News Alert: Workplace Violence Prevention Plan Requirements
By: Roger M. Mason, Esq., Rachael E. Brown, Esq., Caitlin E. Kaufman, Esq.
SB 553 adds section 6401.9 to the California Labor Code and requires almost all employers to implement a workplace violence prevention plan (“WVPP”) by July 1, 2024. The new section will be implemented and enforced by Cal/OSHA.
WVPPs will be structured similar to injury & illness prevention plans ("IIPP") and will require an employer to (1) designate the person responsible for implementing the program, (2) identify and correct hazards through periodic inspections, (3) train employees on hazards, and (4) maintain records of incidents.
Unlike an IIPP, covered employers must “obtain the active involvement of employees” and any unions “in developing and implementing the plan, [and], in designing and implementing training.” Employers may incorporate the WVPP into an existing IIPP.
Required Information.
The WVPP must be in writing, be available to employees, and include the following:
• Names or job titles of the persons responsible for implementing the plan;
• Methods the employer will use to implement the plan, including how to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan;
• Methods the employer will use to coordinate implementation of the plan with other employers, when applicable;
• Procedures to ensure that all employees comply with the plan;
• Procedures to communicate with employees regarding workplace violence matters, including how employees can report, how their concerns will be investigated, and how they will be informed of the results of the investigation and corrective action taken;
• Procedures prohibiting retaliation against the employee who report an incident;
• Procedures to respond to actual or potential workplace violence emergencies, including alerting employees to emergencies, evacuation or sheltering plans, and how to obtain help from staff assigned to respond to emergencies;
• Procedures to identify and evaluate workplace violence hazards, including scheduled inspections to identify unsafe conditions and practices;
• Procedures to investigate and correct past incidents.
Training.
The law requires employers to train employees on numerous topics, including the law’s definitions and requirements, the WVPP itself, the documentation required under the plan, how to report incidents and concerns, and ways employees can participate in the WVPP’s development and implementation.
Record Keeping Requirements.
The law also requires employers to maintain various records, including a separate violent incident log, records of the employees’ training, and records of workplace violence investigations. Under the new law, employee concerns of workplace violence must be investigated as part of the employer’s responsibility to identify and correct workplace hazards, and then the results of the investigation must be communicated to the employee. Employers also have a duty to conduct an investigation after incidents of workplace violence.
Please contact us with any questions about Workplace Violence Prevention Plans.
For more information about any of these employment legal updates, please contact our employment team at 408-356-3000 or via email: Roger Mason at rmason@smllp.com, Rachael Brown at reb@smllp.com, or Caitlin Kaufman at ckaufman@smllp.com.