On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has engaged in or threatened potential workplace violence. The law will become effective on July 1, 2023.
Employers Have a Legal Duty to Provide a Safe Workplace
As an initial matter, the federal Occupational Safety and Health Act and Utah’s Occupational Safety and Health Act require covered employers to provide a safe workplace, free from recognized hazards that cause or are likely to cause death or serious physical harm to employees. According to the Occupational Safety and Health Administration (OSHA), the federal agency charged with enforcing the federal law, this includes taking reasonable steps to prevent or abate a recognized violence hazard in the workplace. OSHA has defined workplace violence as any act or threat of physical violence, harassment, intimidation, or other threatening or disruptive behavior that occurs at a work site. This includes verbal threats as well as physical acts and can involve employees, customers, vendors, and visitors.
HB 324 does not modify the employer’s duty to provide a safe workplace, but rather provides another tool for employers to address this major concern for employers and employees.
What Constitutes Workplace Violence Under the New Law?
Under the new statute, workplace violence is defined as “knowingly causing...
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