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Many employers use the start of a new year as a signal to update their internal policies and employee handbooks to ensure continued compliance with state and federal laws. This becomes an opportunity for employers to implement necessary changes just as new regulations take effect. One such area getting attention from Oregon lawmakers is workplace violence, so employers ought to be sure to review their policies.

Workplace violence is a complex topic and subject to complicated regulations. Successful policies address violence in the workplace but also plan for possible external threats. Here is an overview of some of the basics that an employer should consider when conducting that annual policy review.

Thinking about federal law

Section 5(a)(1) of the Occupational Safety and Health Act is the much-cited 鈥済eneral duty clause,鈥� which requires employers to provide employees with a work environment that is free from recognized hazards that are causing or may cause harm. This gives employers a legal duty to create a safe workplace for all employees and further outlines some requirements to help ensure compliance.

Employers that want to promote a safe workplace should be thinking about systems for monitoring, preventing, and addressing workplace violence. OSHA鈥檚 definition is: 鈥渁ny act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the worksite.鈥� That covers a wide range of acts that include intimidating behavior, physical altercations, and use of weapons.

Many federal laws create room for states to introduce their own requirements, and workplace safety is no different. While federal law often sets the minimum standard, state law can add narrowly tailored requirements and provide helpful guidance. Oregon OSHA offers publications, fact sheets, rules, and even an online course to help employers navigate workplace violence concerns.

Remaining in compliance

Even without a specific federal OSHA standard, the importance of comprehensive policy language is self-evident.

Workplace violence policies can vary widely depending on the workplace they are built for, but they often define what the business considers to be workplace violence, and state how to report workplace violence, and how the business handles received reports. Workplace violence policies can also address what items are permissible to bring onto a worksite, allowing an employer to regulate weapons at their place of business.

Employers whose employees fall into the following categories may be subject to special rules relating to workplace violence: taxi drivers, health care workers, restaurant workers, and late-night retail workers. Employers in those industries should take special care to ensure they remain compliant with the OSHA general duty to ensure a safe workplace as well as any specific requirements that may be imposed by federal or state law.

Why workplace violence policies matter

In addition to employers having a legal duty to prevent workplace violence, they also risk many economic dangers if they fail to properly protect their employees. Workplace violence has been tied to lost work time, decreases in employee morale, declines in productivity, increases in workers鈥� compensation payments, increases in medical expenses, and potential lawsuit liability, all of which can cost an employer much more than the cost of preventive measures. Providing employees with adequate protection is mutually beneficial and can save an employer money and build its long-term reputation.

Oregon workplace violence law updates

To fill some gaps left by the lack of federal regulations, many state governments enact local regulations to meet the needs of their resident industries and ensure under-regulated areas get the attention they require. One such state-level change coming to Oregon is Senate Bill 537, which will take effect Jan. 1, 2026. The new law focuses on health care employees, mandating workplace violence prevention training and implementing new safety requirements to help protect people in one of the most vulnerable fields to workplace violence.

For employers outside of the health care industry, these new provisions do not mandate immediate changes. However, employers may still use them for guidance to strengthen their own workplace violence prevention systems. Although health care employers are among the most directly impacted, they are not the only ones required to address workplace violence prevention. The Oregon Legislature and Oregon OSHA have made this clear by continuing to implement new frameworks aimed at ensuring baseline protection for many different types of employees. Ultimately, the responsibility lies with employers to stay informed and to implement new procedures as required, so remaining updated and prepared as new legislation is enacted is essential.

Takeaways

Any government requirement is the minimum a business must adhere to and may leave one vulnerable as the world advances faster than legislation can be passed, so the obligation belongs to the employer to create an environment that provides ample protection for its employees. Employers should consider implementing or reviewing their workplace violence policies to minimize risk to their businesses and provide safer workplaces where employees can be as productive and healthy as possible.

Winslow Robinson is an attorney with Barran Liebman LLP. He advises and represents employers on a wide range of employment matters. Contact him at 503-276-2103 or [email protected].

Lex Shvartsmann is an attorney with Barran Liebman LLP. She advises and represents employers on a wide range of employment matters. Contact her at 503-276-2111 or聽[email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the authors and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither author nor the 91视频 guarantees the accuracy or completeness of any information published herein.