Fresh off this year’s Valentine’s Day deadline, employers with California workers have a new round of imminent compliance dates that require prompt attention.
May 8, 2024: Updated Pay Data Reporting Deadline
Our prior alert here generally addresses SB1162 and the new updates for 2024. As a reminder, these reporting obligations apply to any employer with 100 or more workers that includes at least one worker in California, including remote workers. Thus, the law’s coverage is a bit broader than it may appear at first glance. Separate but similar reporting obligations apply to certain labor contractors, resulting in compliance obligations for covered contractors themselves and the companies that employ them.
July 1, 2024: Workplace Violence Prevention Program Implementation Deadline
As a reminder of our January housekeeping update, California will begin enforcing its new Workplace Violence Prevention Program law on July 1, 2024.
- New Guidance and Model Plan
California’s Division of Occupational Safety and Health (“Cal/OSHA”) released a worker fact sheet, employer fact sheet, general industry guidance page, resource page, and a model plan for employers to review and implement by the July 1 deadline. These resources also include important FAQs and clarifications on exceptions to the law and other definitions, including how to properly determine whether an incident qualifies as “Types 1-4” for workplace violence.
Cal/OSHA does not require employers to use its model plan, so employers have the option to modify it to ensure it is effective. Note that these resources are for general industry/non-healthcare settings. Separate resources are available for employees and employers in agricultural settings, while different regulations apply to healthcare settings, for which Cal/OSHA includes a detailed set of resources on the second list here. Consider reviewing the plan with a qualified labor and employment attorney for further guidance.
- Other Basics
a. Exclusions
The law does not apply to any employee teleworking from a location of that employee’s choice that is not under the control of the employer; certain healthcare, correction, and rehabilitation settings; and places of employment where there are fewer than ten (10) employees working at that location at any given time and that are not accessible to the public.
b. General Requirements
While the model policy is a helpful template, employers should still ensure that their policy effectively covers the listed categories as they relate to their specific workforce and workplace. Organizations must fulfill the following, which normally requires a second level of management training:
- Identifying who is responsible for implementing the plan
- Involving employees and their representatives
- Accepting and responding to reports of workplace violence and prohibiting employee retaliation
- Communicating with employees regarding workplace violence matters
- Responding to actual and potential emergencies
- Developing and providing effective training
- Identifying, evaluating, and correcting workplace violence hazards
- Performing post incident response and investigations
c. Training
Employers must adhere closely to Cal/OSHA’s required checklists on the links listed above when formatting employee trainings. Because these advisories are relatively new and the law is subject to further notice and comment, employers should regularly check for updates to those requirements on the same web locations or with qualified outside counsel.
The July 1, 2024 date is also the deadline for employers to complete employee workplace violence trainings. This is also an opportune time for California employers to ensure their required sexual harassment and anti-bullying trainings are up to date and compliant.
d. Recordkeeping
Recordkeeping is central to compliance. As we saw during the COVID-19 pandemic, Cal/OSHA is diligent about recordkeeping enforcement when it comes to workplace hazards. Guidance materials linked above provide a detailed list of recordkeeping requirements and resources, including the required reporting form and Cal/OSHA’s general recordkeeping guidance.
- Brush up those IIPPs
The state will also scrutinize whether California employers have and continue to implement compliant injury and illness prevention plans, or “IIPPs.” Cal/OSHA previously released updated model IIPP resources that employers should review and incorporate into their existing plan, while ensuring that they are similarly compliant on all other recordkeeping obligations. Like the model plans for workplace violence listed above, the model ITPP is only the first step, as any compliant IIPP needs to address workplace hazards specific to each employer. Finally, compliance with Cal/OSHA mandates employers’ continued compliance with these rules’ notice, training, and recordkeeping requirements.
