How does OSHA enforce workplace violence?

Although OSHA has no specific standard on the prevention of workplace violence, an employer has a general duty to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

This requirement comes from Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (OSH Act). In addition to the federal OSHA program, over half of the states, Puerto Rico, and the U.S. Virgin Islands have OSHA-approved State Plans. Of these State Plans, many cover both private and state and local government workplaces. The remaining State Plans cover state and local government workers only. These state plans must be “at least as effective” as federal OSHA (Section 18(c) of the OSH Act). Section 11(c) of the OSH Act provides protection for employees who exercise a variety of rights guaranteed under the Act, such as filing a safety and health complaint with OSHA.

In 2015, OSHA published an update to its Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers. These voluntary guidelines provide a compendium of research-based strategies to help prevent violent injuries to healthcare workers, and they emphasize the value of a comprehensive written workplace violence prevention program.

In 2017, OSHA issued directive CPL 02-01-058, Enforcement Procedures and Scheduling for Occupational Exposure to Workplace Violence. This directive instructs OSHA officers how to conduct inspections and issue citations related to occupational exposure to workplace violence. As part of an inspection, OSHA officers will look at the employer's workplace violence prevention program, injury/illness records, training records, employee medical records, and other records. Employers may wish to review CPL 02-01-058 to learn more about OSHA's enforcement approach and suggested hazard abatement methods.

Note that OSHA is working on a Prevention of Workplace Violence in Healthcare and Social Assistance rulemaking. This rulemaking is not yet final. Click on the Unified Agenda (at www.RegInfo.gov) to find out the status of Department of Labor rulemakings, including the one on workplace violence. Once the rulemaking is final, OSHA will have more workplace violence enforcement authority over covered healthcare and social assistance employers.