The deadline is fast approaching for California employers to comply with a new state law on workplace violence. Employers by July 1, 2024, must have in place a workplace violence prevention plan, or WVPP, that covers a long list of elements, and provide corresponding training. This is to comply with Senate Bill 533, signed into law last year by Governor Gavin Newsom. California’s Occupational Safety and Health Administration (Cal-OSHA) is charged with the enforcement of this new law and can issue citations and civil penalties for noncompliance.
Fortunately, Cal-OSHA has released a model workplace violence prevention plan for non-healthcare settings that can serve as a guide. However, it is recommended that employers work with outside counsel to ensure compliance and to tailor the plan to each employer’s unique workplace.
The Plan’s Necessary Components
The WVPP must include several mechanisms related to workplace safety including:
- Identifying the name/job title of the individual responsible for the plan (the WVPP administrator);
- Describing how employees will be trained in, and actively participate in the plan, and how employees will understand their role(s) in implementing the plan;
- Providing details regarding ongoing employee communication about workplace violence including how an employee can report concerns without fear of retaliation;
- Describing procedures to respond to actual or potential workplace violence emergencies;
- Describing procedures to identify and evaluate workplace violence hazards and how to timely correct workplace violence hazards;
- Describing procedures to ensure compliance with the plan such as recognizing those who exhibit safe work practices and imposing disciplinary actions when necessary; and
- Describing procedures for postincident response and investigation.
The WVPP must be made available in writing and easily accessible to all employees, and it must be reviewed and revised at least: (i) annually, (ii) any time a deficiency is observed, reported, or otherwise becomes apparent, and (iii) after a workplace violence incident occurs.
Interactive Employee Training Requirements
Training must also outline how employees can be involved in and participate in the development of the WVPP and make changes to it. In this way, the WVPP requires comprehensive employee training that must be interactive in nature, and permit employees the opportunity to ask questions and provide input, feedback, and suggestions about the plan.
The training material must use appropriate content and vocabulary for the educational level, literacy, and language of employees, and must include: (i) The elements of the WVPP, how to obtain a copy of the plan at no cost, and how to participate in development and implementation of the plan, along with SB 553’s general definitions and requirements; (ii) Information on how employees can report incidents or concerns to the employer or law enforcement without fear of reprisal; (iii) The elements of the violence incident log; and (iv) The unique hazards to each workplace location and job roles, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
Maintaining Adequate Records and a Violence Incident Log
Employers are also tasked with maintaining a detailed violence log for every workplace violence incident to include the following information: (i) The date, time, location, and detailed description of the incident (including the circumstances under which the incident took place); (i) A classification of who committed the violence, (iii) The consequences of the incident, including, but not limited to, actions taken to protect employees from a continuing threat or any other hazards identified as a result of the incident; and (iv) Information about the person who completed the log entry. Employers have a duty to communicate the results of the investigation with the employee involved in reporting the concern.
Violence incident logs and other hazard identification records must be reviewed and maintained for a minimum of 5 years. These records must be produced to Cal/OSHA upon request. Employees are also entitled to view and copy the log within 15 calendar days of a request.
Employers are also required to maintain training records for a minimum of one year.
Employer Guidance on Next Steps
Due to the worksite-specific nature of the WVPP requirements, employers should start drafting the plan with outside counsel well in advance of July 1, and prepare the corresponding training that also must be completed by July 1. Cal/OSHA’s model workplace violence prevention plan provides a comprehensive starting point. This model WVPP (for non-healthcare settings) can be found on the Department of Industrial Relations Cal-OSHA Workplace Violence Prevention Guidance and Resources page.
Employers must carefully customize the template to address their specific workplace needs and actively engage employees in the process. This involves completing worksite-specific information, ensuring the WVPP’s accessibility, and coordinating with employees in the development and implementation of the plan. California employers may use the Cal/OSHA model plan linked above, but are not required to, and instead may develop their own plan.
