A Checklist outlining best practices to improve workplace safety for employees and minimize workplace violence. It addresses workplace safety assessments, policies and procedures, training, and other practical tips for minimizing workplace violence. This Checklist applies to private employers that do not have a unionized workforce. For information on state law requirements relating to background checks, hiring requirements, and drug testing, see the State Q&A Tools under Related Content.
Conduct a Workplace Safety Analysis
Create a safety team to assess potential threats to workplace safety and set policies and procedures to minimize workplace violence. The team should include representatives from:
any previous workplace assaults, including the number and severity of assaults; and
any patterns in workplace violence, such as whether assaults occur at a particular location or time of day or involve employees performing specific job duties.
Develop and distribute a workplace safety survey to employees and encourage their participation. The survey should be redistributed periodically (at least annually). Ask employees to provide feedback on:
whether they feel safe at the workplace;
whether they perceive any potential threats of workplace violence; and
any security measures in place, including suggestions for improving workplace safety.
Be aware that the workplace safety survey may be used as evidence that the employer was aware of potential threats of workplace violence if a violent situation later arises.
Inspect the workplace, including outdoor areas and parking lots, to evaluate potential threats to workplace safety. Reinspect the workplace periodically (at least annually). A detailed inspection should include:
physical risk factors, such as isolated locations, areas with poor lighting, or areas with unrestricted access;
practices that may put employees at risk of an assault (such as employees who work late hours in isolated areas);
security response time to emergencies; and
the effectiveness of existing security measures at reducing the threat of workplace violence (for example, whether security is checking for employee identification badges and asking third parties for identification before granting access to the workplace).
Consider any other factors that may affect the security of the workplace. For example, evaluate whether:
the nature of the business increases the risk of workplace violence (for example, employees work early or late shifts or exchange money with customers); or
crime data from the community shows the workplace is at risk for violence.
Implement Workplace Safety Policies and Procedures
Workplace Violence Policy and Procedures
Draft and maintain a workplace violence policy that informs employees that threats or violent acts in the workplace are prohibited. The workplace violence policy should:
be easy to read and understand;
cover acts of violence (regardless of whether the act results in physical injury), harassment, bullying, and other intimidation;
prohibit employees from bringing weapons to the workplace (although outside the scope of this Checklist, some states have laws that permit employees to keep guns in a locked car on the employer's property (see Practice Note, State Guns-at-Work Laws Chart: Overview));
set procedures for employees to report threats or violent acts;
set a disciplinary procedure for employees who violate the policy;
Balance employees' privacy rights with the employer's goal of providing a safe workplace and minimizing the risk of workplace violence. To minimize the risk of an invasion of privacy claim:
review state law and confirm whether searching an employee's email or workspace in response to a complaint is permitted (see Employee Privacy Laws: State Q&A Tool);
consider a workplace search policy that complies with state law and informs employees that certain areas (such as lockers or desks) are subject to search (for a sample workplace search policy, see Standard Document, Workplace Searches Policy).
Plan steps to take if a threat of workplace violence is substantiated through investigation and consider:
notifying security personnel and local law enforcement;
requesting a fitness-for-duty exam if an employee who violated the workplace violence policy takes leave for a mental condition under the Americans with Disabilities Act of 1990 (ADA) or Family and Medical Leave Act (FMLA) and there is concern that the employee suffers a continuing disability or serious health condition that affects the employee's ability to perform the essential functions of his job (however, some courts have held that employers cannot request a fitness-for-duty exam under the ADA if the employee presents a certificate from a health care provider certifying the employee's ability to return to work) (see Practice Note, Mental Health Conditions in the Workplace);
seeking a restraining order to prevent violence against an employee, if permitted by state law (for example, California and Georgia permit employers to seek restraining orders); and
educating employees about resources available, including counseling services and an EAP if applicable (see Employee Assistance Program (EAP)).
Implement security measures to address any risk factors identified in the workplace safety analysis (see Conduct a Workplace Safety Analysis). For example:
issue identification or security access cards to employees to prevent unauthorized access to the workplace;
confirm that security prohibits former employees from visiting the workplace without prior authorization;
install security measures as appropriate (such as alarm systems, surveillance cameras, or metal detectors);
provide field staff with cell phones and a contact person to speak to regarding their location;
reconfigure furniture in work areas to prevent employees from being trapped in a violent situation; and
confirm that the building, outdoor areas, and parking lots have adequate light and comply with safety code requirements.
Substance Abuse Policy
Draft and maintain a substance abuse policy. The policy should:
prohibit employees from using alcohol or controlled substances at the workplace in accordance with state law and the ADA (which protects individuals who use legally prescribed medications);
state the consequences of an employee violating the substance abuse policy; and
alert employees that an employer reserves the right to drug test, if permitted under state law.
Consider offering an EAP to help employees with personal problems that can impact their well-being and work performance. An EAP can provide counseling or treatment to assist employees (and their family members) with issues such as:
substance abuse;
financial problems; and
emotional distress.
Consider that 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.
Educate employees regarding the EAP, including that treatment is confidential (unless an EAP counselor is required by law to disclose information, such as child abuse) and does not become a part of an employee's personnel records.
Safety Procedures
Draft and maintain a workplace safety plan that includes workplace violence procedures.
Practice workplace violence drills periodically (at least twice yearly). Employers and employees who practice workplace violence drills are likely better prepared to respond if there is a violent situation. Employees should know:
how they will be informed about a violent situation (for example, by email, cell phone, or public address system);
designated safe areas to gather and exit the workplace, if necessary; and
Make the workplace violence policy, substance abuse policy, and safety plan available to all employees by:
distributing the policies and safety plan in an employee handbook or stand-alone documents to all employees, including new hires;
obtaining and retaining a signed acknowledgment from each employee who receives a copy of the policies and safety plan; and
redistributing the policies and safety plan periodically (at least annually) and obtaining updated acknowledgments from each employee.
Train employees and managers on:
workplace violence and substance abuse policies;
techniques to recognize the potential for violence, including warning signs (such as verbal abuse to coworkers or angry outbursts);
procedures for reporting workplace violence acts or threats;
safety plans, including procedures to follow in the event of a violent situation at the workplace; and
resources available for stress management, including an EAP if one exists.
Provide specialized training to managers. The manager training program should include:
promoting workplace safety by ensuring employees follow safe work practices;
identifying and evaluating potential threats (for example, involuntary separation of an employee with violent tendencies);
crisis management and techniques to diffuse workplace conflicts (for example, removing possible weapons from desks and calming an individual who may become aggressive);
encouraging employees to report all threats of workplace violence;
recordkeeping and compliance with the Occupational Safety and Health Act and state law (workplace violence that causes stress or mental illness can be an occupational injury); and
providing information and assistance to workplace violence victims.
Train employees charged with implementing the workplace violence policy, substance abuse policy, and safety plan (such as human resources professionals) on:
taking all complaints of workplace violence seriously;
recordkeeping and reporting of workplace violence incidents.
Procedures for employers to seek injunctive relief to prevent further workplace violence incidents.
Many state workplace violence prevention laws apply specifically to health care employers due to risks unique to those work settings. However, certain laws have broader applicability to cover most employers.
For more information on state laws (including California's law, effective July 1, 2024), see:
Implement Preventative Measures When Hiring and Terminating
Minimizing the Risk of Workplace Violence by Prescreening Applicants
Meet applicants face-to-face and ask about any gaps in employment history. A gap in employment history may reveal an applicant was serving time for committing a violent crime.
If permitted by state law, specifically ask applicants about criminal convictions and consider:
the nature of the crime committed (character and severity of the offense);
the length of time since the conviction; and
the applicant's work record since the conviction.
Be aware that not all criminal convictions can be used in making hiring decisions. Some states:
restrict an employer from investigating and using criminal convictions in hiring decisions; or
require an employer to hire a former inmate if the applicant is qualified for the position and there are no other reasons to exclude the applicant other than a criminal conviction.
Speak to an applicant's employment references to confirm information the applicant provides and document information the employer receives. An employer that fails to check employment references can be liable for negligent hiring if a reference check may have revealed an applicant had a propensity for violence. For more information on negligent hiring, see Practice Notes, Negligent Hiring, Retention, and Supervision: Negligent Hiring and Workplace Violence: Negligent Hiring.