Workplaces are dangerous places. Even jobs that don’t involve heavy machinery, poisonous substances, or other physical hazards are plagued with one inescapable safety concern: other people.
Bureau of Labor Statistics data for 2021-22 indicates workplace violence was responsible for 57,610 workplace injuries that resulted in days away from work; there were 524 fatalities as the result of workplace violence in 2022 alone. These injuries resulted from gun violence, bombs, knives, arson, fisticuffs, sexual assault, strangulation, and threats and verbal assault. They were perpetrated by coworkers, bosses, customers, clients, and vendors. Many took place at service and healthcare job sites, but they also occurred in educational settings, professional offices, construction, and transportation, and other industries.
What protections do workers have? Well, it’s complicated. Read on.
What We’ve Got In New York
Several states have enacted laws addressing workplace violence. Some are more effective than others, and each state focuses on different areas. Here’s what’s available in New York (if you work in another state, talk to an attorney in your jurisdiction!):
Since 2006, New York State has had a Workplace Violence [“WPV”] Prevention Act [“Act”] on the books. The Act covers public sector workplaces only (as of January 4, 2024, this includes public school districts as well). It is designed to prevent intentional injuries as well as threats and attempts, including a prohibition on stalking. The Act requires government employers to evaluate risk factors, provide training, implement a system for reporting WPV incidents, and keep records. Certain employers are required to develop a written WPV Prevention Program and post notices about it.
Does this mean New York public sector workers can go to work free from the threat of workplace violence? Well, hardly. Enforcement of the Act is confided to New York’s Public Employee Safety and Health [“PESH”] Bureau, an organization that will inspect a workplace and issue notices to the public employer. Public sector employees can file a complaint with PESH, and PESH may arrange a site visit or issue a notice. If the employer does not abate the hazards, PESH can impose fines of up to $200.00 per day (which seems like a chunk of change, but it’s not much of a deterrent for a lot of employers).
Help (Might Be) On The Way (Sort Of)!
Notice how we keep bolding the word “public” above? That’s because most employees are private sector employees. If you work at a nonprofit hospital or a hardware store, this law does not protect you.
The New York Retail Worker Safety Act [“RWSA”], designed to address workplace violence in retail establishments, has been making its way through the New York State Legislature and has passed in both the Senate and Assembly. The RWSA would require employers in the retail industry to identify risk factors, provide training (including active shooter drills), document and report incidents, and some retail employers would be required to employ a security guard. And the RWSA would require installation of “panic buttons” in certain retail situations. Enforcement is not mentioned in the bill, but the New York State Commissioner of Labor would be empowered to come up with regulations to implement the provisions. Watch this space.
What About The Rest Of Us?
While public sector and retail workers are getting some minimal attention, these laws don’t do much for the rest of us. Injured workers may have recourse to Workers Compensation, and workers who are being harassed may, in some cases, have protection under antidiscrimination or other laws. OSHA keeps making noise about workplaces being “free from recognized hazards” but does not currently have a standard specific to workplace violence.
So a lot of people who work with a legitimately scary person are at the mercy of the boss, who may or may not feel like doing something about the scary person. This is where speaking with a good workplace attorney can be useful. The individual facts of any workplace situation are key to understanding what options are available to employees in these frightening situations.
Conclusion:
While New York has implemented some measures to address workplace violence, such as the Workplace Violence Prevention Act for public sector workers and the pending Retail Worker Safety Act for those in the retail industry, these laws do not cover everyone. It is important for employees who are dealing with frightening situations to consult with an experienced workplace attorney to explore their options. A good workplace attorney can help individuals navigate the complexities of their situation and determine the best course of action.
