Workplace Violence Policy | Practical Law

Workplace Violence Policy | Practical Law

A policy prohibiting workplace violence that outlines the procedures for reporting threats or violent acts and prohibits retaliation for complaints. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

Workplace Violence Policy

Practical Law Standard Document 3-506-4943 (Approx. 15 pages)

Workplace Violence Policy

by Practical Law Labor & Employment
MaintainedUSA (National/Federal)
A policy prohibiting workplace violence that outlines the procedures for reporting threats or violent acts and prohibits retaliation for complaints. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.
Close Drafting Note

Read This Before Using Document

Workplace violence is a violent act (physical assault or the threat of assault) directed toward a person at work or on duty. Workplace violence includes harassment, bullying, and other forms of intimidation. There is no federal law establishing an employer's duty to prevent workplace violence against employees. However, an employer has a general duty to provide a safe working environment under Section 5(a)(1) of the federal Occupational Safety and Health Act (OSH Act). For more information on the OSH Act, see Practice Notes, Workplace Violence: The General Duty Clause and Workplace Violence and Health and Safety in the Workplace: Overview.
The Occupational Safety and Health Administration (OSHA) recommends that employers create a zero-tolerance policy for workplace violence. An employer may use its compliance with OSHA's recommendations to defend against a claim that the employer violated the OSH Act. In addition, a workplace violence policy can help minimize the risk of a negligent retention or supervision claim. For more information on these claims, see Practice Notes, Negligent Hiring, Retention, and Supervision and Workplace Violence: Negligent Supervision and Retention.
A workplace violence policy can serve several important functions, including:
  • Defining workplace violence.
  • Informing employees that the employer does not tolerate any form of workplace violence.
  • Encouraging employees to report threats or violent acts.
A properly drafted and enforced workplace violence policy should:
  • Provide a specific procedure for reporting workplace threats or violent acts.
  • Inform employees that the employer promptly investigates complaints of workplace violence.
  • State that the employer promptly takes any necessary corrective action.
This Standard Document outlines the procedure for reporting threats or violent acts and prohibits retaliation for reporting complaints. It can be incorporated into an employee handbook or used as a stand-alone policy document. It covers federal law. State or local laws may impose additional or different requirements on employers and, if applicable, this policy should reference those requirements. For example, Connecticut law requires covered health care providers to establish a workplace safety committee, conduct a risk assessment, maintain records of incidents of workplace violence, and develop a workplace violence prevention and response plan (Conn. Gen. Stat. Ann. § 19a-490q).
For training materials on workplace violence prevention, see Standard Documents:
Employer may choose to have a separate policy addressing workplace bullying. For a sample policy, training, and more information on this issue, see:

Compliance with the National Labor Relations Act

Both unionized and nonunionized employers must ensure that they comply with the National Labor Relations Act (NLRA) when developing and implementing policies. For example, in Plaza Auto Center, Inc. v. NLRB, an employer terminated an employee after an obscenity-laced outburst directed at the owner, which the company considered menacing, physically aggressive, and belligerent. However, the National Labor Relations Board (NLRB) held that the employee's outburst did not cause the employee to lose the protections of the NLRA because, in part, the employee:
  • Was engaged in protected Section 7 activity.
  • Was provoked by employer unfair labor practices (ULP).
  • Did not expressly threaten physical harm.
  • Was in front of a small audience away from the rest of the employees for his outburst.

Bracketed Text

Counsel should replace bracketed text in ALL CAPS with information specific to the particular circumstances. Bracketed text in sentence case is optional or alternative language that counsel should include, modify, or delete, as appropriate. A forward slash in bracketed text indicates that counsel should choose from among two or more alternative words or phrases.

WORKPLACE VIOLENCE POLICY

Zero-Tolerance Policy
[EMPLOYER NAME] prohibits and will not tolerate any form of workplace violence by an employee, supervisor, or third party, including[ vendors/patients/customers/subscribers/clients][ and] visitors[ both] at the workplace[ and at employer-sponsored events].
Prohibited Conduct
For purposes of this policy, workplace violence includes[ but is not limited to]:
  • Making threatening remarks (written or verbal).
  • Aggressive or hostile acts such as shouting, using profanity, throwing objects at another person, fighting, or intentionally damaging a coworker's property.
  • Bullying, intimidating, or harassing another person (for example, making obscene phone calls or using threatening body language or gestures, such as standing close to someone or shaking your fist at them).
  • Behavior that causes another person emotional distress or creates a reasonable fear of injury, such as stalking.
  • Assault.
  • [OTHER EXAMPLES OF PROHIBITED CONDUCT.]
This list is illustrative only and not exhaustive. No form of workplace violence will be tolerated.
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Zero-Tolerance Policy and Prohibited Conduct

The first section firmly states the employer's position that it does not tolerate workplace violence by anyone employed by or maintaining a professional or business relationship with the employer.
The second section provides examples of prohibited conduct without limiting the employer's discretion to determine that additional conduct is prohibited. Workplace violence can refer to a wide variety of conduct, including harassment and bullying. Optional language is included for employers that host events outside of the workplace and intend for the policy to apply in that context.
Prohibited Weapons
[EMPLOYER NAME] prohibits all employees[ with the exception of [POSITION TITLE]] from possessing any weapons of any kind at the workplace[, while engaged in activities for [EMPLOYER NAME], and at [EMPLOYER NAME]-sponsored events]. [For purposes of this policy, the workplace is defined to include [EMPLOYER NAME]'s building[s], outdoor areas, and parking lots.]
Weapons include:
  • Guns.
  • Knives.
  • Mace.
  • Explosives.
  • Any item with the potential to inflict harm that has no common purpose.
  • [OTHER EXAMPLES OF PROHIBITED WEAPONS.]
This list is illustrative only, and not exhaustive. [EMPLOYER NAME] prohibits employees from possessing any weapon at the workplace.
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Prohibited Weapons

A policy prohibiting employees from possessing weapons at the workplace is an important component of workplace violence prevention. Optional language is provided here that prohibits employees from possessing any kind of weapon in an employer parking lot. Employers should consult applicable state law before including the optional language because an employer's ability to ban weapons in a parking lot varies by jurisdiction and continues to develop. Certain states have laws permitting employees to keep guns in their locked cars on an employer's property (see Practice Note, State Guns-At-Work Laws Chart: Overview).
For example, in Ameren Illinois Co. v. Int'l Bhd. of Elec. Workers, an employee got into a heated argument with his supervisor at work, allegedly made threatening remarks, and was known to carry a concealed weapon either on his person or in his personal vehicle, which was parked in the company parking lot. The employer terminated the employee for violating its workplace violence policy. Through his union, the employee brought a grievance under the collective bargaining agreement (CBA), and the parties opted for binding arbitration. The arbitrator determined that although the employee had technically violated the workplace violence policy, the employer could not enforce the rule because it violated the Illinois Concealed Carry Act (430 ILCS 66/65). The arbitrator ordered the employee's reinstatement, which the Seventh Circuit Court of Appeals upheld. (906 F.3d 612, 615 (7th Cir. 2018).)
Optional language is also provided for employers that wish to exclude certain positions from the ban on weapons (such as security officers who carry a gun as part of their job).
For more information on laws addressing guns in the workplace, see Practice Notes, Guns at the Workplace.
For a more comprehensive policy addressing guns in the workplace, which an employer may cross-reference or incorporate herein, see Standard Document, Concealed Weapons Policy.
Reporting Workplace Violence
[EMPLOYER NAME] is committed to enforcing this policy against all forms of workplace violence. However, the effectiveness of our efforts depends largely on employees telling us about all incidents of workplace violence, including threats. Employees who witness any workplace violence should report it immediately[ using the Complaint Procedure described below]. In addition, if an employee feels that they or someone else may have been subjected to conduct that violates this policy, the employee should report it immediately[ using the Complaint Procedure described below]. If employees do not report workplace violence incidents, [EMPLOYER NAME] may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.
Complaint Procedure
If you witness or are subjected to any conduct you believe violates this policy, you must speak to, write, or otherwise contact your direct supervisor or, if the conduct involves your direct supervisor, the [next level above your direct supervisor/[DEPARTMENT NAME]] as soon as possible.
Your complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. [A Workplace Violence Complaint Form is available at [LOCATION DESCRIPTION] if you wish to use it.]
[EMPLOYER NAME] will directly and thoroughly investigate all complaints of workplace violence and will take prompt corrective action, including discipline or termination of employment. [EMPLOYER NAME] reserves the right to contact law enforcement[, if appropriate]. [To the extent permitted by law, [EMPLOYER NAME] reserves the right to seek a restraining order to prevent workplace violence against an employee.]
If you become aware of an imminent violent act or threat of an imminent violent act, immediately contact appropriate law enforcement and then contact [EMPLOYER' NAME]'s [security department/[DEPARTMENT NAME]].
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Complaint Procedure

A well-documented and publicized complaint procedure is vital to an employer's ability to discover and minimize the risk of workplace violence. The complaint procedure outlined above provides specific steps for employees to take when they feel they have been subjected to or witnessed any conduct they believe violates the policy.
The complaint procedure should include more than one reporting option so that employees are not required to report the conduct to their supervisor and to increase the odds the employees will feel comfortable reporting the behavior. Optional language is provided here for employers that have a workplace violence complaint form.

Restraining Orders

Certain jurisdictions (for example, California and Indiana) permit employers to seek restraining orders to prevent violence against employees. Employers that choose to include the optional language should consult applicable state law and modify the clause according to their specific needs.

Imminent Violent Acts or Threats of Imminent Violent Acts

To further minimize the risk of workplace violence, employers should encourage employees to contact law enforcement immediately in addition to following the employers' complaint procedure when there a violent act or threat is imminent.
During workplace violence training, employers should train managers and employees about the procedures for reporting workplace violence acts and threats. This clause includes the procedure for reporting imminent violent acts (or threats of imminent violent acts) in the complaint procedure. However, employers may choose to include the procedure as a stand-alone clause.
For a sample document containing guidelines for responding to incidents of workplace violence, see Standard Document, Protocols for Responding to Violence or Threats of Violence at the Workplace.
For more information about reporting workplace violence or threats of violence to law enforcement authorities, see Practice Note, Reporting Criminal Activity of Employees.
[Employee Assistance Program
[EMPLOYER NAME] provides an employee assistance program (EAP) for all employees[ and their eligible dependents]. The EAP is designed to help individuals manage personal problems that can impact their wellbeing and work performance. Treatment is confidential (unless an EAP counselor is required by law to disclose information, such as child abuse) and will not become a part of an employee's personnel records. For more information about the EAP, contact [the Human Resources Department/your benefits manager/[OTHER POSITION OR DEPARTMENT]].]
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Employee Assistance Program

An optional clause is provided here for employers that choose to offer an employee assistance program (EAP). Although not required by federal law, many employers choose to provide an EAP for employees. An EAP provides counseling or treatment to assist employees (and their family members) with work-related and non-work-related issues, such as:
  • Drug or alcohol abuse.
  • Life changes, such as financial problems or divorce.
  • Stress management.
Employers should consider offering an EAP to employees as a component of workplace violence prevention. An employee who is going through a difficult time and seeks help through an EAP may be less likely to become violent at the workplace.
For more information on steps to minimize workplace violence, see Minimizing Workplace Violence Checklist.
No Retaliation
[EMPLOYER NAME] prohibits any form of discipline, reprisal, intimidation, or retaliation for reporting incidents of workplace violence of any kind, pursuing a workplace violence complaint, or cooperating in related investigations.
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No Retaliation

Employers should remind employees that unlawful retaliation of any kind, including for reporting threats or violent acts, is strictly prohibited. Employers should train managers that retaliation against employees for reporting workplace violence, pursuing a workplace violence complaint, or cooperating in related investigations is strictly prohibited.
For more information on retaliation, see:
Administration of this Policy
The [DEPARTMENT NAME] Department is responsible for the administration of this policy. If you have any questions regarding this policy or if you have questions about workplace violence that are not addressed in this policy, please contact the [DEPARTMENT NAME] Department.
[Employees Covered Under a Collective Bargaining Agreement
The employment terms set out in this policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with [EMPLOYER NAME]. [Employees should consult the terms of their collective bargaining agreement./Wherever employment terms in this policy differ from the terms expressed in the applicable collective bargaining agreement with [EMPLOYER NAME], employees should refer to the specific terms of the collective bargaining agreement, which will control.]]
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Disclaimer for Unionized Employees Covered Under a Collective Bargaining Agreement

Employers that choose to include this disclaimer should consider whether to include optional language referring employees to either their:
  • Applicable CBA.
  • Union's CBA, and noting that the CBA controls whenever employment terms set out in a policy differ from terms expressed in their CBA.
[Acknowledgment of Receipt and Review
[I, _______________________ (employee name), acknowledge that on _____________________ (date), I received a copy of [EMPLOYER NAME]'s [NAME OF POLICY] and that I read it, understood it, and agree to comply with it. I understand that [EMPLOYER NAME] has the maximum discretion permitted by law to interpret, administer, change, modify, or delete this policy at any time[ with or without notice]. No statement or representation by a supervisor or manager or any other employee, whether oral or written, can supplement or modify this policy. Changes can only be made if approved in writing by the [POSITION] of [EMPLOYER NAME]. I also understand that any delay or failure by [EMPLOYER NAME] to enforce any work policy or rule will not constitute a waiver of [EMPLOYER NAME]'s right to do so in the future. I understand that neither this policy nor any other communication by a management representative or any other employee, whether oral or written, is intended in any way to create a contract of employment. I understand that, unless I have a written employment agreement signed by an authorized [EMPLOYER NAME] representative, I am employed at will and this policy does not modify my at-will employment status. If I have a written employment agreement signed by an authorized [EMPLOYER NAME] representative and this policy conflicts with the terms of my employment agreement, I understand that the terms of my employment agreement will control.
OR
I, ________________________ (employee name), acknowledge that on ______________________ (date), I received and read a copy of [EMPLOYER NAME]'s [NAME OF POLICY][, dated [EDITION DATE]] and understand that it is my responsibility to be familiar with and abide by its terms. [I understand that the information in this Policy is intended to help [EMPLOYER NAME]'s employees to work together effectively on assigned job responsibilities.] This Policy is not promissory and does not set terms or conditions of employment or create an employment contract.]
 
________________________
Signature
________________________
Printed Name
________________________
Date]
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Acknowledgment

A signed acknowledgment of receipt, review, and understanding of any employee policy minimizes the potential for employees to later claim ignorance of that policy as an excuse for noncompliance. Although an acknowledgment included at the end of an employee handbook allows an employer to use one acknowledgment for all policies contained in the handbook, an employer's ability to prove acknowledgment of some policies is so important that employers sometimes choose to present them as stand-alone policies.
Before using this acknowledgment, employers should ensure their policies comply with applicable laws and do not violate or otherwise interfere with employees' rights. For example, employers should not maintain or implement policies that interfere with employees' Section 7 right under the NLRA (see Drafting Note, Compliance with the National Labor Relations Act and Standard Document, Stand-Alone Policy Acknowledgment: Drafting Note: Read This Before Using Document).
Employers using this policy as a stand-alone policy for their nonunionized employees should include the first alternative acknowledgment. However, employers implementing this policy as part of a larger handbook for nonunionized employees may use a single acknowledgment for the entire handbook (see Standard Document, Employee Handbook Acknowledgment).
Employers using this policy as a stand-alone policy for their unionized employees should include the second alternative acknowledgment. This alternative acknowledgment does not require a unionized employee to acknowledge the employer's right to modify or delete its provisions without notice or to terminate employment at will. The NLRB may consider those statements evidence of a violation of an employer's duty to bargain with the employee's union before making changes to terms or conditions of employment under Sections 8(a)(5) and 8(d) of the NLRA (see United Cerebral Palsy of N.Y.C., 347 N.L.R.B. 603 (2006)).
Employers implementing this policy as part of a larger handbook applicable to unionized employees may use a single acknowledgment for the entire handbook (see Standard Document, Unionized Employee Handbook Acknowledgment).