As we previously reported, the California Legislature amended several statutes regulating employer workplace safety policies, including existing injury and illness prevention plans, to also include a new, separate requirement for a “Workplace Violence Prevention Plan.” With few exceptions, California employers must have such a plan in place by July 1, 2024.
Cal/OSHA has promulgated an initial set of standards and a model template for such a plan, which can be found here. These standards must be submitted to the Occupational Safety and Health Standards Board (OSHSB) by no later than December 31, 2025, and the board is required to adopt the standards by no later than December 31, 2026. Regardless of the pending adoption of official standards by OSHSB, employers must still meet the July 1, 2024, deadline of establishing a workplace violence prevention plan.
A comprehensive plan is critical and must follow the specific requirements outlined in Labor Code sections 6401.7 and 6401.9. Such requirements include identification of the person or persons responsible for implementing the program and establishing effective procedures to (1) obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan; (2) accept and respond to reports of workplace violence; (3) ensure that supervisory and nonsupervisory employees comply with the plan; (4) communicate with employees regarding workplace violence matters; (5) respond to actual or potential workplace violence emergencies; (6) develop and provide training; (7) correct workplace violence hazards; (8) post incident response and investigation; and (9) review the effectiveness of the plan – among other requirements, such as preparing and maintaining an “violent incident log” for reporting purposes.
As these Workplace Violence Prevention Plans will need to be tailored for each business, office, and worksite, employers should not delay in commencing the drafting of the plan--and seeking the assistance of legal counsel or another knowledgeable professional--in advance of the July 1, 2024, deadline.
