violence, Employers Must Consider How To Prevent It In Their Workplaces

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After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more

Bond Schoeneck & King PLLC

Employers Need to Develop an Action Plan to Deal With Workplace Violence

If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are...more

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