Ramped-Up OSHA Probes of Police Reveal Need for Safety Protocols

Federal and state inspections of law enforcement agencies from the Occupational Safety and Health Administration are increasing across the nation, with those involving employers identified as “police” or “sheriff” more than doubling from 2019 to 2025, according to Department of Labor data.

The rise in inspections underscores the importance of maintaining and documenting safety programs and protocols. As these inspections continue to increase, law enforcement agencies can prioritize compliance to protect their employees, avoid costly penalties, and serve as a positive example for others.

Other industries also should take note, as more stringent requirements and enforcement measures may well spread to other high-risk sectors, including health care and retail.

What Inspections Revealed

Law enforcement agencies have unique compliance issues requiring careful review of inspection findings, recent legal changes, and modern case law to enable leaders and officials to proactively develop plans to mitigate, eliminate, and remediate one of the most common scenarios: workplace violence.

Approximately 50% of law enforcement inspections result in citations, our internal data showed. One of the top OSHA citations for this group is for failing to report a serious injury or fatality, which includes workplace violence scenarios.

The top states for law enforcement agency OSHA inspections from 2020 to 2025 were New York, New Jersey, Tennessee, and California, with New York leading the nation by a wide margin. In California, law enforcement agencies were most at risk for citations when they failed to report a serious injury or fatality, suggesting stricter enforcement of workplace safety issues.

Recognizing this need, California is tackling the issue promptly, with laws already in place and more on the way. As history shows, this indicates that other states may soon follow, as legal updates proven successful in California are often used as a model for similar legislation elsewhere.

California’s Legal Landscape

California’s SB 553 created sweeping workplace violence prevention requirements for most employers doing business in the state. It requires employers to develop written workplace violence prevention plans, provide training to employees, maintain logs of violent incidents, and periodically conduct workplace violence hazard assessments.

The 2024 law is an expansion upon OSHA’s General Duty Clause, which applies to all states at the federal level.

However, law enforcement agencies can be exempt from SB 553’s requirements if they comply with both the Peace Officer Standards and Training and Cal/OSHA’s Injury and Illness Prevention Program regulation. This creates a convergence of different legal mandates, which is why agencies need to carefully evaluate whether their existing policies, procedures, and training programs meet these requirements.

Now, Cal/OSHA is developing a general industry workplace violence prevention regulation, which is expected to be passed as soon as this summer, and will provide more detailed requirements for employers.

Illustrating the Risks

A recent California Occupational Safety and Health Appeals Board trial court decision illustrates how OSHA cites and issues penalties against law enforcement agencies.

In that case, Cal/OSHA cited the Los Angeles County Probation Department for a serious accident-related violation for failing to implement an effective injury and illness prevention program, with a total penalty of $18,000.

A juvenile ward became angry when the probation officer shut off the telephones due to the late hour. When the ward was asked to return to his room, he became angry and eventually pushed the probation officer to the ground, breaking his hip. After a six-day trial, the matter was submitted to the administrative law judge on Feb. 20.

The citations alleged that the Probation Department failed to implement its injury and illness prevention program. Yet the judge determined that the employer had established procedures identifying the hazards of a ward assaulting a probation officer, that the officers were trained, and that safety procedures were in place, including radio procedures, restraint rules and processes, crisis management, and de-escalation procedures.

The ALJ concluded that the employer had methods and procedures established to protect employees from assault and that there was no violation. While this decision isn’t precedential, it’s instructive and helpful in understanding the prosecutorial tactics and strategies used by OSHA against law enforcement agencies.

In the most recent example of law enforcement investigations, Cal/OSHA issued citations against the San Francisco Police Department following the death of a recruit during training exercises. Cal/OSHA found that the department failed to identify or evaluate the safety and health risks associated with the arduous physical drills, and that supervisors were inadequately trained. Those citations have been appealed.

Despite the increased scrutiny, this scenario could have been avoided with a few policy and procedural changes, such as supervisor training and documenting the evaluation health risks associated with physical drills.

Key Compliance Points

Under both Federal OSHA (CFR 1904.39) and state plans, employers are required to report workplace serious injuries and fatalities. Law enforcement agencies, despite the risks and dangerous situations faced on a daily basis, must strictly adhere to reporting requirements and ensure that their leaders understand the state’s requirements for timely and full reporting of serious injuries and workplace fatalities.

With increased inspections of these employers, agencies can seek to avoid citations and expensive penalties by ensuring thorough compliance and conformity to their jurisdiction’s OSHA standards.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Karen Tynan is a shareholder at Ogletree Deakins, co-chair of its workplace violence prevention practice group, and chair of its workplace safety and health practice group.

Robert Rodriguez is a shareholder at Ogletree Deakins, co-chair of its workplace violence prevention practice group, and a member of its workplace safety and health practice group.

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