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Quick Hits
- Several states have proposed legislation in 2025 to enhance workplace violence prevention.
- An OSHRC administrative law judge vacated an OSHA citation against a private security company, ruling that the fatal shooting of a mall security officer was unforeseeable and that the company had adequate workplace violence policies and training.
- Cal/OSHA will propose a detailed workplace violence prevention standard by December 31, 2025.
Proposed State Laws on Workplace Violence Prevention
Workplace violence remains a significant concern for employers and a challenge to ensuring workplace safety. However, whether the Trump administration will advance federal regulations on this issue is uncertain.
In response, states are expected to take the lead, with lawmakers in several states already proposing legislation in 2025 to enhance workplace violence prevention. For example, Alaska, Massachusetts, New York, Oregon, Virginia, Washington, and Wyoming all have active bills related to workplace violence prevention.
Recent Federal OSHA Case Offers Guidance on Applying the General Duty Clause to Workplace Violence Incidents
On December 26, 2024, an Occupational Safety and Health Review Commission (OSHRC) administrative law judge (ALJ) vacated an Occupational Safety and Health Administration (OSHA) citation against a private security company after one of its mall security officers was fatally shot while approaching an armed patron. The citation had alleged a serious violation of the Occupational Safety and Health (OSH) Act’s General Duty Clause, claiming the company failed to implement sufficient safeguards to protect its security officers from a known workplace hazard.
The ALJ ruled that the specific hazard—the shooter—was not legally recognizable under OSHA standards, describing it as “idiosyncratic in nature” and “unforeseeable.” Additionally, the judge found that the company had established adequate policies and training to address the broader risk of workplace violence.
Evidence showed that the security company provided clear and specific training and policies instructing mall security officers on how to handle workplace violence threats.
Cal/OSHA Issues Draft Workplace Violence Prevention Standard
On September 30, 2023, Governor Gavin Newsom signed Senate Bill (SB) No. 553 into law, creating a new workplace violence prevention standard in California. The law, which took effect on July 1, 2024, mandates that nearly all California employers implement a comprehensive workplace violence prevention plan that meets strict requirements.
SB 553 mandates that the California Division of Occupational Safety and Health (Cal/OSHA) propose a workplace violence prevention standard by December 31, 2025, in alignment with the law. This standard may include additional requirements that Cal/OSHA deems necessary to safeguard employee health and safety. The law also directs the California Occupational Safety and Health Standards Board to adopt a final standard by December 31, 2026.
Cal/OSHA had previously been working on a general industry standard for preventing workplace violence, releasing a revised discussion draft in May 2022. On July 15, 2024, Cal/OSHA issued another updated draft, incorporating additional proposed stricter requirements.
Ogletree Deakins’ Workplace Safety and Health Practice Group and Workplace Violence Prevention Practice Group will continue to monitor developments and will provide updates on the Workplace Safety and Health and Workplace Violence Prevention blogs as additional information becomes available.
Additionally, the Ogletree Deakins Client Portal provides subscribers with timely updates on workplace violence prevention requirements, including those in California. Premium-level subscribers have access to our California Workplace Violence Prevention Toolkit, which includes a model policy, training, hazard assessment, notice, and more.
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