Workplace Violence Prevention Program Development and Consultation

  • 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
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Overview

Clear Law Institute'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.
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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
    • 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
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Clear Law Compliance Advisory Team

Michael Johnson, J.D. 

CEO

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.

Matthew Love, J.D.

Director of Compliance Services

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.

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.

Brian Rothenberg, J.D.

Senior Compliance Advisor

Brian Rothenberg, Senior Compliance Advisor, 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.

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.

Teresa Harvey Rollins, J.D.

Senior Compliance Advisor

Teresa Harvey Rollins, Senior Compliance Advisor, has nearly 20 years of experience representing Fortune 500 companies and other employers on a broad range of employment matters, including discrimination and harassment prevention. Tes previously practiced law as Counsel at Dickstein Shapiro and was CEO of PolicyPartner LLC, an employment compliance service provider. She is a graduate of Angelo State University and Southern Methodist University’s Dedman School of Law.

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Workplace Violence Prevention Program Development

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