Texas to Require Employers to Post Notice to Employees Regarding the Reporting of Workplace Violence or Suspicious Activity

On May 30, 2023, the Texas Legislature sent legislation to Governor Greg Abbott that will require employers in Texas to post notice to employees about reporting instances of workplace violence or suspicious activity. The legislation is expected to receive final approval in the coming days. Upon enactment, the law will take effect on September 1, 2023, but the Texas Workforce Commission will have until March 1, 2024, to issue the prescribed notice for employers to post.

Quick Hits

• Under House Bill No. 915, starting September 1, 2023, Texas employers will be required to post a notice to employees related to reporting instances of workplace violence or suspicious activity.
• The measure does not require the Texas Workforce Commission to issue the prescribed notice until March 1, 2024.

House Bill (HB) No. 915 adds Chapter 104A, “Reporting Workplace Violence,” to the Texas Labor Code, requiring all employers, regardless of size, to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the [Texas] Department of Public Safety.” HB 915 requires employers to post the notice (1) “in a conspicuous place in the employer’s place of business”; (2) “in sufficient locations to be convenient to all employees”; and (3) “in English and Spanish, as appropriate.”

HB 915 also directs the Texas Workforce Commission, in consultation with the Texas Department of Public Safety, to “prescribe the form and content of the notice” by March 1, 2024. The notice must “contain the contact information for reporting instances of workplace violence or suspicious activity to the [Texas] Department of Public Safety” and “inform employees of the right to make a report to the Department of Public Safety anonymously.”

While the law will take effect on September 1, 2023, the Texas Workforce Commission will almost certainly refrain from enforcing it until sometime after issuing the prescribed poster on or before March 1, 2024.

This legislative development follows the enactment of Senate Bill (SB) No. 240, which was signed into law by Governor Abbott on May 15, 2023, and requires Texas healthcare facilities to adopt workplace violence prevention plans by September 1, 2024.

Key Takeaways

Once the Texas Workforce Commission issues the prescribed notice, Texas employers will have to post the notice as required, which may include posting not only in physical locations in the workplace for in-person employees, but also in electronic locations for remote employees.

Ogletree Deakins will continue to monitor developments and will provide updates on the Texas and Workplace Safety and Health blogs as additional information becomes available.

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