Compliant with All Federal and State Laws and Regulations
Clear Law 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.
Clear Law closely monitors legal developments at the federal and state level to ensure compliance with new laws and regulations. For example, in 2022, Clear Law in 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
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
Required logs of work-related injuries and illnesses from the past five years (OSHA Form 300)
Worker's Compensation 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
Michael Johnson, CEO of Clear Law Institute, 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.
VP of Compliance Services
Elissa Rossi, VP 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.
VP of Compliance Training
Brian Rothenberg, VP 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 Clear Law Institute. 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.
Katherine Schweit, J.D.
Senior Compliance Advisor
Katherine Schweit is an attorney, law school professor, and former FBI special agent. At the FBI, Katherine authored the FBI’s seminal research, A Study of 160 Active Shooter Incidents in the United States. Katherine was also part of the FBI crisis team that responded to active shooter incidents, including the shootings at the Holocaust Memorial Museum, the Pentagon, and the Washington, D.C. Navy Yard. In the private sector, Katherine has served as Director of Global Security Policy and Training for Live Nation Entertainment. Katherine is the author of the 2021 book, Stop the Killing: How to End the Mass Shooting Crisis. She is a graduate of Michigan State University and DePaul University College of Law.
Matthew Love, J.D.
Matthew Love, Director of Compliance Services, has advised Fortune 500 companies and startups on a broad range of global employment law, HR, and compliance matters, both in the U.S. and internationally. Matthew has previously served as in-house general counsel and as a foreign legal consultant while living abroad in Hong Kong and Tokyo. He is a graduate of the University of Mississippi, and he received his J.D. from the University of Mississippi School of Law.
Lea Bell, J.D.
Lea Bell, VP of Compliance Services, is an attorney with extensive experience in employment law, labor law, mediation, and compliance matters. She has worked in leadership roles at Amazon on the Employee Relations and Compliance teams. Lea has led more than 500 workplace and compliance investigations and built and deployed centralized investigations functions and trainings. Lea is a graduate of the University of Washington and Columbia Law School, and she holds a Certificate in Labor Relations from Cornell University.
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