Dealing with Violent Customers Who Refuse to Wear Masks

wearing a mask at work

As many states and municipalities have issued mandatory mask orders for businesses that are open to the public, operators like retailers and restaurants have been thrust into the front lines of reducing the spread of the virus by requiring customers to wear masks when on their premises.

This has led to confrontations that sometimes result in violence — and even in the deaths of some workers.

Due to the volatility of some of these confrontations, the Centers for Disease Control and Prevention has issued a guide for limiting workplace violence associated with COVID-19. The guidance recommends:

  • Offering customers options to minimize their contact with others and promote social distancing. These can include curbside pick-up; personal shoppers; home delivery for groceries, food and other services; and alternative shopping hours.
  • Posting signs that let customers know about policies for wearing masks, social distancing, and the maximum number of people allowed in a business facility.
  • Advertising COVID-19-related policies on your website.
  • Providing employee training on threat recognition, conflict resolution, non-violent response, and on any other relevant topics related to workplace violence response.
  • Putting in place steps to assess and respond to workplace violence. Response will depend on the severity of the violence and on the size and structure of the business. Possible responses may include reporting to a manager or supervisor on-duty, calling security or calling 911.
  • Remaining aware of and supporting employees and customers if a threatening or violent situation occurs.
  • Assigning two workers to work as a team to encourage COVID-19 prevention policies to be followed, if staffing permits.
  • Installing security systems (e.g., panic buttons, cameras, alarms) and training employees on how to use them.
  • Identifying a safe area for employees to go to if they feel they are in danger (e.g., a room that locks from the inside, has a second exit route, and has a phone or silent alarm).

Training on warning signs and response

Employee training on workplace violence typically covers definitions and types of violence, risk factors and warning signs for violence, prevention strategies, and ways to respond to threatening, potentially violent, or violent situations.

Warning signs — As part of training, employees often learn verbal and non-verbal cues that may be warning signs of possible violence. Verbal cues can include speaking loudly or swearing.

Non-verbal cues can include clenched fists, heavy breathing, a fixed stare and pacing. The more cues shown, the greater the risk of violence.

Response — During training, employees also learn how to appropriately respond to potentially violent or violent situations.

Responses range from paying attention to a person and maintaining non-threatening eye contact, to using supportive body language and avoiding threatening gestures, such as finger-pointing or crossed arms.

Consider implementing a “tap-out” system that allows an employee to make a signal for a supervisor or other employee to step in and the at-risk staff member to walk away.

Employee responsibilities guidelines

  1. Attend all employer-provided training on how to recognize, avoid and respond to potentially violent situations.
  2. Report perceived threats or acts of violence to your manager or supervisor, following any existing policies that may be in place.
  3. Remain aware of and support co-workers and customers if a threatening or violent situation occurs.
  4. Do not argue with a customer if they make threats or become violent. If needed, go to a safe area, (ideally, a room that locks from the inside, has a second exit route, and has a phone or silent alarm).
  5. Do not attempt to force anyone who appears upset or violent to follow COVID-19 prevention policies or other polices or practices related to COVID-19 (such as limits on the number of household or food products that can be bought).

Raft of Bills Would Add New COVID-19 Rules for Employers

workplace safety

The California Legislature is working on a number of new measures to protect workers in the state during the COVID-19 pandemic.

The measures take aim at “holes” in the system that may leave employees who contract the coronavirus on the job without workers’ compensation benefits, footing higher utility bills because of working at home and needing sick leave time available to them should they contract the disease.

Gov. Gavin Newsom said he would work closely with legislators to help the measures become law.

Below we look at the legislative moves that have gained the most traction and are supported by the governor.

Workers’ compensation

There are two bills (one in the Assembly and the other in the State Senate) that would make it easier for employees to be paid workers’ compensation if they contract COVID-19 (presumably on the job).

Assemblywoman Lorena Gonzalez (D-San Diego) has introduced AB 196, which would create a presumption that essential workers who contract COVID-19 were infected while on the job and that the employer would not be able to contest the claim.

Meanwhile, Sen. Jerry Hill (D-San Mateo) has introduced SB 1159, which would require workers’ compensation coverage for COVID-19-related illness or death for employees who contract the virus. The infected employee would not have to prove they had contracted the coronavirus on the job, and would require the employer, if contesting the claim, to prove that it hadn’t been.

The law essentially codifies an executive order made by Newsom in May, but it does not cover new worker claims made on or after July 5.

Both bills are a work in progress and may eventually be merged into one. Hill is talking to labor and business groups about his measure, and which industries would be covered and whether the provisions would be retroactive.

Job-protected leave

Assemblyman Ash Kalra (D-San Jose) has introduced AB 3216, which would prohibit employers from refusing a request for up to 12 weeks of job-protected leave so that a worker can care for a child whose school has been forced to close due to a health emergency declared by a local, state or federal authority.

Easing meal and rest break rules

AB 1492 would allow employees more flexibility in when they can take meal and rest breaks when working from home. The measure by Assemblywoman Tasha Boerner Horvath (D-Encinitas) would also require employers to pay staff who skip those breaks for an extra hour of work.

Employers would also be required to pay for additional equipment and a portion of the workers’ internet and utility bills when working from home. This is because it has been reported that many people who have been forced to work from home are seeing higher usage bills.

Reporting workplace outbreaks

AB 685, authored by Eloise Reyes (D-Colton), would require employers to notify their employees, the Division of Occupational Safety and Health, and the State Department of Public Health of any employee exposure to COVID-19. The notification must be made within 24 hours of when “the employer knew of or should have reasonably have known of the workplace outbreak.”

If the employer fails to notify or notify within 24 hours, they can be subjected to a misdemeanor infraction carrying a $10,000 fine.

Train Your Workers in COVID-19 Prevention

coronavirus covid-19

As the COVID-19 virus spreads across the world and the number of cases growing in the U.S., there is a lot of hysteria and misinformation about how to protect yourself from this new virus strain.

More and more people are wearing surgical masks when they go outside, thinking it will protect them, and some people have stopped drinking Corona beer because the virus is a coronavirus. This has left plenty of people not sure what they can do to avoid catching it themselves. There are also obvious concerns about workplaces as the virus spreads some employees may be afraid to come to work.

You should consider talking to your staff about how to protect themselves and consider holding a meeting to go over the main points they should follow. To help, we’ve compiled best practices information from the Centers for Disease Control and the World Health Organization to provide you with unfiltered advice so you can protect yourself and your family:

What should I do to protect myself and others?

The most common way for this disease to spread is from a person touching a surface that has been infected through a sneeze or cough from a carrier. And then the person touches their eye, nose or mouth. That’s all it takes.

  • Be mindful of what you touch all day. If you press elevator or ATM buttons, use a knuckle instead of a fingertip, while on escalators or stairs try to avoid touching the handrail.
  • Avoid touching eyes, nose and mouth and if you have touched something in public, do not touch your face at any time until you have a chance to wash your hands or use hand sanitizer.
  • When washing, wet your hands with clean water, lather soap on every surface, scrub your hands together for at least 20 seconds, and rinse before drying. Just how long is 20 seconds? Humming the “Happy Birthday” song from beginning to end twice.
  • Clean “high-touch” surfaces (like doorknobs and counters) in your home every day with a solution or half rubbing alcohol and half water.
  • Clean your mobile phone daily. Most people are touching their phones hundreds of times a day, making it ripe for harboring the coronavirus.
  • Stay away from people you know you are sick and stay away from someone who is coughing or sneezing near you.
  • Stay home when you are sick.
  • If you cough, cover your mouth and nose with a tissue, then throw the tissue in the trash. If none is available, sneeze into your arm or cover it with your hands. Wash your hands as soon as possible after a sneeze.
  • Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe. 

Should I wear a mask to protect myself?

Health experts recommend against using a mask. Most people have been using simple surgical masks which do nothing to protect the wearer from airborne viruses expelled through an infected person’s coughs and sneezes. These types of masks are more designed to keep the wearer from spreading whatever they have.

There is one type of mask that is more suitable for protection: The N95 mask, which is named so because it can filter out 95% of airborne particles, but even these are not foolproof and must often be fitted properly to provide the desired protection. The CDC does not recommend wearing an N95 mask if you have not been trained in how to wear it.

Stockpile stuff for your home

Experts suggest stocking at least a 30-day supply of any needed prescriptions, and you should consider doing the same for household items like food staples, laundry detergent, and diapers, if you have small children.

Remember, alcohol is a good disinfectant for coronaviruses so make sure to keep surfaces in your home clean.

What if you get sick?

The WHO recommends that if you feel sick, you should stay home. If you have a fever, cough and difficulty breathing, seek medical attention and call in advance to let them know your symptoms and that you are coming. Follow the directions of your local health authority.

New Rules Require Employers to Provide IIPP upon Request

work safety IIPP

New Cal/OSHA regulations will require employers to provide access to their injury and illness prevention programs upon request.

Under the new rule, which is expected to take effect in April, employers will be required to provide a copy of their IIPP within five days upon an employee’s or an employee’s representative’s (a lawyer’s) request. The employer can provide it in electronic or printed form.

That said, the new rule excludes requests for records of the steps the employer has taken to implement and maintain the IIPP. This was excluded at the behest of employers who raised concerns that allowing such requests would give attorneys a green light to file requests in hopes of discovering errors or “improprieties.”

Despite the current absence of a rule, many employers already provide employees access to the IIPP through the availability of printed and/or electronic copies.

“For employers that do not currently provide such access, they will need to ensure that employees can access a free copy of the IIPP directly or through a designated representative upon request,” Cal/OSHA’s board staff wrote in the “Final Statement of Reasons” for the rulemaking package. “As such, providing access need not be a complex procedure requiring costly development.”

Employer groups had lobbied for a 10-day window for providing the IIPP, while labor groups wanted a faster timeline of just 48 hours. The board compromised with the five-day rule.

The rule was needed because the current IIPP standard does not explicitly state that employees should have access to their company’s IIPP.

Current IIPP standard

Every employer in California is required to have an effective IIPP. This basic safety program for your workplace addresses the hazards your employees face at work each day, and it must be in writing.

Cal/OSHA has a guide for creating an IIPP.

But, you should not just create an IIPP because you have to. Going through the process of creating an IIPP ― as well as updating it periodically ― can also help your organization by:

  • Preventing workplace injuries.
  • Reducing your workers’ compensation insurance rates.
  • Helping you to find ways to boost your workflow.
  • Improving the bottom line of your business.

Elements of an effective IIPP

  • The plan is in writing and reflects what you actually do.
  • A point-person, who is in charge of managing the IIPP process.
  • Input from department heads as well as rank and file employees when updating or creating your IIPP.
  • Requiring that everyone follows the rules of the program.
  • A system for reliable, prompt communication between supervisors and line employees on safety.
  • Conducting regular inspections to identify hazards.
  • A framework for investigating accidents and illnesses, to discover the cause and to prevent recurrence.
  • Requiring that hazards are corrected promptly when found.
  • A regimen for training employees on the hazards they may encounter at work.
  • Documentation of training and workplace inspections.

Employer Guide for Dealing with the Coronavirus

coronavirus

As the outbreak of the 2019 novel coronavirus gains momentum and potentially begins to spread in North America, employers will have to start considering what steps they can take to protect their workers while fulfilling their legal obligations.

Employers are in a difficult position because it is likely that the workplace would be a significant source of transmission among people. And if you have employees in occupations that may be of higher risk of contracting the virus, you could be required to take certain measures to comply with OSHA’s General Duty Clause.

On top of that, if you have workers who come down with the virus, you will need to consider how you’re going to deal with sick leave issues. Additionally, workers who are sick or have a family member who is stricken may ask to take time off under the Family Medical Leave Act.

Coronavirus explained

According to the Centers for Disease Control, the virus is transmitted between humans from coughing, sneezing and touching, and it enters through the eyes, nose and mouth.

Symptoms include a runny nose, a cough, a sore throat, and high temperature. After two to 14 days, patients will develop a dry cough and mild breathing difficulty. Victims also can experience body aching, gastrointestinal distress and diarrhea.

Severe symptoms include a temperature of at least 100.4ºF, pneumonia, and kidney failure.

Employer concerns

OSHA — OSHA’s General Duty Clause requires an employer to protect its employees against “recognized hazards” to safety or health which may cause serious injury or death.

According to an analysis by the law firm Seyfarth Shaw: If OSHA can establish that employees at a worksite are reasonably likely to be “exposed” to the virus  (likely workers such as health care providers, emergency responders, transportation workers), OSHA could require the employer to develop a plan with procedures to protects its employees.

Protected activity — If you have an employee who refuses to work if they believe they are at risk of contracting the coronavirus in the workplace due to the actual presence or probability that it is present there, what do you do?

Under OSHA’s whistleblower statutes, the employee’s refusal to work could be construed as “protected activity,” which prohibits employers from taking adverse action against them for their refusal to work.

Family and Medical Leave Act — Under the FMLA, an employee working for an employer with 50 or more workers is eligible for up to 12 weeks of unpaid leave if they have a serious health condition. The same applies if an employee has a family member who has been stricken by coronavirus and they need to care for them.

The virus would likely qualify as a serious health condition under the FMLA, which would warrant unpaid leave.

What to do

Here’s what health and safety experts are recommending you do now:

  • Consider restricting foreign business trips to affected areas for your employees.
  • Perform medical inquiries to the extent legally permitted.
  • Impose potential quarantines for employees who have traveled to affected areas. Ask them to get a fitness-for-duty note from their doctor before returning to work.
  • Educate your staff about how to reduce the chances of them contracting the virus, as well as what to do if they suspect they have caught it.

If you have an employee you suspect has caught the virus, experts recommend that you:

  • Advise them to stay home until symptoms have run their course.
  • Advise them to seek out medical care.
  • Make sure they avoid contact with others.
  • Contact the CDC and local health department immediately.
  • Contact a hazmat company to clean and disinfect the workplace.
  • Grant leaves of absence and work from home options for anyone who has come down with the coronavirus.

If there is a massive outbreak in society, consider whether or not to continue operating. If you plan to continue, put a plan in place. You may want to:

  • Set a plan ahead of time for how to continue operations.
  • Assess your staffing needs in case of a pandemic.
  • Consider alternative work sites or allowing staff to work from home.
  • Stay in touch with vendors and suppliers to see how they are coping.
  • Consider seeking out alternative vendors should yours suddenly be unable to work.

Car Crashes a Leading Cause of High-severity Claims

safe driving

Traffic accidents continue to be one of the leading causes of high-severity workers’ comp claims, according to research.

The National Council on Compensation Insurance found in a study that the cost of workers’ comp claims for accidents involving motor vehicles was 250% more than the average for all workplace accidents.

The study also found large differences between the cost of claims involving large trucks and passenger cars, as well as a reduction in the number of accidents during economic recessions. Besides a threat to other drivers on the road, any injuries your employees suffer while on driving for you on the job will end up being paid for by your workers’ comp policy as well any time missed from work due to the injury.

The study found:

  • While the frequency of truck fatalities is now very similar to the frequency of passenger vehicle fatalities, the frequency of non-fatal injuries is higher for passenger vehicles.
  • Motor vehicle accidents are more likely to result in multiple claims, and claims costs are higher for claims from multiple-claim events.
  • Motor vehicle accident claims are more severe than the average workers’ compensation claim.
  • Vehicle accidents affect a wide range of occupations other than just truckers.
  • Neck injuries are among the top diagnoses.
  • The duration of motor vehicle accident workers’ comp claims is more than a third longer than the average claim.
  • There is a significant amount of subrogation in workers’ comp traffic accident claims, with such claims accounting for more than half of all claims with subrogation.
  • Motor vehicle claims are three times as likely to involve a claimant attorney compared with other claims.
  • Distracted driving continues to be a leading cause of accidents and close calls.

Safe-driving rules for your staff

Encourage your employees to drive safely and abide by the safety rules you establish.

A good set of rules, drawn up by OSHA and which should be in writing for your employees, is:

  • Wear a seat belt at all times – driver and passenger(s).
  • Be well-rested before driving.
  • Avoid taking medications that make you drowsy.
  • Set a realistic goal for the number of miles that you can drive safely each day.
  • Do not use a cell phone while driving, unless you are wearing a hands-free device. Do not send text messages.
  • Avoid distractions, such as adjusting the radio or other controls, eating or drinking.
  • Continually search the roadway to be alert to situations requiring quick action.
  • Stop about every two hours for a break. Get out of the vehicle to stretch, take a walk, and get refreshed.
  • Keep your cool in traffic!
  • Be patient and courteous to other drivers.
  • Do not take other drivers’ actions personally.
  • Reduce your stress by planning your route ahead of time (bring maps and directions), allowing plenty of travel time, and avoiding crowded roadways and busy driving times.

More Firms Being Sued for Discrimination over Medical Marijuana

medical marijuana

More and more companies are being sued for discrimination by job applicants who have legally been prescribed medical marijuana, after they failed pre-employment drug screenings or because of their use of the substance.

The issue of medical marijuana is difficult in terms of the employment picture, especially now that 33 states and the District of Columbia have legalized its use. Of those states, 16 provide workplace protections, either through their own law or case law since their medical marijuana laws were enacted.

To confuse the issue further, marijuana is still illegal under federal statutes, putting employers in a difficult position when they are deciding whether to hire someone who uses it for medicinal purposes.

Courts are increasingly siding with workers and job applicants who are using medical marijuana when they sue employers for discrimination. Most recently, in November 2019, the Court of Common Pleas of Lackawanna Count in Scranton, PA ruled that while the state’s medical marijuana law does not explicitly permit a private right of action by an employee who is allegedly discriminated against because of medical marijuana use, it does so implicitly.

There have been similar rulings in federal and state courts, including in Arizona, Connecticut, Delaware, Massachusetts, New Jersey and Rhode Island. Legal experts say the Pennsylvania case and the others have opened the door for people in other states filing similar actions.

More and more courts have therefore been willing to treat workers who use medical marijuana in the same way as those who have to take other prescription drugs.

Litigation pathways

There are two avenues for litigation for workers who use medical marijuana, if their employers take adverse actions against them:

  • Discrimination — Claiming medical marijuana as a “reasonable accommodation” for someone’s disability under the Americans with Disabilities Act (or a comparable state law), and that the employer should accommodate the worker’s use. Courts have usually drawn the line at using at work to define reasonable accommodation. In other words, it would not be discrimination if an employer bars medical marijuana-using employees from using at work, but it would if they bar them from using during non-working hours.
  • Protection from adverse actions — This could include firing, demotions or similar actions against someone who uses medical marijuana off the clock and does not come to work impaired.

What you can do

Experts recommend that employers make an effort to engage in an interactive process with workers in states where medical marijuana has been legalized.

They recommend engaging any workers who have been prescribed medical marijuana in the interactive process, as prescribed by the ADA. Through this process, the employer can see if they have an underlying disability that requires accommodation.

One of the key considerations for employers is that the reasonable accommodation should affect a worker’s ability to safely perform their job.

If you are in a state whose laws protect medical marijuana users from adverse employment actions, you should review your policies and workplace rules to make sure they are in line with the law.

In addition, since other states have been starting to side with workers in discrimination cases, if you are in a state with legalized medical marijuana, you may want to conduct the same internal review.

If you do conduct drug testing, you should consider which positions you want to test for. Many employers have started only testing for positions that are safety-sensitive, such as those that include operating heavy machinery.

Beware of Parking Lot Hazards at the Holidays

parking hazard

During the busy holiday season, there are many distractions that make parking lots a fairly dangerous place to be.

The combination of early sunset, increased traffic and pedestrians, scam artists, vandals and thieves, and people in a rush, can sometimes be a deadly combination. Just a momentary distraction or lapse in judgment can lead to tragedy.

Parking lot accidents can also turn into a liability for your company or result in an employee being injured and filing a workers’ comp claim.

Fourteen percent of all collisions in the U.S. each year happen in parking lots, and can result in costly insurance claims for vehicle damage. Even worse, it one of your employees strike and injure a visitor, the costs are even higher in terms of both dollars and emotional distress.

Disseminate these basic tips to your employees to help keep everyone safe during the especially busy holiday season:

  • Check your surroundings before you get in your car
  • Backing up is dangerous. Be certain that nothing and no one is behind you before backing out of your parking space
  • Keep your foot off of the gas as you back up, and be ready to break in an instant
  • Look in every direction before pulling into a spot, or backing out of one
  • Don’t text and drive
  • Slow down and pay close attention to speed limits
  • Be careful of pedestrians who may dart in and out between parked cars
  • Park only in areas that are well-lit
  • Keep your car windows closed and your doors locked
  • Watch for cars that may cut diagonally through the parking lot

If you own a building with a parking lot you can also have some liability.

Generally, the owner of the parking lot (whether it is a person, a business, or a property management company) has a reasonable duty to take care that people don’t get hurt on their property. This means that they have to take certain precautions to make that parking lot as safe as possible.

If there are cracks or uneven areas in the pavement, the owner needs to warn people of the danger or repair any hazards that could cause a person to slip and fall. If the parking lot becomes icy, the owner has a responsibility to make it as safe as possible, perhaps by clearing the snow and putting down salt or ice melt.

The takeaway

By training your employees on parking lot and winter driving safety as well as your keeping your parking lot free of hazards you can greatly reduce the chances of an accident and injury happening.

And it goes without saying that you should have commercial general liability (CGL) insurance, which protects you and your business from claims of injury, property damage and negligence related to your business activities.

One of the most essential parts of a CGL policy is premises liability coverage. This portion of your commercial general liability policy offers bodily injury and property damage coverage related to the ownership or maintenance of business premises.

One-third of Workers Are Sleepy, Leading to Safety Issues and More

sleepy worker

More than 35% of workers in the U.S. are not getting enough sleep, a new study has found. That can lead to serious workplace safety issues, especially for occupations that use heavy machinery, people who work in factories or warehouses, construction or as drivers.

Among workers in other occupations it can lead to costly mistakes, friction among staff and poor communications, all of which can have a detrimental effect on your operations.

The study by researchers at Ball State University looked at self-reports of sleep duration among 150,000 adults working in different occupations between 2010 and 2018. Researchers found the prevalence of inadequate sleep, defined as seven hours or less, had increased from 30.9% in 2010 to 35.6% in 2018.

Lead researcher Jagdish Khubchandani, a professor of health science at Ball State University, identified these factors as being behind the increase:

  • Rising stress loads for a variety of reasons, due to pressure at work and at home, and
  • Thanks to the rise of smartphones, people are not unplugging from work and continue checking their phones for work-related messages. Because of this, many people are dealing with work issues up until they go to bed, which can make it more difficult to fall asleep.

Sleep deprivation can have a number of detrimental effects in the workplace, including:

Decreased communication — A worker who is sleepy may not communicate as well as they normally do. This can include mumbling, poor enunciation, slurring, running words together and not speaking in complete thoughts.

Decline in productivity — Workers who don’t get enough sleep are slower at performing their jobs and often make mistakes, which requires them to go back and do things over again.

Increased distraction — Sleep-deprived individuals often have trouble maintaining focus on their tasks, keeping track of events, maintaining interest in outcomes and doing work they consider non-essential.

Impaired driving — Getting behind the wheel after not having enough sleep can be akin to driving under the influence of alcohol. But it’s not only company drivers you have to be concerned about. If you have forklifts, lawnmowers or operators of any type of machinery, there is a greater chance they’ll make a mistake when operating those vehicles or machines if they are sleep-deprived.

More mistakes — A lack of sleep results in a decline in cognitive abilities, which can result in workers making mistakes. These include errors performing tasks or failing to perform tasks. Mistakes especially are likely in subject-paced tasks in which cognitive slowing occurs, and with tasks that are time-sensitive, which cause increases in cognitive errors.

Memory can suffer — Short-term and working memory can decline due to sleep deprivation.

Poor mood — Not enough sleep can make people moody and can result in inappropriate outbursts, impatience, lack of regard for social conventions, inappropriate behavior and irritability — all of which can affect a positive work culture.

Increased risk-taking — Judgment can be affected by not sleeping enough, which can result in risky decision-making, which in turn can result in workplace accidents and injuries.

What you can do

If you suspect you have staff who are not getting enough sleep and that it may be affecting their work performance, you can:

  • Ensure they have a reasonable work schedule. That includes not working them too much and asking them not to take work home with them.
  • Offer more flexibility. You can offer staff the ability to work from home a few times a week or per month.
  • Cut down on e-mails and meetings. Set a company policy for communication and encourage brief, face-to-face meetings and phone calls instead of drawn-out e-mail discussions.
  • Provide employees time to recharge. Offering time to recharge, along with flexibility and a healthier workload, can improve employee restfulness and ease workplace pressures.
  • Don’t require staff to answer work e-mails at home.

Harassment Training Deadline Pushed Back for Some Employers

harassment training

As you should already be aware, any employer with five or more workers is required to conduct sexual harassment prevention training for their staff by the end of 2019 under a California law passed in 2018.

Due to concerns that many employers in the state may not be ready to comply, Gov. Gavin Newsom has now signed a bill into law that extends the compliance deadline for some employers.

Under the new law, SB 778, all employees, both supervisory and non-supervisory, must be trained by Jan. 1, 2021, which extends the deadline by a year.

The original law, SB 1343, required all employers with five or more staff to conduct sexual harassment prevention training to their employees before Jan. 1, 2020 – and every two years after that.

Prior to the law that took effect in 2018, employers with 50 or more employees were required to provide only supervisors with anti-sexual harassment training every two years.

Here are the new rules:

  • If you trained your staff in 2019, you aren’t required to provide refresher training until two years from the time the employee was trained.
  • If you trained your employees in 2018, you can maintain the two-year cycle and still comply with the new January 1, 2021 deadline. For example, if you trained your staff in November 2018, you would not have to train them again until November 2020.
  • If you trained supervisors in 2017 under prior law, known as AB 1825, you should train those employees this year in order to maintain your two-year cycle.

The deadline was not extended for employers of seasonal and temporary employees, who are hired to work for less than six months. Starting Jan. 1, 2020, these employees must be trained within 30 calendar days after their hire date or within 100 hours worked, whichever occurs first.

The rest of the law remains intact:

  • Supervisors must receive two hours of training and non-supervisory employees must receive one hour.
  • Training must take place within six months of hire or promotion, and every two years thereafter.

The reason the new law has been enacted is that employers who trained their employees in 2018 would need to train them again in 2019, resulting in those individuals being trained twice within a two-year period, which went against the spirit of the law.

SB 778 was essentially clean-up legislation to correct that problem by extending the training deadline under SB 1343 from Jan. 1, 2020 to Jan. 1, 2021 for those employers.