CA Workplace Violence Prevention Sea Change?

Should employers encourage or discourage employees from acting in self-defense, or in defense of others, when faced with workplace violence?

California, in the most recent draft revision to its groundbreaking workplace violence law, has staked out a clear position on this issue. More on that in just a bit.

Years ago, I ran a self-defense program at a martial arts school. Students could learn self-defense without taking the more traditional martial arts programs taught at the school.

I designed the program to help students keep safe from violence in a fraction of the time it took with a traditional martial arts program.

One day a young nurse joined the self-defense class. She had served in the air force, and was now working at a local hospital. She joined my program at the suggestion of the nurse instructor at the hospital, who was also a student in my self-defense program.

There were several other nurses from the same hospital that also trained in my program as well.

After one of the classes, curious about why so many nurses from this one hospital were training with me, I asked the young nurse about the violence prevention training she’d received at the hospital when she started there.

She replied, “call security”. That was the extent of the safety instruction she received. 

Sure, that makes sense if there’s time to do so. But, what did the hospital want her to do if she was attacked by a patient and didn’t have time to call for security? 

She was silent for a long time. Then replied, “we didn’t cover that”.

That didn’t make any sense to me. Attacks happen swiftly. She could be incapacitated by a patient or other attacker in just a few seconds.

Did the hospital at least teach her how to get away from an attacker? “No”, she replied. 

The hospital didn’t provide self-defense or personal safety training to staff because the hospital administration would rather pay a worker’s comp claim for a staff member injured during a workplace violence attack than to be sued by a patient. Even one that initiated a violent incident by attacking hospital staff. 

I had trouble squaring this. 

Over the years, I had worked as an investigator on several lawsuits brought by plaintiff attorneys against the same hospital. I don’t remember them settling any case without a massive fight. Including a case where one of their own employees sexually assaulted multiple patients.

I spent 30 years conducting investigations into violent incidents, from doing that work I learned how violence occurs, and how it can be prevented. And to keep myself safe while working in dangerous locations, I developed effective strategies to avoid physical harm from violence. For over 10 years, I’ve helped employers protect their employees and their bottom line from the harm caused by workplace violence.

I’ve put together a free workplace violence prevention checklist to help you do the same. You can download it here. 

Back to California and its strong position on self-defense, and defense of others, in response to a workplace violence incident.

According to a reference note in the most recent draft revision of its workplace violence prevention law, Cal/OSHA had learned that some employers not only discourage lawful acts of self-defense and defense of others, but even retaliated against employees for physically engaging with a violent attacker.

In response to learning that employers were doing that, California in the draft revision added the wording, “the employer shall not retaliate against an employee involved in a lawful act of self-defense or defense of others.”

According to an explanatory note, California, “added information on lawful self-defense and defense of others above in response to comments from Cal/OSHA Enforcement observing this type of retaliation and it being a problem.”

That’s a clear cut warning to employers. And quite supportive of employees lawfully engaging in self-defense and the defense of others. 

California then went even further, striking language from the draft that would have prevented employers from “requiring or encouraging” employees to confront a person suspected of engaging in workplace violence.

In striking that language, California is conveying that it sees a benefit for employees being able to engage physically with an attacker when their safety and the safety of others depends upon doing so.

California is ahead of the curve here. But, it already was with the workplace violence prevention law that went into effect in July 2024. And now adding its support within that law to employees acting in self-defense or in defense of others makes sense. 

Especially as part of training employees in strategies to avoid physical harm from violence. The majority of workplace violence incidents involve physical assaults that can be defended against by employees with some basic training.

And if the focus is on using self-defense to create an opportunity to exit safely.

According to a study performed by multiple federal agencies, from 2015-2019 physical assaults (hitting, kicking, beating etc.) accounted for 83% of employees treated in the ER for workplace violence injuries.

And that translates to a lot of people being injured from defensible violence.

During that time period, 529,000 people were treated in the emergency room for injuries resulting from workplace violence. That’s an average of over 100,000 per year.

Those victimized by workplace violence suffered from more than just physical injuries. The study found that 15% of those victimized by a workplace assault suffered “severe” emotional distress.

Women, typically smaller in stature than men, were targeted in non-fatal workplace violence, more than twice as much as men.

And it’s not just the employees that suffer from the effects of workplace violence, businesses do too. A single workplace violence incident can increase absenteeism and turnover rates, harm morale and productivity, leading to a drop in revenue for up to six months.

By training employees in effective self-defense along with other strategies to avoid physical harm from workplace violence. Business owners can go along ways towards reducing the harm caused by workplace violence.

California requires employers to have an effective workplace violence prevention program. My free workplace violence prevention checklist can help make sure you’re on the right track. You can download it here.