Effective July 1, 2024, the vast majority of California employers must establish, implement, and maintain a Workplace Violence Prevention Plan (“WVPP”). Just as important, this law (SB 553, which created Labor Code section 6401.9) requires employers to train employees on how to follow the plan. Although it’s likely that Cal-OSHA will not begin serious enforcement efforts until next year, employers should act now to create their WVPP and train employees. This article gives you information and resources to help you accomplish those actions.
Resources
Labor Code section 6401.9 – The best starting point is the statute itself. Google “labor code 6041.9 leginfo law” or go here:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=6401.9.
Cal-OSHA – The agency has created webpages with really good information: https://www.dir.ca.gov/dosh/Workplace-Violence.html. From that page, you can navigate to other helpful pages, including the new Frequently Asked Questions.
Requirements
The Prevention Plan
Among other things, the WVPP must include:
- The name and/or job title of the person responsible for implementing the program.
- Procedures for the employer to receive and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
- Information about how an employee can report a violent incident, threat, or other concern to the employer or law enforcement without fear of reprisal.
- Methods to alert employees of the presence, location, and nature of workplace violence emergencies.
- Evacuation or sheltering plans that are appropriate and feasible for the worksite.
- Information about how employee concerns will be investigated and how employees will be informed of the results of the investigation.
- Procedures to obtain the active involvement of employees in developing and implementing the violence prevention plan.
- Procedures to review the effectiveness of the violence prevention plan and revise it as needed.
The new law requires employers to implement workplace violence prevention plans specific to each work area and operation, meaning that a company with different types of worksites or operations may need to have different procedures specific to those different worksites.
Incident/Threat Log
Beginning on July 1, employers must keep a log of each report of violence or threats and what the employer did in response to the report. The log must be maintained for at least five years and presented to Cal-OSHA upon request. Employers can be fined if they don’t keep the log properly.
Employee Training
It is important to ensure that employees understand what workplace violence encompasses, including the four types of workplace violence identified in the new law — criminal intent, customer/client, worker-on-worker, and personal relationship.
Employees should be aware not only of what types of workplace threats and violence should be reported and how to report that information, but what happens after they make such a report.
The training must cover how employees should respond, including instructions on evacuation or sheltering, and how to seek help from the employer’s security team or from law enforcement.
Training topics include:
- The statute’s definition of workplace violence.
- The employer’s plan.
- The workplace violence hazards specific to the employees’ jobs.
- How employees can protect themselves in the event of a workplace violence incident.
- The law’s requirement that employees may request to review or copy the employer’s records relating to the workplace violence prevention plan, including the violent incident log that the statute requires.
Employers should be sure not to overlook the importance of training their managers on how to support and assist employees who report incidents or threats and otherwise have questions about the WVPP.
Model Prevention Plan
Among the Cal-OSHA resources is a link to a model WVPP (Word document), which also has a sample Violent Incident Log.
Next Steps
- Read the statute and the Cal-OSHA webpages.
- Identify one or more persons at your company to spearhead the development of the WVPP.
- Use the model plan to begin creating a WVPP for your organization.
- Arrange for training your employees. Your best options are to use an employee who is well educated about the law and topic or engage an outside subject-matter expert to present the training.
Do not hesitate to reach out to me, or another employment law attorney, for assistance.
David is Of Counsel with Fuller Law Group P.C. in San Diego, a small firm that provides big help to small and mid-sized businesses. He counsels employers on a wide variety of matters, including wage-and-hour issues, disability accommodation protocols, medical leave issues, terminations, workplace investigations, employment agreements, severance agreements, COVID-19 issues, and independent contractor issues. David also provides strong advocacy and objective advice in responding to settlement demand letters and defending employers and managers against all kinds of litigation and administrative complaints. In partnering with a business, he explains the reasoning for his advice, always looking to help the client achieve its business goals while minimizing legal risk.
