OSHA's workplace violence plan: it's not mandatory

Discount Store News, July 27, 1998

The U.S. Occupational Safety and Health Administration's controversial new "Recommendations for Workplace Violence Prevention in Late-Night Retail Establishments" are not binding on retailers, Rep. Cass Ballenger, R-N.C., told Congress. The OSHA recommendations--which include such steps as closing part of the store in the evening, increasing staffing levels during the graveyard shift and encasing store employees in bullet-proof glass--"are not a new standard or regulation and do not create any new OSHA duties" for retailers, Ballenger said.

Moreover, an employer's refusal to adopt the antiviolence recommendations "will not be deemed evidence of a violation of the General Duty Clause" of the OSHA Act, he said, following a review of the plan.