On April 1, 2017, the Occupational Safety & Health Standards Board adopted a new regulation, section 3342 - Workplace Violence Prevention in Health Care. Employers that fall within the scope of this standard must comply with this regulation, including implementation of a written workplace violence prevention plan (procedures, assessments, controls, corrections, and other requirements), a violent incident log, training, incident reporting, and recordkeeping. Resources and information for this regulation can be found at: Show
Revised: 30 March l995 INTRODUCTIONWorkplace safety and health hazards affecting California employees have traditionally been viewed as arising from unsafe work practices, hazardous industrial conditions, or exposures to harmful chemical, biologic or physical agents, not from violent acts committed by other human beings. Recently, though, employees, as well as supervisors and managers, have become all too frequent victims of assaults or other violent acts in the workplace which entail a substantial risk of physical or emotional harm. Many of these assaults result in fatal injury, but an even greater number result in nonfatal injury, or in the threat of injury, which can lead to medical treatment, missed work, lost wages and decreased productivity. A single explanation for the increase in workplace violence is not readily available. Some episodes of workplace violence, like robberies of small retail establishments, seem related to the larger societal problems of crime and substance abuse. Other episodes seem to arise more specifically from employment-related problems. What can be done to prevent workplace violence? Any preventive measure must be based on a thorough understanding of the risk factors associated with the various types of workplace violence. And, even though our understanding of the factors which lead to workplace violence is not perfect, sufficient information is available which, if utilized effectively, can reduce the risk of workplace violence. However, strong management commitment, and the day-to-day involvement of managers, supervisors, employees and labor unions, is required to reduce the risk of workplace violence. Cal/OSHA Guidelines for Workplace Security are a product of a broad public advisory process which was initiated at a Conference on Workplace Security held in Los Angeles in April of l994 and continued at a Second Conference held in San Francisco in November of 1994. Workplace violence has become a serious occupational health problem requiring the combined efforts of employers, employees, labor unions, government, academic researchers and security professionals. The problem cannot be solved by government alone. These Guidelines for Workplace Security are designed to provide information and guidance about workplace security issues to California employers and employees as well as to Cal/OSHA personnel. Cal/OSHA welcomes all comments regarding the Guidelines and plans to revise the Guidelines on a periodic basis as more information about workplace violence risk factors and preventive measures becomes available. SCOPE OF THE WORKPLACE VIOLENCE PROBLEMThe scope of the workplace violence problem can be defined in a number of different ways depending on the nature of the injury. One important distinction involves those workplace assaults which result in fatal injury and those which result in non-fatal injury. The scope of the workplace violence problem also includes the threat of injury, i.e., an expression of an intention to do physical harm.
TYPES OF WORKPLACE VIOLENCE EVENTSWhen one examines the circumstances associated with workplace assaults in California, workplace violence events can be divided into three major types. However, it is important to keep in mind that a particular occupation or workplace may be subject to more than one type. In all three types of workplace violence events, a human being, or "hazardous agent," commits the assault. In Type I, the agent has no legitimate business relationship to the workplace and usually enters the affected workplace to commit a robbery or other criminal act. In Type II, the agent is either the recipient, or the object, of a service provided by the affected workplace or the victim, e.g., the assailant is a current or former client, patient, customer, passenger, criminal suspect, inmate or prisoner. In Type III, the agent has some employment-related involvement with the affected workplace. Usually this involves an assault by a current or former employee, supervisor or manager; by a current/former spouse or lover; a relative or friend; or some other person who has a dispute with an employee of the affected workplace. The characteristics of the establishments affected, the profile and motive of the agent or assailant, and the preventive measures differ for each of the three major types of workplace violence events.
PREVENTIVE MEASURES
RECORDING AND REPORTING WORKPLACE VIOLENCEPursuant to 8 CCR ---------- 14300 through 14400, many categories of employers are required to record on their OSHA 200 Log all fatalities and illnesses and specified injuries which occur as a result of workplace violence. Those injuries which are recordable are those which result in the following:
Workplace violence includes assaults which take place on the employer's premises and at other locations where employees are engaged in work-related activities or are present as a condition of employment. Employers may be reluctant to record workplace homicides, and some nonfatal assaults, because they often represent criminal law violations. However, the employer's recording of an injury or illness does not necessarily imply that the employer or employee was at fault, or that the injury or illness is compensable under workers' compensation or other systems, or that a violation of a Title 8 Safety Order or, more importantly, a Penal Code section, has occurred. In addition to having to enter the case on the OSHA 200 Log, when an employer receives information that a recordable case has occurred, the employer is required to prepare a supplementary record for that case. The California Employer's Report of Occupational Injury or Illness (Form 5020) is usually used for the supplementary record, although an equivalent form may be used. The employer is required to retain the supplementary record at the establishment where the injured or ill worker is employed. In addition, employers are required to file an Employer's Report of Occupational Injury or Illness for every occupational injury or illness with the employer's workers' compensation insurer or with the Division of Labor Statistics and Research (DLSR), if the employer is self-insured. In the area of workplace violence, requirements pertaining to recordability on the OSHA 200 Log are broader than, and must be distinguished from, requirements pertaining to reportability of events to Cal/OSHA. See California Labor Code ---------- 6409.1. Even though employers are required to record fatal and nonfatal injuries and illness which are caused by workplace violence, and which meet the recordability requirements discussed above, the requirement for an employer to report the same fatality, injury or illness to Cal/OSHA is more limited by statute. According to Labor Code ---------- 6409.1(b), "In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the Division of Occupational Safety and Health by telephone or telegraph." The term "serious injury or illness" is defined in Labor Code ---------- 6302(h) as "Any injury or illness occurring in a place of employment... but does not include any injury, illness or death caused by the commission of a Penal Code violation..." Thus, even though a workplace assault which results in an employee's death, or in specified types of injuries, is recordable on the OSHA Log 200 and reportable to the insurer or to DLSR, it may not be reportable to Cal/OSHA if "it is caused by the commission of a Penal Code violation." Many employers do report workplace deaths and serious injuries to Cal/OSHA which may, after the facts are sorted out, turn out to be "caused by the commission of a Penal Code violation." Cal/OSHA actively encourages employers to report all deaths, serious injuries or illnesses which result from a workplace assault or other type of violent act to the nearest Cal/OSHA District Office so that we can acquire a fuller understanding of the scope and nature of workplace violence by conducting an investigation of the circumstances surrounding the event. HANDLING COMPLAINTS ALLEGING WORKPLACE SECURITY HAZARDSAll complaints alleging a workplace security hazard shall be evaluated by the Cal/OSHA District Manager receiving the complaint in the same manner as any other complaint according to the criteria set forth in Cal/OSHA's Policy and Procedure (P&P) Manual, Section C-7 (Complaint Evaluation and Documentation). If a complaint alleges a workplace security hazard which has a reasonable basis in fact, and does not represent willful harassment of the employer, the complaint is valid and shall be classified and handled as are other valid complaints. A complaint is valid even if there is no standard which specifically addresses the hazard alleged. Conducting a worksite inspection to evaluate potential security hazards is a relatively new activity for Cal/OSHA. However, based on Cal/OSHA's compliance experience to date, such inspections can be effectively accomplished by following the inspection procedures found in P&P C-1 (Inspection Report) and C-1A (Inspection Procedures). During a workplace security evaluation, Cal/OSHA compliance personnel shall, at a minimum, determine the answers to the following six questions:
Proper documentation of the findings from each workplace security complaint inspection is important if Cal/OSHA is to learn by its experience in this new area of occupational safety and health. Proper documentation and review of inspection findings will add to Cal/OSHA's fund of knowledge about workplace security issues. An internal Cal/OSHA Workplace Security Task Force, composed of representatives of Regions I through IV, will periodically review the results of all workplace security complaint inspections. Therefore, District Managers should ensure that all compliance personnel who conduct workplace security inspections document their inspection findings and the evidentiary foundation for any proposed citations or Special Orders issued as a result of their inspections. Any enforcement action arising from a workplace security hazard inspection shall be thoroughly reviewed in all cases by the District Manager and by the Regional Manager. Until further notice, all proposed citations arising from complaint investigations shall be forwarded to the Chief's Office for review by the Legal Unit prior to being issued to the employer. In addition, District and Regional Managers shall evaluate any problems encountered by compliance personnel during the performance of workplace security complaint inspections. When compliance personnel observe a condition or work practice which poses a workplace security hazard to employees, appropriate sections of 8 CCR §3203(a) shall be cited. Compliance personnel shall keep in mind that the relevant subsections of 8 CCR ---------- 3203(a)--(a)(3) through (a)(7)--are directed to specific features that the employer's IIP Program must have, each of which must be effective to meet the intent of the requirement. If it is alleged that an employer has failed to comply with section 3203 as it applies to workplace security, the allegation shall clearly state which subsection of 3203(a) was not met and how it was not met. It is never sufficient to simply allege that an employer's IIP Program does not address workplace security or does not adequately address it. The manner in which the Program falls short must be described specifically so that the employer can ascertain what is deficient and how to correct the problem. When a workplace security hazard falls outside the scope of ---------- 3203, e.g., specific corrective measures are needed to eliminate a hazard, compliance personnel shall consider a Special Order. See P&P Section C-3. INVESTIGATING ASSAULTS INVOLVING DEATH OR SERIOUS INJURYCal/OSHA is required by California Labor Code ---------- 6313(a) "To investigate all industrial accidents which are fatal to one or more employees or which result in a serious injury or illness or a serious exposure, unless the Division determines an investigation is unnecessary, in which case the Division shall summarize the facts indicating that the accident need not be investigated and the means by which the facts were determined." Because the Labor Code ---------- 6302(h) excludes "any injury or illness or death caused by the commission of a Penal Code violation" from the definition of serious injury or illness, Cal/OSHA has no mandatory duty to respond to such accidents. However, Cal/OSHA does have the authority to investigate any workplace accident on a discretionary basis, as provided by Labor Code ---------- 6313(b): "The division may investigate the causes of any other industrial accident or occupational illness which occurs within the state in any employment or place of employment... and shall issue any orders necessary to eliminate the causes and prevent reoccurrence." In order to learn more about how to prevent the occurrence of homicides and other serious injuries arising from workplace assaults, Cal/OSHA will exercise the statutory discretion granted to it under Labor Code ---------- 6313(b) to investigate such accidents. On 1 August 1994, Cal/OSHA initiated a twelve-month Workplace Security Accident Investigation Pilot Project which has now been extended six months and will now end on 31 December 1995. Investigations shall be initiated by a report of a workplace homicide or other serious incident from employers, employees, labor unions representatives, law enforcement agencies, the print or electronic media, or from a member of the general public. Each District Manager shall select one to two compliance personnel from his or her District Office to participate in the Workplace Security Accident Investigation Project. Medical Unit and Bureau of Investigation personnel will be available to provide information and expertise to compliance personnel as appropriate. Compliance personnel who conduct investigations of workplace homicides or other serious violence-related incidents shall follow the accident investigation procedures set forth in P&P C-170 & 170A (Accident Investigation). Proper documentation of the findings from each accident investigation is important if Cal/OSHA is to learn by its experience in this new area of workplace safety. Proper documentation and review of investigation findings will add to Cal/OSHA's fund of knowledge about workplace security issues. The Cal/OSHA Workplace Security Task Force will periodically review the results of workplace security accident investigations. During the performance of an investigation at a workplace at which local police agencies are also conducting an investigation, compliance personnel shall work cooperatively with all police personnel investigating the same event. When feasible, compliance personnel shall also supplement their own accident investigation report by obtaining a copy of the police investigator's report. Cal/OSHA District Managers should ensure that compliance personnel who conduct accident investigations following the occurrence of a workplace homicide or other serious incident thoroughly document their findings and the evidentiary foundation for any proposed citations or Special Orders to be issued as a result of the investigation. Any enforcement action arising from a workplace security investigation shall be thoroughly reviewed in all cases by the District Manager and by the Regional Manager. Until further notice, all proposed citations shall be forwarded to the Chief's Office for review by the Legal Unit prior to being issued. In addition, District and Regional Managers shall evaluate any problems encountered by compliance personnel during the performance of a workplace security accident investigation. When compliance personnel observe a condition or work practice which poses a workplace security hazard to employees or determine that it was related to the occurrence of the accident, compliance personnel shall cite appropriate sections of 8 CCR §3203(a). Compliance personnel shall keep in mind that the relevant subsections of 8 CCR 3203(a)--(a)(3) through (a)(7)-- are directed to specific features that the employer's IIP Program must have, each of which must be effective to meet the intent of the requirement. If it is to be alleged that an employer has failed to comply with section 3203 as it applies to workplace security, the allegation shall clearly state which subsection of 3203(a) was not met and how it was not met. It is never sufficient to simply allege that an employer's IIP Program does not address workplace security or does not adequately address it. The manner in which the Program falls short must be described specifically so that the employer can ascertain what is deficient and how to correct the problem. When a workplace security hazard falls outside the scope of ---------- 3203, e.g., specific corrective measures are needed to eliminate a hazard, compliance personnel shall consider a Special Order. See P&P Section C-3. CONSULTATIVE ASSISTANCE FOR EMPLOYERSEmployers who need assistance in developing workplace security hazard assessment, assault investigation and hazard correction procedures for inclusion into their existing IIP Program, or need help in providing workplace security training to their employees, should contact the Cal/OSHA Consultation Service. Cal/OSHA will target its consultative services in the area of workplace security to high-risk occupations/workplaces where existing security management programs are minimal or nonexistent and to establishments where limited internal resources are available to address workplace security hazards. The Cal/OSHA Consultation Service offers assistance to employers free of charge about any occupational safety and health issue, including workplace security. The Consultation Service operates seven Area Offices located throughout the state offering telephonic consultation or on-site consultation services. In addition, the Consultation Service has a video library of over 300 titles, publishes various informative pamphlets about workplace safety and health topics and has available Model Programs which can assist employers in developing their IIP Programs. Employers who need assistance in addressing workplace security hazards are invited to contact the nearest Consultation Service Area Office, or call 1(800) 963-9424, or you can email us at As mentioned above, the Cal/OSHA Consultation Service has developed a Model Injury and Illness Prevention Program for Workplace Security which is available at any Consultation Area Office. IN THE FUTUREIn the occupational safety and health community, we have for many years educated employers about how to provide a safe and healthful workplace for their employees. Now, the time has come for us to educate employers about how to provide a secure one, too. Even though many of the causes of workplace violence have their origin outside the workplace, and even though there are gaps in our fund of knowledge about how to prevent the occurrence of some types of workplace assaults, enough is currently known about the problem for us to make a start. As the statistics in these Guidelines indicate, workplace violence has become a serious occupational health problem whose solution will require all of our efforts. The problem cannot be solved by government alone. Cal/OSHA invites employers, labor unions, employees, occupational health and safety professionals, the public health community, other government agencies and security professionals to continue to work with us in developing and promoting strategies to prevent workplace violence. APPENDIX I--LATE NIGHT RETAIL VIOLENCE PREVENTION CHECKLISTPre-Event Measures
APPENDIX II--WORKPLACE SECURITY PROFILE FOR TYPES I AND II
Back to DIR Homepage Which of the following oversees workplace safety?Occupational Safety and Health Administration
OSHA administers the Occupational Safety and Health (OSH) Act. Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state plans.
What federal agency provides information about workplace safety quizlet?OSHA stands for the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor. OSHA's responsibility is worker safety and health protection. The U.S. Congress created OSHA under the Occupational Safety and Health Act of 1970 (the OSH Act).
Which of the following is an OSHA regulation that must be reviewed yearly to ensure compliance?110 Cards in this Set. Which of the following is responsible for setting the standards for protection against bloodborne pathogens?On December 6, 1991, the Occupational Safety and Health Administration (OSHA) promulgated the Bloodborne Pathogens standard. This standard is designed to protect workers from the risk of exposure to bloodborne pathogens, such as the Human Immunodeficiency Virus (HIV) and the Hepatitis B Virus (HBV).
|