New Workplace Violence Prevention Requirements: What California Businesses Need to Know
9.3.24
Effective July 1, 2024, California has implemented comprehensive workplace violence prevention requirements under Senate Bill 553, now codified in California Labor Code section 6401.9. These new regulations mandate that most employers in the state develop and maintain a Workplace Violence Prevention Plan (WVPP).
While employers have previously been required to provide a safe working environment for their employees, the implementation of these regulations is the first time employers have been provided with specific standards that they must abide by. These standards will be enforced by the California Division of Occupational Safety and Health (Cal/OSHA).
Labor Code Section 6401.9 defines workplace violence as “any act of violence or threat of violence that occurs in a place of employment,” including an animal attack. The definition does not include lawful acts of self-defense or defense of others.
Below are key steps your business should take to ensure compliance with these requirements:
1. Develop a Workplace Violence Prevention Plan (WVPP):
Employers must create a written WVPP tailored to the specific hazards of their workplace. If the workplace consists of multiple locations with varying hazards, then the plan should be customized to each location’s hazards. This plan must include procedures for identifying and evaluating workplace violence hazards, corrective measures, training, and protocols for reporting and investigating incidents of workplace violence. It is important to involve employees in the development of the plan to ensure it is comprehensive and effective. The written plan needs to identify those responsible for implementing the program. The plan may be incorporated as a stand-alone section in the written Injury and Illness Prevention Program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document.
2. Violent Incident Logs:
Employers must maintain a violent incident log for each incident of workplace violence. The log should include extensive and detailed information regarding the incident, perpetrator, and circumstances without identifying those involved. This information should be obtained through employee interviews, witness statements, and investigation. The log must detail the post-incident response, consequences, and investigation.
3. Training and Education:
Employers are required to provide training to all employees on the WVPP, including how to recognize the signs of potential violence and the proper procedures for reporting incidents. Training must be conducted when the plan is first implemented and annually thereafter. Interactive training that allows for questions and answers is necessary to ensure employees fully understand the protocols. Employees must also be taught how to obtain copies of violence logs and the WVPP.
4. Recordkeeping and Reporting:
Employers must maintain records of all workplace violence incidents, investigations, logs, hazard identification, evaluation, and correction. The employer must also maintain records regarding their workplace violence prevention training. These records should be readily available for review by Cal/OSHA if requested. Further, the WVPP must be accessible to employees. The regulation mandates retention of these records ranging from one to five years.
This article does not include all requirements, for a detailed example of a WVPP you can refer to Cal/OSHA’s model plan and related resources here. Failure to comply with the requirements may result in monetary penalties. If you have any questions or need assistance, contact Kayla Kuhn, article author, or one of the attorneys at Schwartz Semerdjian Cauley Schena & Bush.