Workplace violence laws vary significantly from state to state, and more states are expected to implement their own versions in the coming years. Implementing such a program not only fosters a safer work environment but also positions employers ahead of potential future regulations.
Workplace violence can take many forms, including physical altercations, verbal threats or intimidation from co-workers, contractors, customers or other third parties. In the construction industry, where stressful environments, a variety of workers and complex project dynamics are common, these situations can escalate rapidly, posing significant risks to worker safety and project progress.
In recent years, there has been a concerning rise in workplace violence. A joint study by the Bureau of Justice Statistics (BJS), the Bureau of Labor Statistics (BLS), and the National Institute for Occupational Safety and Health (NIOSH) found that more than a 27-year period from 1992 to 2019, nearly 18,000 people were killed at work, on duty, or in work-related violence (OSHA, 2025).
Workplace homicides peaked at 1,080 in 1994 but declined by 58% to 454 in 2019. However, from 2014 to 2019, workplace homicides increased by 11%. The construction industry in the top five occupational groups with the most workplace homicides in 2020, along with sales and related, transportation and material moving, management and production. As a result, lawmakers across the country have introduced comprehensive workplace violence prevention measures in recent years.
Construction sites often pose specific workplace violence hazards and present complexities in developing and implementing effective prevention programs. For example, construction sites are not permanent workplaces. An employee may work at a site for a day, months at a time or even multiple sites simultaneously. These sites often include a general contractor and multiple specialty contractors. In addition, construction sites have unique physical security needs. Specifically, they may be more easily accessed by the public and harder to physically secure. They may also have materials and other equipment that make them targets.
How can construction employers keep employees safe when they work at multiple temporary sites that the employer may not even control? How do different employers coordinate to ensure effective communication and operations in the face of workplace violence hazards at such sites? These are some of the critical questions that construction employers must address as workplace violence prevention laws continue to evolve nationwide.
While Fed/OSHA (Occupational Safety and Health Administration) does not have a workplace violence prevention regulation, it still could cite employers under the General Duty Clause. The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, provides that employers are required to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Courts have interpreted Fed/OSHA’s General Duty Clause to require employers to ensure a workplace free from recognized hazards that could cause death or serious harm when feasible abatement measures exist.
Fed/OSHA defines workplace violence is “any act or threat of physical violence, harassment, intimidation or other threatening 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.” Fed/OSHA has identified various factors that may increase the risk of violence for workers, including exchanging money with the public, working with volatile, unstable people, working alone or in isolated areas, working late at night or in areas with high crime rates, and guarding valuable property or possessions.
Whenever an employer has encountered workplace violence or becomes aware of threats, intimidation or other signs of potential violence, they are considered to be aware of the risk and should establish a workplace violence prevention program that includes a written plan, engineering controls, administrative measures, and employee training (OSHA, 2022).
In addition, several states have enacted workplace violence laws in non-health-care settings. While this is only a handful of states, they serve as potential blueprints to be potentially adopted in other states and federally.
California
Senate Bill 553, which added California Labor Code Section 6401.9, required all California employers (unless they fall under one of the few exemptions) to establish, implement, and maintain an effective workplace violence prevention plan by July 1, 2024. The plan should include the following (in summary):
- Names or job titles of the persons responsible for implementing the plan.
- Effective procedures to obtain active involvement of employees and authorized employee representatives in developing and implementing the plan.
- Methods the employer will use to coordinate implementation of the plan with other employers.
- Effective procedures for the employer to accept and respond to reports of workplace violence.
- Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan.
- Effective procedures to communicate with employees regarding workplace violence matters.
- Effective procedures to respond to actual or potential workplace violence emergencies.
- Procedures to develop and provide training.
- Procedures to identify and evaluate workplace violence hazards.
- Procedures to correct workplace violence hazards timely.
- Procedures for post incident response and investigation.
- Procedures to review the effectiveness of the plan and revise as needed.
- In addition to the workplace violence prevention plan, employers will also be required to maintain a violent incident log and provide employee training.
SB 553 defines “workplace violence” broadly to include any act of violence or threat of violence that occurs in a place of employment, including, but is not limited to, any 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. Workplace violence not only includes verbal, physical or behavioral conduct, but also texts, electronic messages, social media messages, or other online posts.
For each incident, employers are required to investigate, identify and evaluate the hazard, review and revise the plan and record the incident in the required log.
Even if an employer already has developed a comprehensive workplace violence prevention plan, it must be treated as a living documen and revised at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
These requirements are onerous, and the construction industry presents unique challenges to achieving compliance. For instance, construction sites often require substantial coordination with other employers due to the presence of multiple contractors.
Our experience working with Cal/OSHA has shown that they expect a high level of detail when drafting the coordination portion of the policy. For example, the plan should clearly outline how other employers at the worksite will be notified in the event of an emergency. Contractors must also coordinate to ensure that workplace violence incidents involving any employee are properly reported, investigated, and recorded.
When an incident occurs, it must be documented in the log of the employer(s) whose employee(s) experienced the incident, and a copy of the log must be shared with other employers on-site. To be effective, contractors should coordinate their procedures as needed and ensure that every worker receives training on workplace violence prevention protocols.
Construction employers may also face challenges in complying with the requirement to identify and evaluate workplace violence hazards due to the temporary nature of worksites and the fact that they may not have ultimate control over them. Regarding inspections, a designated employee—preferably a manager—should inspect the site before their employees begin work, periodically thereafter, following any workplace violence incident, and whenever a new or previously unrecognized hazard is identified.
To support these inspections, an inspection checklist outlining hazards specific to construction sites should be developed. If a hazard is identified, the employer should take appropriate steps to abate it. In some cases, the employer may be able to resolve the issue independently—for example, if their employee repeatedly forgets to lock the office at the end of the day, the employer could address this through retraining. However, other hazards may be more difficult to mitigate, such as the absence of fencing around a site when the employer is not the general contractor or another employer’s employees leaving keys in expensive equipment overnight.
In such cases, employers should notify those with control over the hazard and follow up until it is resolved. Additionally, employers should always maintain written records of their efforts to abate hazards.
New York
On September 4, 2024, New York followed suit and 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 (The New York State Senate and Assembly, 2023, 2024).
Although this law does not currently apply to construction sites, it is important to recognize that it could serve as a model for future regulations that may eventually extend to the construction industry. Lawmakers and regulatory agencies often look to existing legislation when developing new policies so proactively understanding current legislation, such as the New York Retail Worker Safety Act, can help construction employers stay ahead of compliance requirements.
The law applies to retail 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. Construction companies that also have retail stores that sell goods to the public are covered by this new law.
As of now, retail employers will need to have a workplace violence plan in place and employees trained by March 3, 2025, 180 days after its enactment. However proposed amendments may extend the effective date to June 2, 2025. By January 1, 2027, retail employers with 500 or more retail employees nationwide will be required to provide access to panic buttons throughout the workplace or equip each employee with a wearable or mobile, company-issued panic button.
Texas
Employers in Texas must post notices with contact information for reporting workplace violence or suspicious activity to the Texas Department of Public Safety pursuant to Tex. Labor Code Ann. § 104A.001.
What Is On the Horizon
Workplace violence laws vary significantly from state to state, and more states are expected to implement their own versions in the coming years. Fed/OSHA is in the early stages of developing a potential standard, “Prevention of Workplace Violence in Healthcare and Social Assistance,” which may eventually expand to general industry.
In states without specific legal requirements, construction employers may benefit from proactively implementing workplace violence prevention programs. Given the dynamic and unique nature of construction sites—where multiple contractors, specialty contractors and tradespeople work together in ever-changing environments—taking a proactive approach can help prevent incidents and ensure worker safety.
Implementing such a program not only fosters a safer work environment but also positions employers ahead of potential future regulations. Additionally, it is important to remember that Fed/OSHA already addresses workplace violence through the General Duty Clause, meaning that employers can still be cited for failing to provide a safe work environment even in the absence of state-specific laws.
When developing a workplace violence prevention program, it is essential to ensure flexibility so it can be easily adapted to meet new legal requirements as they emerge. Programs should include at minimum industry and job site-specific hazard assessments, abatement procedures, clear communication protocols for reporting and responding to incidents, particularly given the multi-employer nature of construction sites, and training. Construction employers should stay informed about legislative and regulatory developments that could impact the construction industry and be prepared to update their workplace violence prevention programs, as necessary.
Developing a workplace violence prevention program cannot happen in a vacuum. It requires collaboration across multiple departments to ensure effectiveness. Each department brings essential expertise to the process. For example, the Safety and Health Department may take the lead in developing workplace violence prevention policies, conducting risk assessments, and overseeing hazard abatement measures.
Human resources often plays a critical role in shaping policies related to employee conduct, reporting procedures, and disciplinary actions for workplace violence incidents. Security contributes expertise in assessing potential risks, establishing site security measures, and coordinating emergency response protocols. Finally, the Legal Department should be involved to ensure the program aligns with federal, state and local laws and regulations.
By collaborating among key departments, construction employers can develop a comprehensive and practical workplace violence prevention program that enhances worker safety and ensures regulatory compliance. CD
Rachel L. Conn is a partner and chair of Conn Maciel Carey’s California Practice in the firm’s San Francisco office. Her practice focuses on occupational, safety and health (OSH) compliance and litigation, including inspections, audits, investigations and enforcement actions involving Cal/ OSHA, federal OSHA, and other state OSH Plans. Previously, Rachel was a partner and led the national OSHA Practice at an AmLaw 100 law firm.
Andrea Chavez is a senior counsel in the firm’s Los Angeles office. Andrea regularly represents employers in state and federal courts and before administrative agencies in employment and safety-related disputes, including employment discrimination, wage and hour class action, NLRB and Cal/OSHA and federal OSHA matters. She represents clients from various industries, including health care, entertainment, beauty, art, hospitality, aerospace, technology and finance.
References
Bureau of Justice Statistics. (2022) Federal agencies release study on workplace violence. https://bjs.ojp.gov/press-release/federal-agencies-release-joint-study-workplace-violence (accessed February 3, 2025).
The New York State Assembly. (2024) Bill A08947C. https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A08947&term=2023&Summary=Y&Actions=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y&Memo=Y&Text=Y (accessed February 3, 2025).
The New York State Senate. (2023-2024) State Senate Bill S8358C. www.nysenate.gov/legislation/bills/2023/S8358/amendment/C (accessed February 3, 2025).
Occupational Safety and Health Administration (OSHA). (2022) Factsheet: workplace violence. www.osha.gov/sites/default/files/publications/factsheet-workplace-violence.pdf (accessed February 3, 2025).
Occupational Safety and Health Administration (OSHA). (2025) Workplace violence. www.osha.gov/workplace-violence (accessed February 3, 2025).
