OSHA guidance on reducing the threat of violence in the workplace

(a)

Study

The Director of the National Institute for Occupational Safety and Health shall conduct a study on reducing the threat of violence in the workplace. (b)

Report

Not later than 15 months after the date of the enactment of this Act, the Director shall submit to the Secretary of Labor, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the results of the study conducted under subsection (a), which shall include recommendations that the Secretary of Labor shall consider when issuing the guidance described in subsection (c).(c)

Guidance

(1)

In general

Not later than 4 years after the date of enactment of this Act, the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall issue nonmandatory guidance on activities and work practice controls that can be implemented by workplaces to reduce workplace violence. Such guidance shall be differentiated to the extent necessary to account for the unique characteristics of, and the potential for threats of violence at, of each variety of workplace, including grocery stores, retail stores, movie theatres, hospitals, office buildings, restaurants and bars, religious facilities, manufacturing facilities, mail distribution centers, community centers, child care centers, and schools.(2)

Consideration

In issuing the guidance required under paragraph (1), the Secretary shall—(A)consider the recommendations included in the report required under subsection (b); and(B)take into account engineering controls, dangerous weapons, and environmental risk factors that may impact a workplace.(d)

Definitions

In this Act:(1)

Dangerous weapon

The term dangerous weapon means an instrument capable of inflicting death or serious bodily injury, without regard to whether such instrument was designed for that purpose.(2)

Engineering controls

(A)

In general

The term engineering controls means an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between an employee and the hazard.(B)

Inclusions

For purposes of reducing workplace violence hazards, the term engineering controls includes electronic access controls to employee occupied areas, weapon detectors (installed or handheld), enclosed workstations with shatter-resistant glass, deep service counters, locks on doors, removing access to or securing items that could be used as weapons, furniture affixed to the floor, opaque glass, closed-circuit television monitoring and video recording, sight-aids, and personal alarm devices.(3)

Environmental risk factors

(A)

In general

The term environmental risk factors means factors in the facility or area in which a service is performed that may contribute to the likelihood or severity of a workplace violence incident.(B)

Clarification

Environmental risk factors may be associated with the specific task being performed or the work area, such as working in an isolated area, poor illumination or blocked visibility, and lack of physical barriers between individuals and persons at risk of committing workplace violence.(4)

Threat of Violence

The term threat of violence means a statement or conduct that—(A)causes an individual to fear for such individual’s safety because there is a reasonable possibility the individual might be physically injured; and(B)serves no legitimate purpose.(5)

Work practice controls

(A)

In general

The term work practice controls means procedures and rules that are used to effectively reduce workplace violence hazards.(B)

Inclusions

The term work practice controls includes—(i)assigning and placing sufficient numbers of staff to reduce workplace violence directed at employees by customers, clients, patients, students, inmates, or any individual for whom the workplace provides services or for whom the employee performs services;(ii)a provision of dedicated and available safety personnel such as security guards;(iii)employee training on workplace violence prevention methods and techniques to de-escalate and minimize violent behavior; and(iv)employee training on procedures for response in the event of a workplace violence incident and for post-incident response.(6)

Workplace violence

(A)

In general

The term workplace violence means any act of violence or threat of violence, without regard to intent, that occurs at a workplace or while an employee performs a service.(B)

Exclusions

The term workplace violence does not include lawful acts of self-defense or lawful acts of defense of others.(C)

Inclusions

The term workplace violence includes—(i)the threat or use of physical force against a employee that results in or has a high likelihood of resulting in injury, psychological trauma, or stress, without regard to whether the employee sustains an injury, psychological trauma, or stress; and(ii)an incident involving the threat or use of a firearm or a dangerous weapon, including the use of common objects as weapons, without regard to whether the employee sustains an injury, psychological trauma, or stress.