Workplace Violence

A (Brief) Preview of the Future of Workplace Safety & Health: Trump’s Nominee to Lead OSHA Appears Before the Senate HELP Committee

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By Aaron Gelb, Eric J. Conn, Kate McMahon, and Rachel Conn

On Thursday, June 5, David Keeling, President Trump’s nominee to serve as Assistant Secretary of Labor (OSHA), appeared before the Senate Committee on Health, Education, Labor and Pensions (the “HELP Committee”).  After starting his career as a package handler, and member of the Teamsters union, at United Parcel Service (UPS) in 1985, held a variety of safety-focused roles, eventually serving as the global head of safety for the package handling giant.  After his long and distinguished career in safety at UPS, Keeling served as the Director of Road and Transportation Safety at Amazon from 2021 to 2023, during which time the company was working to resolve OSHA investigations through improved ergonomic safety procedures.

Regular readers of the OSHA Defense Report no doubt recall that during the first Trump Administration (2017-2021), for the first time in OSHA’s history, the agency went four years without a Senate-confirmed Assistant Secretary at the helm.  The second Trump Administration appears to be taking a very different approach by quickly nominating Keeling and ensuring that he gets his turn before the Senate HELP Committee before the Summer begins, increasing the odds that there will be a Trump-appointed Head of OSHA before the Fall of the first year of President’s Trump second term.

Keeling prefaced his remarks by stating Continue reading →

New York DOL Releases Guidance on the Retail Worker Safety Act

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By Rachel Conn and Andrea Chavez

On May 29, 2025, the New York State Department of Labor (NYDOL) published Frequently Asked Questions (FAQs), a template retail workplace violence prevention policy, and model training materials regarding the Retail Worker Safety Act, offering critical guidance for retail employers ahead of the law’s June 2, 2025 effective date.

The Act applies to employers with 10 or more retail employees in New York State. A “retail employee” is defined as an employee working at a retail store for an employer. A “retail store” refers to an establishment that sells consumer commodities at retail and is not primarily engaged in selling food for consumption on the premises.

FAQs Key Takeaways

  1. Threshold for Applicability

The Act applies to employers with 10 or more retail employees statewide, even if those employees are distributed across multiple store locations.

  1. Clarity on Who Is Considered a “Retail Employee”

The FAQs clarify that: Continue reading →

Virginia Governor Youngkin Vetoes Workplace Violence Prevention Bill, HB 1919

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By Rachel Conn and Andrea Chavez

As previously reported, on March 7, 2025, the Virginia House of Delegates passed House Bill 1919 (HB 1919), which would have required large employers—those with 100 or more employees—to implement workplace violence prevention policies by January 1, 2027.

However, Governor Glenn Youngkin has vetoed the bill, explaining:

“While workplace safety is critical, this bill misclassifies workplace violence as a regulatory issue rather than a criminal matter. Employers already have the ability to establish workplace policies, and existing law provides recourse for victims through law enforcement and civil courts. Additionally, the Virginia Occupational Safety and Health program can already address workplace hazards, making this mandate duplicative and burdensome.” Continue reading →

Virginia Moves Toward Stronger Workplace Violence Prevention Laws with HB 1919

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By Rachel Conn and Andrea Chavez

Workplace safety is becoming a legislative priority across the country, and Virginia is poised to join the movement. On March 7, 2025, the Virginia House of Delegates passed House Bill 1919 (HB 1919), which would require large employers with 100 or more employees to implement workplace violence prevention policies by January 1, 2027. Governor Glenn Youngkin has until 11:59 p.m. on March 24, 2025, to sign the bill into law.

If signed into law, it would take effect on July 1, 2026. Starting July 1, 2027, employers found noncompliant could face civil penalties of up to $1,000 per violation.

Expanding the Definition of Workplace Violence

HB 1919 takes a broad approach to workplace violence, defining it as any act or threat of violence occurring at work while an employee is performing job duties. The bill specifically includes: Continue reading →

New York Governor Hochul Signs Retail Worker Safety Act Amendment into Law

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By Andrea Chavez and Rachel Conn 

As we previously reported, on February 4, 2025, the New York Senate and Assembly approved a Chapter amendment to the Retail Worker Safety Act. Governor Hochul signed the amendment into law on February 14, 2025. The Act will officially take effect on June 2, 2025, with the silent response button requirement set to go into effect on January 1, 2027. 

For more information on the amendment, check out our prior blog post.

Amendment to New York Retail Worker Safety Act Passes State Legislature, Awaits Governor’s Signature

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By Andrea Chavez and Rachel Conn 

On February 4, 2025, the New York State Legislature passed an anticipated amendment to the New York Retail Worker Safety Act. Governor Kathy Hochul is expected to sign the amendment into law in the coming days. 

The amendment includes the following key changes: 

  • Replaces the term “panic button” with “silent alarm button” throughout the Act. 
  • Modifies employer coverage by requiring businesses with 500 or more retail employees statewide (previously nationwide) to provide each retail employee with a silent response button for immediate assistance from a security officer, manager, or supervisor (previously law enforcement) in case of an emergency. The button may be installed in an accessible location, in a wearable, or on mobile phone. 
  • Adjusts training requirements so that employers with fewer than 50 retail employees must provide workplace violence prevention training upon hire and once every two years (previously required annually). 
  • Directs the commissioner to develop model workplace violence prevention program templates in the 12 most common non-English languages spoken by limited-English-proficient individuals in the state. 

If signed by the Governor, the Act will take effect on June 2, 2025 (instead of March 4, 2025), while the silent response button requirement maintains an effective date of January 1, 2027. 

Even if the amendment is signed into law, employers’ written plans will not require significant changes. We recommend that employers continue with their current compliance efforts as planned.  

Compliance Countdown: New York Retail Worker Safety Act Effective Date Nears

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By Andrea Chavez and Rachel Conn

As we previously reported, on September 5, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act (S8358C/A8947C) into law. This significant legislation requires retail employers in New York State to implement comprehensive workplace violence prevention policies and provide mandatory training to their employees.

Most provisions of the Act (excluding panic button installation) are set to take effect on March 3, 2025. While a potential Chapter Amendment may extend this date to June 1, 2025, employers should prepare for March 3rd compliance.

The New York State Department of Labor (NY DOL) is tasked with Continue reading →

New York Joins California’s Efforts in Workplace Violence Prevention with Retail Worker Safety Act

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By Andrea Chavez and Rachel Conn

On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (S8358C/A8947C), a measure designed to enhance the safety of retail workers and address the growing concerns of workplace violence in retail environments. Most provisions of the law will take effect on March 3, 2025, 180 days after its enactment.

Applicability

The law applies to employers with at least 10 retail employees, defined as those working in a retail store for the employer. A “retail store” refers to an establishment that sells consumer commodities at retail and is not primarily engaged in selling food for consumption on the premises.

Key Requirements Effective March 3, 2025 Continue reading →

Introducing CMC’s California Workplace Violence Prevention Compliance Solutions

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On September 30, 2023, California Governor Newsom signed SB 553 – a sweeping new law addressing Workplace Violence Prevention in virtually all California workplaces.  California employers (unless they fall under one of the limited exemptions) will be required by July 1, 2024, to:

    • Establish, implement, and maintain an effective workplace violence prevention plan
    • Perform a workplace violence-specific hazard assessment of your workplace and operations
    • Conduct an investigation of every incident of workplace violence (broadly defined)
    • Generate investigation reports of every incident of workplace violence
    • Create and maintain Violent Incident Logs
    • Provide annual interactive employee and supervisor training
    • Maintain (and produce upon request) program-related records for various periods

These requirements may seem straightforward; however, compliance pitfalls await employers who fail to delve into them deeply, and responses to workplace violence incidents may expose employers to legal claims in other areas of the law. To that end, Conn Maciel Carey’s California Practice has created several options to assist employers with compliance.

A Full Turnkey Workplace Violence Prevention Program Solution

We are pleased to offer a flat fee turnkey Workplace Violence Prevention Program which will include the following materials and services: Continue reading →

California’s Governor Newsom Signs SB 553-Workplace Violence Prevention Bill-Compliance Required by July 1, 2024 & The Latest Cal/OSHA Standards Board Updates

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By Rachel L. Conn

SB 553 Becomes Law

On September 30, 2023, Governor Newsom signed a slew of new bills—including SB 553 Workplace Violence Prevention. All California employers (unless they fall under one of the few exemptions) will be required by July 1, 2024 to establish, implement, and maintain an effective workplace violence prevention plan. Full coverage of SB 553’s requirements can be found on CMC’s previous Cal/OSHA Defense Blog posts.

Cal/OSHA Standards Board Updates

In addition to the new workplace violence prevention requirements, the latest Cal/OSHA Standards Board meeting provided status updates on other important news and Cal/OSHA regulations.

Standards Board Members Update: Continue reading →

SB 553 – California Workplace Violence Prevention Bill Nears Becoming Law

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By Rachel L. Conn

The California Legislature introduced SB 553 – workplace violence: restraining orders and workplace violence prevention – earlier this year despite Cal/OSHA’s regulation on Workplace Violence Prevention in General Industry (WPV Standard) nearing the last stages of the rulemaking process. SB 553’s original version tracked the current Cal/OSHA Violence Prevention in Health Care Standard (8 CCR 3342) instead of the Cal/OSHA General Industry WPV Standard. This was problematic because SB 553 had more extensive requirements than the Cal/OSHA draft WPV Standard.  It also included retail-specific provisions on shoplifter training and a prohibition on requiring workers who are not dedicated safety personnel from confronting suspected active shoplifters.

However, last week the bill was amended to align more closely with the draft Cal/OSHA WPV Standard. The bill passed committee on Friday and will now go to a full vote in the California Legislature. The latest version of the bill includes the following: Continue reading →

[Webinar] Preventing and Responding to Workplace Violence

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On Tuesday, October 11, 2022 at 1 p.m. EST, Kara M. Maciel, Lindsay A. DiSalvo, and special guest Terri D. Patterson, Ph.D., a Principal at Control Risks and threat management expert with over two decades of experience, will present a webinar on Preventing and Responding to Workplace Violence.

In 2020, physical assault was identified as the 4th leading cause of workplace deaths. Nearly 2 million American workers experience violent acts at work annually. As the COVID-19 pandemic appears to be entering the endemic phase and workers begin to transition back into the workplace, experts predict even more of an increase in workplace violence. Thus, employers will want to be prepared to prevent these types of incidents and protect their employees to the extent possible, as well as ensure they are doing all that’s required from a regulatory standpoint.

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) well before the pandemic and remains so now. While OSHA has no specific standard for workplace violence, the OSH Act’s General Duty Clause requires employers to Continue reading →

Pres. Biden Nominates an Assistant Secretary of Labor for OSHA – Doug Parker, the Current Head of Cal/OSHA

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By Eric Conn, Fred Walter, and Beeta Lashkari

Last Friday, April 9th, the White House announced Pres. Biden’s nomination of Doug Parker for Assistant Secretary of Labor for OSHA – the top job at federal OSHA.  Mr. Parker is currently the Chief of California’s Division of Occupational Safety and Health (Cal/OSHA), serving as the Head of Cal/OSHA since the summer of 2019.  Mr. Parker was considered a leading candidate for this nomination to head OSHA since he was picked for a spot on the Biden-Harris Labor Transition Team to focus on worker safety and health issues.

In his role as Division Chief at Cal/OSHA, Mr. Parker has been involved in numerous major developments, including:

  • Developing the enforcement plan for Cal/OSHA’s new-ish regulation for Workplace Violence Prevention in Healthcare;
  • Rolling out Cal/OSHA’s emergency Wildfire Smoke Rule and overseeing the development of the Permanent Wildfire Smoke Rule;
  • Overseeing an extension of the statute of limitations for injury and illness recordkeeping violations – making them “continuing violations” for the five-year record-retention period;
  • Advancing a rulemaking for an Indoor Heat Illness Prevention standard; and
  • Implementing a Cal/OSHA operational change to significantly expand the agency’s definition of “Repeat” violations

Even with all that, Mr. Parker’s tenure at Cal/OSHA will likely be best remembered for his role in developing and rolling-out Continue reading →

CDC Guidance for Retail and Service Industries on Workplace Violence Associated with COVID-19 Policies

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By Conn Maciel Carey’s COVID-19 Task Force

In recent months, we have heard too many stories and seen too many viral videos about retail clerks and restaurant employees facing violent attacks and threats from belligerent anti-mask customers who have been refused service or otherwise asked to adhere to the mask mandates issued by the Governors or Health Departments in their states.  This includes the tragic tale of the store security guard who was shot and killed in Michigan after telling a customer at a discount store to wear a state-mandated face mask.

Responding to the surge in workplace violence faced by retailers and others in the service industries, on September 1, 2020, the CDC issued guidance on Limiting Workplace Violence Associated with COVID-19 Prevention Policies in Retail and Services Businesses.  The new guidance covers how to manage the threat of violence from customers or others who are asked to comply with Governors’ or Health Department mandates or the businesses’ own infection control policies, such as requiring masks to be worn by customers, asking customers to follow social distancing rules, and setting limits on the number of customers allowed inside at one time.  Specifically, the guidance discourages retailers from becoming the enforcer in these situations, and includes recommendations like calling 911 and not arguing with a customer who refuses to comply with the rules. 

This guidance is vital as we have seen the opposite instruction from such governmental agencies as Michigan OSHA (“MIOSHA”), Oregon OSHA (“OR OSHA”), and the New Mexico Occupational Health and Safety Bureau (“NMOHSB”).  Indeed, those state OSH Programs have been issuing citations and shutdown orders for retailers and restaurants who do not refuse service to customers unwilling to wear a face covering onsite.  CDC’s guidance will hopefully force these agencies to be sensible about the terrible dilemma they are forcing on businesses and their front line employees who feel the brunt of these enforcement policies that would turn them into law enforcement. Continue reading →

New Cal/OSHA Issues that California Employers Must Understand [Webinar Recording]

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On April 11th, Andrew J. Sommer and Eric J. Conn of Conn Maciel Carey’s national OSHA Practice Group presented a webinar regarding “New Cal/OSHA Issues that California Employers Must Understand.” 

The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement-heavy approved state OSH Program in the nation.  California employers face a host of requirements that other employers around the country do not.  Likewise, the Cal/OSHA inspection and appeal process creates several unique landmines for California employers.

In light of new Cal/OSHA standards taking effect in 2017 and others on the horizon, this is the perfect time for companies doing business in the Golden State to revamp their safety programs and take necessary steps to ensure compliance with the latest Cal/OSHA safety regulations.

Participants in this complimentary webinar learned about the following:

  • Cal/OSHA’s New Repeat Violation Rule
  • Cal/OSHA’s New Workplace Violence Rule for Health Care Facilities
  • New Law Mandating the Development of Heat Illness Prevention Regulations for Indoor Workplaces
  • Changes to Cal/OSHA Penalties on the Horizon
  • Other Industry Specific Developments

Here is a link to the recording of the webinar. Continue reading →

Cal/OSHA’s Workplace Violence Rules for Health Care Take Effect April 2017

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By Andrew J. Sommer and Eric J. Conn

Effective April 1, 2017, a new California Occupational Safety and Health Standards Board (“Standards Board”) regulation at Title 8, Section 3342 requires certain employers in the health care industry to develop and implement a Workplace Violence Prevention Plan.  The passage of these regulations came after nearly two years of meeting and work within the Agency, and more than two years after the California legislature passed Senate Bill 1299, which instructed the Standards Board to implement these workplace violence regulations.

Rules Apply to Health Care Facilities

Senate Bill 1299 only directed the Standards Board to adopt regulations requiring licensed hospitals to adopt violence prevention plans to protect health care workers and other facility personnel from aggressive and violent behavior.  The regulations that were adopted by the Standards Board, however, apply not just to licensed hospitals, but more broadly to any “health facility,” defined as:

“any facility, place or building that is organized, maintained, and operated for diagnosis, care, prevention or treatment of human illness, physical or mental…to which [] persons are admitted for a 24-hour stay or longer.”

Additionally, the regulations apply to the following facilities regardless of their size or how long a patient stays there:

  1. Home health care and home-based hospice;
  2. Emergency medical services and medical transport, including services provided by firefighters and other emergency responders;
  3. Drug treatment programs;
  4. Outpatient medical services to the incarcerated in correctional and detention settings.

Immediate Requirement to Begin Reporting Violent Incidents

Beginning April 1, 2017, every general acute care hospital, acute psychiatric hospital and special hospital generally must report to the Division of Occupational Safety and Health (DOSH) any incident involving Continue reading →

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

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By Daniel C. Deacon and Kara M. Maciel

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part at an employer’s workplace, it is important for employers to be aware of the potential for violence in the workplace and ways in which it can be prevented.  Although these two incidents may not have been foreseeable or preventable,WPV Image these incidents will nevertheless bring more attention to this issue, including by litigants and regulators.

Workplace violence can be categorized in three ways:

  1. Violence by an employee;
  2. Violence by a stranger; or
  3. Violence by a known third party.

Depending on the facts of each incident, an employer may be faced with a lawsuit and/or a regulatory investigation and enforcement action.  In Virginia, the law generally shields employers from liability for physical harm caused to employees or customers by the violent acts of co-employees or third parties.  However, even if an employer evades civil liability, employers may still be subject to an investigation by the Virginia Department of Labor and Industry, and incur significant civil penalties.

Given the potential for both a civil suit and a government investigation, employers should implement workplace policies and programs that help keep the workplace safe and free of workplace violence.  This article details the potential legal liabilities and penalties employers may incur from workplace violence incidents, and provides guidance on how prevent such incidents or liabilities from occurring. Continue reading →

Workplace Violence: No Longer Just a Police Issue [Webinar Recording]

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On Tuesday, November 10, 2015, Eric J. Conn and Kara M. Maciel delivered a webinar regarding “Workplace Violence: No Longer Just a Police Issue.”

Every year, approximately 10% of workplace fatalities result from intentional violent acts.  The prevalence of workplace violence is even more alarming when you take into account non-fatal assaults and threats of violence.  This particular workplace hazard is uniquely challenging because the threat is often from outside the workplace, including non-employee third parties.  Regardless, workplace violence has also become a hot button enforcement issue for OSHA, citing employers under the OSH Act’s catch-all General Duty Clause for employers who do not do enough to protect their employees from violent acts.  Beyond OSHA, workplace violence can also implicate other employment laws.  For example, if violent acts or threats occur because of symptoms of an employee’s disability, the handling of discipline and termination gets tricky under the ADA.  Likewise, Workplace Violence Webinar Cover SlideHR issues related background checks and negligent hiring could also contribute to civil liability.

Therefore, it is important for employers to develop and implement an effective Workplace Violence Prevention Program and appropriate hiring practices.  This webinar advised employers about their legal obligations to address workplace violence and the implications if they fail to do so.  It also provided employers with the knowledge and tools they need to Continue reading →

OSHA’s New “Non-Mandatory” Workplace Violence Guidance for Healthcare Employers

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By Eric J. Conn and Kathryn M. McMahon

In April 2015, OSHA released new “Guidelines for Preventing Workplace Violence for Health Care and Social Services Workers,” reflecting a few years of work updating an existing set of guidelines in this area from 2004.  The development of this update was driven by OSHA’s concern over the number of workplace violence incidents in the hospital, nursing care, and residential home health industries. 2013 BLS statistics show thatWorkplace Violence 70% of the 23,000 known workplace assaults occurred in the health care / social services industries.  The new Guidelines incorporate research that has been conducted since 2004 into the causes of workplace violence in health care settings, risk factors that accompany working with patients or clients who display violent behavior, and the appropriate preventive measures that can be taken.

OSHA’s Guidelines set forth a number of recommendations for healthcare organizations to consider implementing to prevent workplace violence, including:

  • Create a Written Zero-Tolerance Workplace Violence Prevention Program
  • Conduct Employee Training
  • Screen Patients for Potential Violence
  • Ensure Security Personnel are Available and Trained
  • Implement System to Flag Patient’s History of Violence

The new Guidelines are not so different in substance from the prior guidelines.  The publication generally follows the same outline and presents a similar set of recommendations to what was included in the 2004 publication.  Specifically, OSHA continues to emphasize the importance of developing a comprehensive written workplace violence prevention program.  The program elements recommended include the same elements listed in the 2004 guidelines (and virtually identical to the elements included in the original 1996 guidelines), which mimic the five basic components of an injury and illness prevention program:

  1. Management commitment and worker participation;
  2. Worksite analysis and hazard identification;
  3. Hazard prevention and control;
  4. Safety and health training; and
  5. Recordkeeping and program evaluation.

The biggest difference between the new version and the 2004 version is Continue reading →

A Healthy Dose of OSHA Enforcement Coming to the Healthcare Industry

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By Eric J. Conn and Kathryn M. McMahon

On June 25, 2015, the Occupational Safety and Health Administration (OSHA) issued an Enforcement Memorandum entitled: “Inspection Guidance for Inpatient Healthcare Settings.”  Health Initiative 1The Enforcement Memorandum expands the scope of inspections OSHA will conduct at hospitals, nursing homes and other healthcare facilities as part of an on-going enforcement effort targeting the healthcare industry.

OSHA’s Healthcare Enforcement Initiative

OSHA’s healthcare enforcement initiative covers “Hospitals” (NAICS 622) and “Nursing and residential care facilities” (NAICS 623). It requires all OSHA inspections (whether programmed or in response to an incident of complaint) in the covered industries to include an evaluation of the following five major hazards:

  • Ergonomics (i.e., musculoskeletal disorders from patient/resident handling);
  • Bloodborne pathogens;
  • Workplace violence;
  • Tuberculosis; and
  • Slips, trips and falls.

This initiative follows the April 2015 expiration of the Nursing Home National Emphasis Program, which also focused on similar hazards.

OSHA’s increased scrutiny of the healthcare industry can be attributed to Continue reading →