No Summer Vacation for Employers—Deadline to Complete Workplace Violence Prevention Requirements is July 1

Senate Bill 553, which amends Labor Code section 6401.7 and adds Section 6401.9 requires most California employers to establish and train on a Workplace Violence Prevention Plan no later than July 1, 2024.

Workplace Violence Prevention Plan

The Workplace Violence Protection Plan (WVPP) is a written plan that must be individualized to address individualized and unique workplace violence hazards specific to each workplace and reflect statutorily required information regarding procedures about preventing and responding to workplace violence. “Workplace violence” is defined as “any act of violence or threat that occurs in a place of employment.” This is a broad term, which encompasses a wide array of situations that could involve co-workers, clients, customers, welcomed or unwelcomed visitors, and even animals. For example, if your employees go into customers' homes, protecting from dog bites could be a potential workplace violence issue that warrants special attention in your WVPP.

Because WVPPs need to be individualized to each worksite, employers with multiple worksites must develop WVPPs tailored to each location. The WVPP is a living document that must be reviewed at least annually and revised each time a new workplace violence hazard is observed. It is up to the employer’s discretion whether to include the WVPP as a standalone section within the worksite’s Injury and Illness Prevention Program (IIPP) or maintain the WVPP in its own separate document.

Training

In addition to preparing a written WVPP by July 1, 2024, employers must train their California employees on workplace violence prevention by July 1, 2024.  On a going forward basis, employees must be retrained annually, and new hires must also receive training. Employers are also required to provide additional training to employees who are given a new job assignment and when a new workplace violence hazard is identified. Records of these trainings must be maintained for a minimum of one year.

Recordkeeping Requirements

The law requires employers to conduct and keep records of regular inspections to identify and evaluate workplace violence hazards. Additional record-keeping requirements include maintaining a log of all workplace violence incidents (even those that didn’t result in injury) and incident investigation reports.

Next Steps for Employers

Employers should begin developing their Workplace Violence Prevention Plans, as well as training and other requirements, as soon as possible.

Not sure what your organization’s obligations are under the law? Need help developing your WVPP and training module? Didn’t know you needed an IIPP?  Reach out to our Advice and Counsel team who can help you navigate the new requirements. 

Medina McKelvey

Medina McKelvey’s mission is to make California businesses stronger. We want employers to walk away from any lawsuit, legal challenge, or compliance issue stronger, wiser, and better protected. We want to see your business thrive before, during, and after any legal matter. We are a full-service employment law firm that equips and empowers California businesses with high-impact legal solutions. We are known for being one of the most strategic law firms in California, as well as for our groundbreaking work defending and protecting businesses from wage and hour class and PAGA action lawsuits—the biggest legal risk currently facing California employers.

https://www.medinamckelvey.com
Previous
Previous

Hope on the horizon? A Deal to Modify PAGA Struck

Next
Next

Wage Rx: California Prescribes a Minimum Wage Increase for Healthcare Workers