Quick Hits
- On November 4, 2026, the DOL OIG announced an audit of the effectiveness of OSHA’s actions to address workplace violence.
- It is the OIG’s first review of the issue since a September 2001 report found OSHA could do more on guidance, outreach, and recordkeeping.
- OSHA still has no workplace violence standard and relies on the General Duty Clause, so the audit’s findings could shape future enforcement and rulemaking.
Background
The OIG’s fiscal year (FY) 2026 audit workplan previewed the audit, noting that 849 of the 5,486 workplace fatalities recorded in 2022 involved intentional injury by another person. The OIG’s 2001 report recommended that OSHA clarify its use of the General Duty Clause for workplace violence, assess its outreach, and track workplace violence data.
Twenty-five years later, OSHA’s healthcare and social assistance rulemaking remains a long-term action on the regulatory agenda. OSHA has instead historically cited employers under the General Duty Clause, an approach that has been upheld by courts.
What It Could Mean for Employers
Although the audit itself does not impose new obligations on employers, its findings could influence OSHA’s future approach to workplace violence prevention. Potential outcomes include:
- Increased enforcement: OSHA could place greater emphasis on assessing workplace violence hazards during inspections and investigations, particularly in higher-risk industries.
- Expanded guidance: OSHA may update its workplace violence prevention guidance, including recommendations concerning hazard assessments, employee training, and incident response.
- Renewed rulemaking efforts: Depending on the audit’s findings, OSHA could face additional pressure to advance a federal workplace violence prevention standard, particularly for healthcare and social assistance employers.
For multistate employers, the audit also serves as a reminder that workplace violence prevention obligations vary significantly by jurisdiction. Employers operating in states such as California must continue complying with applicable state-specific requirements, regardless of developments at the federal level.
Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments and will provide updates on the Multistate Compliance, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.
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