Starting July 1, a new California law requires most employers to implement a Workplace Violence Prevention Program (WVPP). If you haven’t yet familiarized yourself with these new requirements, now is the time to ensure your organization is compliant. The law mandates that employers develop a written Workplace Violence Prevention Plan, train staff on violence-related issues, maintain a violence incident log, and keep detailed records of all training and incidents.
Here’s a four-step plan to help you meet these new obligations.
Quick Background
Although the new law might seem demanding, it’s worth noting that it was revised from a more stringent proposal initially aimed at healthcare settings. The original bill, SB 553, was modified to align with an existing Cal/OSHA proposal, reducing some of the more onerous requirements. After this adjustment, many business groups supported the bill, which was signed into law by Governor Newsom on September 30, 2023.
Despite the revisions, the law imposes significant requirements on nearly all non-healthcare California employers, effective from July 1. Here’s a breakdown of what you need to do to comply.
1. Develop a Workplace Violence Prevention Plan
Your WVPP must be in writing and readily accessible to employees. It should detail:
- Employee Involvement: Procedures for involving employees and their representatives in developing and implementing the plan.
- Incident Reporting: Processes for accepting and responding to workplace violence reports, and protections against retaliation for those who report incidents.
- Compliance: Measures to ensure adherence to the plan by both supervisory and non-supervisory employees.
- Communication: Methods for informing employees about workplace violence issues and reporting procedures.
- Incident Investigation: Steps for investigating reported incidents and communicating findings and corrective actions to employees.
- Emergency Response: Procedures for responding to actual or potential workplace violence emergencies.
Additionally, your plan should outline:
- Training: How training will be developed and delivered.
- Hazard Evaluation: Procedures for identifying and evaluating workplace violence hazards.
- Corrective Actions: Timely correction of identified hazards.
- Post-Incident Response: Processes for handling incidents and reviewing the effectiveness of the plan.
2. Provide Training
Training is required when the plan is first implemented and annually thereafter. The training should cover:
- WVPP Overview: Information on the plan, including access and involvement in its development.
- Reporting Procedures: How to report workplace violence incidents without fear of retaliation.
- Hazard Awareness: Specific hazards related to employees’ duties.
- Corrective Measures: Actions taken to address hazards.
- Seeking Assistance: How to seek help to prevent or respond to violence and avoid harm.
- Incident Log: Information on the violent incident log and how to access it.
Training must include an interactive Q&A session with someone knowledgeable about the WVPP. This training applies to new employees, those with new job assignments, and all employees when new hazards are introduced.
3. Record Violent Incidents
Each workplace violence incident must be logged with:
- Date, Time, and Location: Details of when and where the incident occurred.
- Incident Type: Classification of the violence (e.g., physical force, threat, use of a weapon).
- Offender Classification: Who was involved (e.g., client, co-worker, stranger).
- Circumstances and Location: Context of the incident and where it happened.
- Consequences: Actions taken following the incident, such as involving law enforcement.
Ensure that personal identifying information is excluded from the log.
4. Maintain Records Properly
The law requires retention of:
- Hazard Records: Documentation of identified workplace hazards and corrective actions for at least five years.
- Training Records: Documentation of all training sessions and violent incident logs for a minimum of one year.
Records must be made available to employees and their representatives upon request within 15 calendar days. This includes WVPP training records, violent incident logs, and hazard documentation.
By following these steps, you can ensure compliance with the new law and maintain a safer work environment for your employees.