Workplace Violence Prevention Program Development and Consultation
Overview
Traliant’s team of Compliance Advisors, all of whom have previously practiced law, are available to help employers develop and implement compliant workplace violence prevention programs.
- We’ll develop and implement compliant workplace violence prevention programs
- Includes 8 Elements of A Workplace Violence Prevention Program
- We ensure that the workplace violence programs are legally compliant and meet all OSHA guidelines and federal and state laws
Compliant with All Federal and State Laws and Regulations
Traliant ensures that the workplace violence programs it develops and implements are:
- Compliant with OSHA Enforcement Guidance, such as “OSHA Enforcement Procedures and Scheduling for Occupational Exposure to Workplace Violence”
- Compliant with federal and state laws
- Compliant with industry-specific laws, such as state laws requiring workplace violence prevention programs in healthcare facilities.
Traliant closely monitors legal developments at the federal and state level to ensure compliance with new laws and regulations. For example, in 2023, Traliant is closely monitoring:
- The pending bill in Congress that will require healthcare facilities and social services agencies nationwide to develop and implement workplace violence prevention programs and training. (Workplace Violence Prevention for Health Care and Social Service Workers Act, H. R. 1195)
- The pending regulations in California that will require all employers regardless of industry to implement workplace violence prevention programs and training.
Elements of A Workplace Violence Prevention Program
While the elements vary somewhat by state and industry, various laws and regulations generally require workplace violence prevention programs to include the following elements.
- 1. Written Policy
- Include “assignment of oversight and prevention responsibilities”
- Cover everyone in the workplace
- Include ”threats”
- Detail reporting procedures
- Address Behavior outside of work
- Ensure addresses domestic violence that may spill into the workplace
- Include anti-retaliation provisions
- 2. Workplace Violence Hazard Assessment and Security Analysis
- Must include employee participation in the process of identifying hazards and mitigating risks
- In the written analysis, you must include “a list of the risk factors identified in the assessment and how the employer will address the specific hazards identified.”
- 3. Implementation of Controls
- Implement controls to eliminate or reduce the identified hazards
- Can include engineering or administrative controls
- 4. Reporting Procedures
- Set up system for reporting concerns or “red flag” behavior
- Consider allowing anonymous reporting
- 5. Record-Keeping
- Required logs of work-related injuries and illnesses from the past five years (OSHA Form 300)
- Worker’s Compensation records
- Training records
- Safety committee minutes
- The identification and correction of recognized hazards
- Other records required by OSHA and state-law requirements
- 6. Establishment of Threat Assessment Team
- Determine who will assess “red flag” behaviors of violence and steps that will be taken
- Utilize FBI threat assessment questions
- Consult the Department of Homeland Security’s “Indicators of Potential Violence by an Employee”
- 7. Response Procedures and Team
- Develop “procedures and responsibilities to be taken in the event of a violent incident in the workplace.”
- Develop a response team responsible for immediate care of victims and providing debriefing sessions with victims and coworkers.
- 8. Employee Training
- Ensure covers required topics under OSHA guidance and state laws and regulations
- Address workplace violence prevention and active shooter response topics
- Train upon hire and annually thereafter
Compliance Advisory Team
Legal Expertise
The Traliant Compliance Advisory Team is our team of in-house legal experts with years of experience practicing employment law. They consult with clients to create an employee handbook that is both compliant and meets their specific needs, given the organization’s industry and the states in which it operates. Our Compliance Advisory Team has reviewed countless handbooks adopted by organizations of all sizes nationwide, and can help you assess, develop and maintain your employee handbook. Entrust Traliant’s legal experts to relieve you of the continuous burden of handbook compliance management.
Michael Johnson, J.D.
Chief Strategy Officer
Michael Johnson, Chief Strategy Officer of Traliant, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. Michael has provided training and consulting on harassment prevention or investigations to organizations around the world such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School.
Elissa Rossi, J.D.
Vice President of Compliance Services
Elissa Rossi, Vice President of Compliance Services, has practiced employment law and litigation at various law firms, including Boyd Richards and Wilkie Farr. She also has served as an Assistant Attorney General in New York’s Attorney General’s Office. Elissa has represented clients in state and federal actions and in administrative proceedings before the EEOC and other regulatory bodies. Elissa is a graduate of the University of Pennsylvania and the University of Chicago Law School.
Brian Rothenberg, J.D.
Vice President of Compliance Training
Brian Rothenberg, Vice President of Compliance Training, has advised numerous Fortune 500 companies on their compliance training and policy needs. He is a graduate of the University of Richmond and he received his J.D. and MBA from the College of William and Mary.
Leondra Hanson, J.D.
Senior Compliance Advisor
Leondra Hanson has extensive experience as an attorney and college professor. Her past research has focused on exploring innovative approaches to training. She is a frequent speaker on legal and education topics and has presented at regional SHRM events, Minneapolis TED, and the National Association of Women Lawyers. Leondra graduated from Concordia College, Moorhead, and earned her J.D. from the University of Minnesota.
Ashley Membere, PhD.
Senior Compliance Advisor
Ashley Membere, PhD, consults on diversity and inclusion training development and presents live training sessions for Traliant. Professor Membere is an Assistant Professor in the Department of Psychology at California State University, Dominguez Hills. Professor Membere researches, among other things, diversity and inclusion in the workplace. Professor Membere graduated from Rice University and received a PhD from George Mason University.