California Violence in the Workplace Prevention Policy
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FAQ
There are currently no specific OSHA standards for workplace violence.
Enforcement. Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination.
The violence prevention policy should explicitly state the consequences of making threats or committing acts of violence in the workplace. A comprehensive workplace violence prevention policy and program should also include procedures and responsibilities to be taken in the event of a violent incident in the workplace.
The answer is quite possibly yes. While OSHA does not have a specific standard on workplace bullying, it does have a General Duty Clause. It requires that employers provide a workplace free from conditions that cause, or are likely to cause, death or serious physical harm to employees.
Section 3342(g)(1) requires every general acute care hospital, acute psychiatric hospital and special hospital to report certain violent incidents to Cal/OSHA.
Here are more options and best practices to reduce the risk of workplace violence: Conduct background checks for all employees. Have policies on: workplace violence prevention, weapons in the workplace, non discrimination and harassment, drug and alcohol use, and safety procedures.
Employers are not strictly liable for workplace violence under the OSH Act (see Secretary of Labor v. Megawest Financial, Inc., 1995 WL 383233 (June 19, 1995)) and OSHA has not issued any formal standards on workplace violence.
The facilities listed above are defined in California Health and Safety Code Section 1250. The definition of "workplace violence" includes the threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress.
(1) Management commitment and employee participation, (2) Worksite analysis, (3) Hazard prevention and control, (4) Safety and health training, and (5) Recordkeeping and program evaluation. A violence prevention program focuses on developing processes and procedures appropriate for the workplace in question.
