California is set to be the first state to mandate that its employers “establish, implement, and maintain” a workplace violence prevention plan. The California Labor Code states that “workplace violence” may include:
- “The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.”
- “An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.”
Senate Bill No. 553, which was signed into law by Governor Newsom in September 2023, adds Section 6401.9 to the Labor Code, which requires that employers put a workplace violence prevention plan in writing and make it easily accessible to all employees. The plan can be maintained as a separate document or can be incorporated as a stand-alone section in an existing injury and illness prevention program (IIPP).
Additionally, each employer’s plan must be specific to the potential hazards of each worksite if worksites have differing risks. Examples of factors that may increase the risk of workplace violence include working where there are firearms present, working with money or other valuable items, working with the public, working in isolated and/or poorly lit areas, working where alcohol is served, or working in high-stress environments.
Regardless of its specifications, each plan must include:
- The names or roles of the people responsible for implementing the plan.
- Methods for actively involving employees in the creation and implementation of the plan, as well as in the periodic identification, evaluation, and correcting of workplace violence hazards.
- Methods for coordinating implementation of the plan with other employers, such as in the case of a multiemployer worksite.
- Procedures for reporting, investigating, and responding to threats of workplace violence or actual incidents of workplace violence.
- Procedures to prevent retaliation when employees submit reports of workplace violence.
- Policies to provide employee training on the violence prevention plan on an ongoing annual basis, including an opportunity for employees to ask questions regarding the plan.
- Policies to ensure employee compliance with the plan.
- Procedures for responding to an actual workplace violence emergency (e.g., alerting employees, evacuating/sheltering, obtaining help from designated personnel, etc.).
- Procedures for post-incident response and investigation.
- Methods for reviewing and evaluating the effectiveness of the plan annually; when a deficiency is observed or becomes apparent; and after a workplace violence incident.
For a minimum of five years, employers must also keep: a “violent incident log,” i.e., a detailed record of any instance of workplace violence that occurs, including the location of the incident, the “workplace violence type,” and “type of incident” (this record should not include any information that would identify any person involved); records of ensuing workplace violence investigations; and records of hazard identification, evaluation, and correction.
Employers also must provide employees with initial workplace violence training and provide training annually thereafter, adding additional training when a new or previously unrecognized workplace violence hazard has been identified. This training, and any training materials, must be easy to understand and match employees’ education, reading skills, and language. Employers must keep employee training records for a minimum of one year.
This new law applies to all public and private employers with California worksites and California employees, with some limited exceptions. Among those exempt from the requirements are employers with “employees teleworking from a location of the employee’s choice, which is not under the control of the employer” and “places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public.”
The employer compliance date is July 1, 2024. There is no grace period or ramp-up period; therefore, employers need to have their plans created before this date and must have their employees trained on the plan by the July 1 deadline.
This fact sheet and Frequently Asked Questions (FAQ) page issued by the California Division of Occupational Safety and Health (Cal/OSHA) provide detail regarding the new law’s requirements, including what information must be included in the workplace violence prevention plan itself, as well as requirements for violent incident logs, employee training, recordkeeping, and other pertinent information.
If you have questions about your organization’s compliance with this new requirement, please reach out to Ali Fowler and Leslie Goff Sanders.
