Description

Workplace Violence Policy

Workplace Violence Policy Preparation Form – We recommend that you gather the information in this form prior to accessing the online questionnaire.  Doing so will help you efficiently create your custom legal document online.

Summary

This document is an employment policy addressing measures and procedures to prevent violence from occurring in the workplace. Workplace violence is a violent act (physical assault or the threat of assault) directed toward a person at work. For example, workplace violence includes harassment, bullying, and other forms of intimidation. There is no federal law establishing an employer’s duty to prevent workplace violence against employees. However, an employer has a duty to provide a safe working environment under the Occupational Safety and Health Act (OSHA). OSHA recommends that employers create a zero-tolerance policy for workplace violence. Moreover, an employer may use its compliance with OSHA’s recommendations to defend against a claim that the employer violated OSHA. In addition, a workplace violence policy can help minimize the risk of a negligent retention or supervision claim. This policy can serve several important functions, including:

• Defining workplace violence.
• Informing employees that the employer does not tolerate any form of workplace violence.
• Encouraging employees to report threats or violent acts.

Details

A properly drafted and enforced workplace violence policy should:

• Provide a specific procedure for reporting workplace threats or violent acts.
• Inform employees that the employer promptly investigates complaints of workplace violence.
• State that the employer promptly takes any necessary corrective action.

Overview and Other Considerations

This policy outlines the procedure for reporting threats or violent acts and prohibits retaliation for reporting complaints. Employers may incorporate this into an employee handbook or use it as a stand-alone policy document. This policy covers federal law. Employers should reference state or local laws because they may impose additional or different requirements. For example, Connecticut law requires covered health care providers to establish a workplace safety committee, conduct a risk assessment, maintain records of incidents of workplace violence, and develop a workplace violence prevention and response plan.

Compliance with the National Labor Relations Act

Both unionized and nonunionized employers must ensure that they comply with the National Labor Relations Act (NLRA) when developing and implementing policies.