As the one-year anniversary of California’s workplace violence prevention law approaches, employers will need to take steps to ensure their continued compliance.
The law requires all California employers with 10 or more staff to have a workplace violence prevention plan and to provide training to employees on the plan by July 1, 2024. It also requires employers to revisit the plan annually and conduct new training.
It’s important that employers comply with the law, as Cal/OSHA is actively enforcing all aspects of it during its standard workplace safety inspections. Noncompliance with SB 553 can result in fines ranging from $18,000 to $25,000 per violation.
Here’s what employers need to focus on:
Updating the plan
Employers should revisit their workplace violence prevention plan annually to make sure it’s up to date.
Under the law, an effective workplace violence prevention plan:
- Identifies who is responsible for implementing and managing the plan. This may need to be updated if a new person is assigned this responsibility.
- Includes details for how to accept and respond to reports of workplace violence. This may need to be changed if there is a new person to report incidents to.
- Prohibits retaliation against employees who report incidents of workplace violence.
- Includes details for communicating with employees regarding workplace violence matters, including how to report a violent incident, threat or other workplace violence concern; effective ways to alert employees to the presence of a workplace violence emergency; and how to obtain help from staff assigned to respond and/or law enforcement (personnel may have changed, so the plan may need updating).
- Lays out instructions for responding to actual and potential emergencies.
- Includes procedures for post-incident response and investigation.
- Requires the employer to provide effective training upon hire and once a year thereafter.
- Requires the employer to identify, evaluate and correct workplace violence hazards. This may need to be updated if a new hazard is identified.
- Requires the employer to post incident response and investigations.
Training
Employers are required to train their employees on the plan and provide training materials that are easy to understand. Training must be conducted upon hire and once a year thereafter.
Training must include:
- Familiarizing employees with the plan and how to participate in developing and implementing it.
- Definitions and requirements of California Labor Code Section 6401.9, which codifies the workplace violence prevention law.
- Information on how to report workplace violence incidents without fear of retaliation.
- Job-specific violence hazards and preventive measures.
- Explaining the purpose of the violent incident log and how to obtain related records.
- The opportunity for employees to ask questions and get more information about your plan.
Record-keeping
Employers are required to keep up-to-date records, including any incidents in the past year. Required records include:
- Workplace violence hazard identification, evaluations and any corrections made, which must be maintained for at least five years.
- Training, which must be kept for one year.
- Violent incidents, which must be kept for at least five years.
- Workplace violence incident investigations, which must be kept for at least five years.
A final word
While we are only one year into the law, it’s important that employers foster open communication and encourage employees to report potential hazards and concerns without fear of retaliation.
Also, regularly check for Cal/OSHA updates and other agencies to ensure you are compliant. If you need assistance, consider partnering with compliance experts to streamline the process.
Tags: Leaders' Choice Insurance, Workplace Violence