Virginia Moves Toward Stronger Workplace Violence Prevention Laws with HB 1919

March 19, 2025July 10, 2025Theresa Jordan Leave a comment

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

February 20, 2025July 10, 2025Eric J. Conn 1 Comment

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

February 12, 2025July 10, 2025Theresa Jordan 2 Comments

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.

Announcing Conn Maciel Carey’s 2025 OSHA Webinar Series

January 14, 2025July 10, 2025Eric J. Conn Leave a comment

Following another close national election, President Trump returns to the White House for a second term, and resumes control over the vast Executive Branch bureaucracy, including the Department of Labor’s Occupational Safety and Health Administration. Now we turn the page from four extraordinary years at OSHA under a Biden/Harris Administration, where we saw record-setting enforcement and a flurry of new rulemaking, and watch the pendulum swing as control at OSHA transitions to the Trump/Vance Administration. However, just how much, how quickly, and in what ways OSHA’s priorities will swing remain to be seen. So, now is the perfect time to take a close look at what we learned from and about OSHA during the last few very eventful years, and more importantly, look ahead and assess what we can expect from OSHA the next four years, as President Trump installs his own team at the Department of Labor.

One thing is for sure, change is coming at OSHA. Accordingly, it is more important now than ever for employers to keep a close watch on developments at OSHA. Conn Maciel Carey LLP’s complimentary 2025 OSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the OSHA-specialist attorneys in the firm’s national OSHA Practice Group, is designed to give employers insight into developments at OSHA during this period of unpredictability and significant change. To register for an individual webinar in the series, click on the registration link within the individual program descriptions below, Continue reading →

[Webinar] Preventing and Responding to Workplace Violence

October 10, 2022October 10, 2022Theresa Jordan Leave a comment

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 →

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

April 5, 2016July 10, 2025Daniel C. Deacon Leave a comment

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, these incidents will nevertheless bring more attention to this issue, including by litigants and regulators.

Workplace violence can be categorized in three ways:

Violence by an employee;
Violence by a stranger; or
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]

November 12, 2015May 22, 2016Eric J. Conn Leave a comment

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, HR 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

October 5, 2015October 5, 2015Eric J. Conn Leave a comment

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 that 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: