How OSHA is Involved in Mandating Protections for Employees

14-Oct-2024

Understanding OSHA’s Role in Employee Protection

The Occupational Safety and Health Administration (also known as OSHA) is one of the central agencies within the federal government in the United States that has a mandate to protect the health of employees by providing a safe working environment. OSHA which was formed in 1970 under the Occupational Safety and Health Act, mainly focuses on minimizing the risk in the working environments to keep the health of the workers in growing industries. Of note, OSHA has consistently worked within its statutory mandate but has to start adopting new focus such as emerging workplace violence that has been on the rise in recent years. With the help of the uplift, OSHA is now more involved than ever in enforcing protection mechanisms following the increase in management complaints and as well as more cases of Workplace Violence Increases.

Occupational Violence: Prevention Strategies

Every behavior that has the potential to threaten the safety of people in a work site is workplace violence. It can be in the form of threats, intimidation, or harassment of an individual in the workplace only to full-scale shoots and mass murder. It has been estimated that every year about two million people in the United States encounter offensive behavior in the working environment A recent National Institute for Occupational Safety and Health study estimated that almost 17% of full-time employees experienced workplace violence in the previous year, suggesting that future policies may also endorse non-mandated violence prevention strategies. There are numerous explanations for the increase in violence employed against employees, including political unrest, the economic downturn, more stress, and even societal influences that spill over into the workplace.

The growing concern for employee safety has prompted OSHA to take a stronger stance in enforcing regulations and creating frameworks for employers to address this critical issue. As workplace violence increases, OSHA’s role in ensuring a safer working environment is more relevant than ever.

OSHA’S MANDATES AND GUIDELINES ON WORKPLACE SAFETY

Although OSHA has not developed any specific standard on the prevention of workplace violence, guidance is still sounded out to employers based on the General Duty Clause of the Act. The General duty clause requires each employer to provide to employees with a place of employment, which is ‘free from recognized hazards that are causing or are likely to cause death or serious physical harm’ to employees. This clause supplements the aspects of workplace violence prevention, hence being the base of OSHA since inception till date.

To address these issues, OSHA has issued guidelines and recommendations to employers in industries such as healthcare, retail and social services, etc., that have higher risks of workplace violence. Furthermore, these programs involve the implementation of;

1. Developing a Workplace Violence Prevention Program

Employers are encouraged to adopt a more holistic approach to violence prevention through measures, policies, procedures and practices that seek to identify and control such risks. This program should state the employers’ position with respect to workplace violence, outline specific accountability and responsibilities, and provide mechanisms for reporting and tracking occurrences of violence in the workplace.

2. Planning Risk Assessments

OSHA also recommends employers regularly perform risk assessments to survey the workplace for potential hazards that may contribute to violence.

3. Performing Risk Assessments

Risk Assessments are concerned with the identification of hazards, in this case, possible violent acts known to occur in the employment setting, that each employer should carry out on a regular basis, according to the OSHA. This means looking at the workplace, looking at previous incidents that have occurred, and looking at the exposure that employees have.

4. Installing Engineering and Administrative Controls

Recommendations consisted of the implementation of physical defenses, light enhancement or triangulation as a way to inhibit aggression from occurring. In addition, administrative controls, such as changing working hours, preventing cash handling, or scheduling more staff during risky periods, are also very effective in eliminating the risks.

5. Implementing Employee Education

Employee training is a central part of ensuring that all employees understand the signs of a possible threat and how to act on that possible threat. OSHA also gives their views on the need for frequent training, including de-escalation and use of emergency procedures.

6. Developing a Reporting System

One very important aspect of the OSHA recommendations that deserves special mention is the support for a strong violence reporting procedure that does not punish employees who report violent acts. This process should be confidential and protect employees who report an incident.

7. Enforcement Actions Osha’s Role

In light of the raids, OSHA has intensified the enforcement of its policies. Certainly, the agency may not always cite employers for the incidents of workplace violence but in instances where such violence is caused by pregnancy discrimination, for example, they may invoke the General Duty Clause to cite employers. Enlisting OSHA’s purpose, he adds that OSHA may cite specific deficiencies such as related training, implementation of safety systems, or conducting risk assessments as required.

Examples of recent questions asked of the employers are evidence of OSHA’s newly written agenda as implementing conduct and management of workplace violence. It has penalized healthcare facilities, and convenience stores among others for exposing their workers to hazardous conditions without taking reasonable preventive measures like installing security systems and failing to control risks appropriately. This increased vigilance with regard to enforcement is designed to alert the employers that there is no more business as usual as far as OSHA is concerned in the prevention of workplace violence.

OSHA’s Partnership and Outreach Programs

Further still, apart from its enforcement approach, OSHA has also established various partnerships and outreach programs designed to assist in the unending challenge of workplace violence. These programs include the following:

● Alliance Program: As part of the Alliance Program, OSHA works with organizations such as trade associations and unions for the purpose of creating and delivering programs and services to help employers execute the violence prevention policies.

● Safety and Health Achievement Recognition Program (SHARP): Under the SHARP program initiated by OSHA, small companies that implement beta change workplace safety programs, including the programs preventing workplace violence, are awarded.

● Voluntary Protection Programs (VPP): Employers who seek to exceed OSHA requirements and achieve the highest level of safety in their organization through implementation of safety and health programs including those that exclude violence at the workplace are given VPP.

● National Emphasis Program (NEP): NEP is not aimed at the prevention of acts of violence within the workplace, however, OSHA’s NEP seeks to identify and target industries that have high levels of injury and illnesses therefore promoting the initiative for change for the better in safety which can also reduce violence.

Moving Forward: A Call for Stronger Standards

Because the situation pertaining to violence in the workplace is becoming hotter, there seems to be increasing calls within the OSHA for the development of a standard that seeks to deal with workplace violence. Industry representatives and labor unions have defended the law and demanded regulating initiatives that are stronger than what is contained in the General Duty Clause. A specific standard would make it easier for employers to understand what is expected of them and enhance OSHA’s regulatory powers.

Conclusion

OSHA plays a pivotal role in protecting employees from workplace hazards, and as workplace violence increases, the agency’s involvement has become even more critical. While OSHA’s current guidelines and enforcement efforts provide a framework for addressing workplace violence, there is a pressing need for stronger, more targeted regulations to safeguard employees in today’s increasingly volatile work environment. Employers must take proactive steps to align with OSHA’s recommendations, prioritize employee safety, and implement robust violence prevention programs to reduce risks and create a safer workplace for all.