The Safe Workplaces Act would direct the Secretary of Labor, through the Occupational Safety and Health Administration (OSHA), to issue nonmandatory guidance aimed at reducing the threat of violence in the workplace. The process begins with a study by the National Institute for Occupational Safety and Health (NIOSH) on workplace violence, with a final report due within 15 months of enactment that is to inform the guidance. The guidance, which is nonbinding, would be issued within four years and would outline activities and work practice controls that workplaces can implement to reduce violence. It would be tailored to a wide range of workplace types (e.g., grocery stores, hospitals, schools, manufacturing facilities, offices, etc.) and must consider engineering controls, environmental risk factors, and the presence of dangerous weapons. The bill defines key terms such as “dangerous weapon,” “engineering controls,” “environmental risk factors,” “threat of violence,” “work practice controls,” and “workplace violence.” In short, the bill creates a government-led study and a set of nonbinding, best-practice recommendations for preventing workplace violence across various industries, with emphasis on practical controls and training rather than mandatory requirements.
Key Points
- 1Study requirement: NIOSH must conduct a study on reducing workplace violence and produce a report with recommendations for OSHA guidance, due within 15 months of enactment.
- 2Guidance action: OSHA, within four years, must issue nonmandatory guidance on activities and work practice controls to reduce workplace violence, differentiated by industry/type of workplace (e.g., retail, healthcare, schools, manufacturing, etc.).
- 3Considerations for guidance: The guidance must reflect the study’s recommendations and consider engineering controls, dangerous weapons, and environmental risk factors.
- 4Definitions to frame guidance (examples):
- 5- Dangerous weapon: any instrument capable of causing death or serious injury.
- 6- Engineering controls: physical or technological measures to remove or mitigate hazards (e.g., access controls, weapon detectors, secure fixtures).
- 7- Environmental risk factors: factors like isolation, poor lighting, or limited visibility that increase risk.
- 8- Threat of violence: statements or conduct causing reasonable fear for safety with no legitimate purpose.
- 9- Work practice controls: procedures and rules, including staffing, security personnel, and training for prevention and response.
- 10- Workplace violence: any act or threat of violence in a workplace, including incidents involving firearms or weapons; excludes lawful self-defense or defense of others.
- 11Nonmandatory nature: The guidance issued by OSHA is nonbinding; it does not create mandatory compliance or penalties but provides recommended practices for employers to adopt.