Workplace violence prevention - Illinois

The state of Illinois has requirements for preventing workplace violence, mainly in health care settings.

Health Care Violence Prevention Act

This law (210 ILCS 160/1) applies to health care providers and custodial agencies. It requires both the employer and employees to identify risks and take actions to prevent violence in the workplace.

• Duty to report: If a health care worker contacts law enforcement or files a report related to workplace violence, the worker must provide notice to management of the health care facility within three days following the report.
• Whistleblower protection: No employer may discourage a health care worker from exercising the right to contact law enforcement or file a report due to workplace violence.
• Posting notice: Health care employers must display a notice, physical or electronic, stating that verbal aggression against staff will not be tolerated, and physical assault will be reported to law enforcement.
• Support services: Health care employers must provide post-incident support services to employees who are involved in a workplace violence incident, including acute treatment and access to psychological evaluation.
• Workplace violence prevention program: Health care employers must create a workplace violence prevention program that follows OSHA guidelines. The program must include:
  • Classification of workplace violence as one of four possible types:
    • Type 1, which is violence committed by a person with no legitimate business with the employer and includes violent acts by an individual entering the workplace with the intent to commit a crime (e.g., an armed robbery of a retail location);
    • Type 2, which is violence directed at employees by customers, clients, patients, students, inmates, visitors, or other individuals who accompany a patient;
    • Type 3, which is violence directed at an employee by another employee, past or present;
    • Type 4, which is violence committed in the workplace against an employee by someone who does not work there, but who has or has had a personal relationship with the employee.
  • Management commitment and worker participation in the program.
  • Worksite analysis and identification of potential hazards.
  • Hazard prevention and control.
  • Safety and health training for employees.
  • Recordkeeping and evaluation of the violence prevention program.

The law allows hospitals and medical facilities to work with the Department of Corrections and/or local law enforcement to establish protocols for receiving committed individuals for health care treatment, especially persons who are potentially violent. Protocols may include the health care facility receiving prior notification about the committed person, adding guards trained in custodial escort, requiring the use of security restraints for committed individuals, and more.

Health Care Workplace Violence Prevention Act

This law (405 ILCS 90) applies specifically to mental health or developmental disability facilities. Requirements include:

• Workplace violence plan: Each covered employer must develop a workplace violence safety plan. In implementing such a plan, employers should consider guidelines issued by the state Department of Public Health, Department of Human Services, OSHA, and more. The plan must address security considerations related to:
  • The physical attributes of the workplace;
  • Staffing, including security staffing;
  • Personnel policies;
  • First aid and emergency procedures;
  • Reporting of violent acts;
  • Employee education and training.
• Prior to adopting a plan, employers must conduct a security and safety assessment to identify hazards for violence. The assessment must include information about the frequency and causes of violent acts that occurred at the workplace over at least the previous five years.
• After adopting a safety plan, employers must file a copy with the state Department of Human Services. Plans must be reviewed at least once every three years. Any changes to the plan must also be reported to the Department.
• Training: Employers must provide violence prevention training to all affected employees. The training must address:
  • General safety procedures;
  • Personal safety procedures;
  • Violence-predicting factors;
  • How to obtain a patient history from patients who have a history of violent behavior;
  • The violence escalation cycle, and techniques to minimize and de-escalate violent behavior;
  • Documenting and reporting incidents of violence in the workplace.
• Recording: Employers must keep record of any violent act that occurs in the workplace against an employee, patient, or visitor. The report should include the date, time, and location of the incident, the names of the people involved, description of the type of violent act (e.g., verbal threat, physical assault with injuries, etc.), description of the type of weapon used (if any), and a description of the actions taken by employees in response.

Workplace Violence Prevention Act

This law allows employers to seek a workplace protection order against an individual who has committed an act of violence or made a credible threat of violence against an employee.

Related information

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Citations

• 210 ILCS 160/1 – Health Care Violence Prevention Act
• 405 ILCS 90/1 – Health Care Workplace Violence Prevention Act
• 820 ILCS 275 – Workplace Violence Prevention Act
• 29 USC 654 — Duties of employers and employees (General Duty Clause)