In an effort to address the growing concern of workplace violence, California has enacted a new regulation that came into effect on July 1, 2024. This measure aims to protect workers from injuries related to acts of violence, a significant issue in the workplace across the United States.
According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), out of the 5,333 fatal workplace injuries in the United States in 2019, 761 were intentional injuries caused by another person.
There were 5,486 fatal work injuries recorded in the United States in 2022, a 5.7-percent increase from 5,190 in 2021. The U.S. Bureau of Labor Statistics reported that fatalities due to violence and other injuries by persons or animals increased 11.6 percent to 849 in 2022, compared to 761 in 2021. Homicides accounted for 61.7 percent of these fatalities, with 524 deaths, an 8.9-percent increase from 2021.
Additionally, the Occupational Safety and Health Administration (OSHA) reports that workplace violence affects nearly 2 million American workers annually.
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Acts of violence and other injuries is currently the third-leading cause of fatal occupational injuries in the United States.
This includes, but is not limited to, the following:
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, regardless of whether the employee sustains an injury.
An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
The four types of workplace violence defined in Labor Code section 6401.9.
"Workplace violence" does not include lawful acts of self-defense or defense of others.
According to the latest data, in 2021, 57 working people died from acts of workplace violence in California. In the United States, an average of 1.3 million nonfatal violent crimes in the workplace occurred annually from 2015 to 2019.
Workplace Violence Prevention Plan
The new regulation requires most employers in California to establish, implement, and maintain a Workplace Violence Prevention Plan. This plan must include several critical components:
Prohibiting employee retaliation: Employers cannot retaliate against employees who report incidents of workplace violence.
Accepting and responding to reports of workplace violence: Employers must have a system in place to accept and respond to reports of violence in the workplace.
Employee workplace violence training and communication: Employees must receive training, and there should be open communication about workplace violence.
Emergency response: Employers must be prepared to effectively respond to incidents of workplace violence.
Workplace violence hazard assessments: Employers must conduct assessments to identify and mitigate potential risks of violence.
Maintaining a Violent Incident Log: Keeping a detailed record of violent incidents is an integral part of the plan.
What Should Employers Do If an Employee Is Injured Due to Workplace Violence?
When an incident of workplace violence results in an employee injury, employers have several key responsibilities to ensure the wellbeing of their workers and comply with the new regulation:
Ensure timely and appropriate medical treatment: Employers must ensure that employees receive all necessary medical care through the employer’s workers' compensation insurance provider.
Notify employees of workers' compensation eligibility: Within one working day of a workplace violence incident, employers must inform employees of their eligibility for workers' compensation.
These measures are crucial not only for the physical protection of workers but also to foster a safe and supportive work environment. Employers need to be proactive in implementing these requirements to comply with the new regulation and, more importantly, to ensure a safe and healthy workplace.
Importance of the New Regulation
The implementation of this new regulation underscores the importance of taking both preventive and reactive measures against workplace violence. Violence not only endangers the lives of workers but also affects their emotional wellbeing and productivity. With these new provisions, California is at the forefront of protecting workers' rights and safety, setting a standard that other states might follow.
From a worker’s perspective, this regulation presents a crucial area of focus for workers' compensation lawyers to ensure that our rights are protected and that employers meet their legal obligations. Adequate legal advice and representation will be essential in navigating and adhering to these new requirements, thereby ensuring safer work environments for all of us.
What Should Employees Do If Injured Due to Workplace Violence?
In case of an injury caused by violence at work, workers should immediately seek medical attention and report the incident to their employer. It is also highly recommended to talk to a skilled workers' compensation lawyer to ensure you receive the full benefits and protection you are entitled to under the new regulation.
Seek Immediate Medical Attention: The first and most important step is to ensure you receive appropriate and timely medical treatment for any injuries sustained.
Report the Incident to Your Employer: Notify your employer about the incident of violence as soon as possible. This ensures that the incident is officially recorded and that the appropriate process is initiated to handle the situation.
Document the Incident: Keep a detailed record of what happened, including the date, time, location, names of witnesses, and any other relevant information. This documentation can be crucial for any future legal actions.
Consult with a Workers' Compensation Lawyer: Speaking with an experienced workers' compensation lawyer can help ensure you receive all the benefits and protection you are entitled to. A lawyer can guide you through the legal process and help protect your rights.
Know Your Rights: Familiarize yourself with the labor and compensation rights you have in your state. This includes the right to receive medical care, the right to be free from retaliation, and the right to receive compensation for injuries sustained at work.
Follow Your Employer’s Established Procedures: Adhere to any specific procedures or policies your employer has for handling incidents of workplace violence. This may include completing specific forms or attending follow-up meetings.
Stay Informed and Trained: Participate in any training or workplace violence awareness programs offered by your employer. This can help prevent future incidents and ensure you are prepared to handle violent situations if they occur again.
Stay aware of the risks and take necessary precautions. If you do get injured, remember that legal help is available to protect your rights and support your recovery.
If you need legal assistance, contact us today for a FREE consultation: 1-877-422-4454.