NCIER®

Legal Considerations

28 claims on pp. 38–97 (fact 5, statement 20, evidence 1, conjecture 1, definition 1).

Claims about Legal Considerations

Conjecture [I] p038-04

Partner agencies' rules may prevent them from freely sharing information

Each agency often has policies, rules, regulations, and laws that may keep it from freely sharing information, which can explain apparent non-responsiveness.

which may preclude them from freely sharing information.

p. 38 · NCIER Claim Map

Why inferred Hedged with 'may preclude'; an explanation offered for apparent non-cooperation.

Report page 38 with the cited passage highlighted
Source page 38 · click to enlarge · all claims on this page
Statement [V] p038-05

Formalize partnership agreements such as MOUs

Written partnership agreements that describe activities and information sharing can help resolve challenges and uncertainty. Some organizations use a memorandum of understanding (MOU).

Clearly describing the activities and parameters of partnering agencies, including when, how, and what information is shared between the agency and the organization, can help resolve challenges and uncertainty during collaboration.

p. 38 · NCIER Claim Map
Report page 38 with the cited passage highlighted
Source page 38 · click to enlarge · all claims on this page
Fact [V] p040-07

Some states require certain employers to adopt workplace violence plans

Some states have enacted legislation that requires certain employers to develop policies or plans to prevent workplace violence.

Some states have enacted legislation that requires certain employers to develop policies or plans to prevent workplace violence.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Statement [V] p040-08

BTAM policies can build on legislative mandates to promote safety

While these laws do not explicitly require BTAM policies, such policies can build upon legislative mandates and further promote workplace safety.

While not explicitly required by these laws, workplace BTAM policies can build upon these legislative mandates and further promote workplace safety.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Fact [V] p040-09

California S.B. 553 passed September 30, 2023, requiring written plans

On September 30, 2023, California passed S.B. 553, which requires most California employers to create and maintain a written workplace violence prevention plan. (Source: endnote 7.)

on September 30, 2023, California passed Senate Bill (S.B.) 553, which requires most California employers to create and maintain a written workplace violence prevention plan.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Fact [V] p040-10

California plan must be specific to each work area and employers must keep an incident log

The plan must be specific to the hazards and complexities of each work area, and employers are required to maintain a workplace violence incident log. (Source: endnote 7.)

The plan must be specific to the hazards and complexities of each work area, and employers are required to maintain a workplace violence incident log.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Fact [V] p040-11

S.B. 553 sets documentation, training, and plan-accessibility standards

The legislation sets standards for documentation, record-keeping, and employee training. It also mandates that the violence prevention plan be written and easily available to employees. (Source: endnote 7.)

This legislation also sets standards for documentation, record-keeping, and employee training, and it mandates the violence prevention plan be written and easily available to employees.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Fact [V] p040-12

Many other states have worked to expand workplace violence laws since S.B. 553

Since the passage of California's S.B. 553, many other states have actively worked to establish or expand their workplace violence legislative requirements.

Since the passage of California's S.B. 553, many other states have actively worked to establish or expand their workplace violence legislative requirements.

p. 40 · NCIER Claim Map
Report page 40 with the cited passage highlighted
Source page 40 · click to enlarge · all claims on this page
Statement [V] p042-05

Policy should set internal and external information-sharing provisions

The policy should establish provisions for sharing information internally and externally, and describe any public safety exceptions that apply.

Establish provisions for sharing information internally (i.e., between personnel, departments, and divisions) and externally (i.e., with outside partners).

p. 42 · NCIER Claim Map
Report page 42 with the cited passage highlighted
Source page 42 · click to enlarge · all claims on this page
Statement [V] p042-15

Policy should describe public safety exceptions that facilitate or require sharing

When applicable, the policy should describe public safety exceptions that either facilitate or require information sharing.

When applicable, public safety exceptions that either facilitate or require information sharing should be described.

p. 42 · NCIER Claim Map
Report page 42 with the cited passage highlighted
Source page 42 · click to enlarge · all claims on this page
Statement [V] p045-09

Legal personnel advise on compliance with federal, state, and local law

Legal personnel can advise the BTAM team on compliance with applicable federal, state, and local laws, including privacy, employee rights, and how to properly handle and store documents.

Legal personnel can provide guidance and advice to the BTAM team to ensure compliance with federal, state, and local laws

p. 45 · NCIER Claim Map
Report page 45 with the cited passage highlighted
Source page 45 · click to enlarge · all claims on this page
Statement [V] p046-14

Labor relations can advise on union contracts and support employee due process

Labor relations representatives also offer guidance on contracts between unionized employees and the organization, and support employee due process.

They also offer guidance on contracts between unionized employees and the organization, and support employee due process.

p. 46 · NCIER Claim Map
Report page 46 with the cited passage highlighted
Source page 46 · click to enlarge · all claims on this page
Statement [V] p048-10

Team members should know municipal, state, and federal law

BTAM team members should be aware of municipal, state, and federal laws, rules, and regulations that apply to their work.

BTAM team members should also be aware of municipal, state, and federal laws, rules, and regulations that apply to their work.

p. 48 · NCIER Claim Map
Report page 48 with the cited passage highlighted
Source page 48 · click to enlarge · all claims on this page
Evidence [I] p063-12

Figure 10: Legal is an internal system

Figure 10 shows Legal as an internal system (orange circle) surrounding the individual of concern.

Legal (orange)

p. 63 · NCIER Claim Map

Why inferred figure description: the label is printed in the Figure 10 graphic; the colour and the internal/external grouping are read from the figure legend, not from running text

Report page 63 with the cited passage highlighted
Source page 63 · click to enlarge · all claims on this page
Statement [V] p065-05

Legal staff can supply harassment claims, restraining orders and violence records

Legal personnel may offer records of legal filings or complaints, such as harassment claims, restraining orders, and prior violent incidents, and legal rights or protections.

Legal personnel may offer records of legal filings or complaints—such as claims of harassment, restraining orders, and prior violent incidents

p. 65 · NCIER Claim Map
Report page 65 with the cited passage highlighted
Source page 65 · click to enlarge · all claims on this page
Statement [V] p066-04

Law enforcement has authority and training to engage outside individuals safely

Law enforcement agencies possess the legal authority, training, and operational protocols needed to safely engage with individuals outside the organization, ensuring that privacy rights are protected and that investigative activity does not escalate the situation or expose the workplace to liability.

Law enforcement agencies possess the legal authority, training, and operational protocols needed to safely engage with individuals outside the organization

p. 66 · NCIER Claim Map
Report page 66 with the cited passage highlighted
Source page 66 · click to enlarge · all claims on this page
Statement [V] p066-06

Court records alone do not indicate a threat but can help in context

While court records alone do not indicate a threat, when reviewed in context with other stressors or criminal behaviors they can help BTAM teams identify a history of aggression, violence, or signs of instability or distress.

when reviewed in context with other stressors or criminal behaviors present in the individual's background

p. 66 · NCIER Claim Map
Report page 66 with the cited passage highlighted
Source page 66 · click to enlarge · all claims on this page
Statement [V] p078-02

Specific strategies depend on organization, resources, law, and situation

Specific strategies depend on the organization, its resources, applicable federal and state laws, and the characteristics of the situation and individual.

Specific strategies will depend on the organization, resources, applicable federal and state laws, and the characteristics of the situation and the individual of concern.

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Statement [V] p078-03

Examples: schedule changes, facility access limits, law enforcement, firearm limits

Examples include changing an employee's schedule when staff conflict, restricting an individual's facility access, engaging local law enforcement for support, and limiting access to firearms when permitted by law and consistent with constitutional protections.

Some strategies for creating a situation less prone to violence include changing an employee's schedule when there are conflicts among staff

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Definition [V] p078-04

ERPOs are civil court orders restricting firearm purchase by at-risk persons

Extreme Risk Protection Orders (ERPOs) are civil court orders used to temporarily restrict a person's access or ability to purchase firearms if they pose a risk of harm to themselves or others.

ERPOs are civil court orders used to temporarily restrict a person's access or ability to purchase firearms if the person poses a risk of harm to themselves or others.

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Statement [V] p078-05

ERPO (red flag) laws exist in over 20 states, D.C., and the U.S. Virgin Islands (as of 2026)

As of 2026, over 20 states, the District of Columbia, and the U.S. Virgin Islands have ERPO laws, also called red flag laws.

over 20 states, the District of Columbia, and the U.S. Virgin Islands have ERPO laws (also called "red flag" laws)

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Statement [V] p078-06

Eligible ERPO petitioners include law enforcement, family, partners, clinicians

Eligible petitioners for an ERPO may include law enforcement, family members, romantic partners, and clinicians, depending on state law.

Eligible petitioners for an ERPO may include law enforcement, family members, romantic partners, and clinicians.

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Statement [V] p078-08

California, Hawai'i, and U.S. Virgin Islands let employers petition for ERPOs

California, Hawai'i, and the U.S. Virgin Islands have adopted legislation allowing employers or coworkers to petition for an ERPO concerning an employee.

California, Hawai'i, and the U.S. Virgin Islands have adopted legislation to also allow employers or coworkers to petition for an ERPO concerning an employee.

p. 78 · NCIER Claim Map
Report page 78 with the cited passage highlighted
Source page 78 · click to enlarge · all claims on this page
Statement [V] p080-07

Notify relevant personnel in advance of an employee separation

The decision to terminate an employee must be clearly communicated in advance to relevant parties such as security, IT, HR, management, and legal so access can be revoked, work reassigned, and the organization can ensure it is following state and federal guidelines regarding termination.

The decision to terminate an employee must be clearly communicated to relevant parties within the organization (e.g., security, IT, HR, management, legal) in advance

p. 80 · NCIER Claim Map
Report page 80 with the cited passage highlighted
Source page 80 · click to enlarge · all claims on this page
Statement [V] p087-06

Hiring must promote safety while staying fair and lawful

Organizations must use caution to ensure hiring promotes workplace safety while following laws and treating all applicants with fairness, dignity, and respect.

Organizations must use caution to ensure that their hiring practices promote workplace safety while following federal, state, and local laws and simultaneously work to treat all applicants with fairness, dignity, and respect.

p. 87 · NCIER Claim Map
Report page 87 with the cited passage highlighted
Source page 87 · click to enlarge · all claims on this page
Statement [V] p097-07

Endnote 7: California DIR workplace violence prevention guidance

California Department of Industrial Relations. (2024, June). "Workplace violence prevention in general industry (non-health care settings) – Information for employers." Division of Occupational Safety & Health, State of California. www.dir.ca.gov.

Workplace violence prevention in general industry (non-health care settings) – Information for employers.

p. 97 · NCIER Claim Map
Report page 97 with the cited passage highlighted
Source page 97 · click to enlarge · all claims on this page

Top

Find the Perfect Training Class For You