As a result of SB 553, which we blogged about here, on June 1, 2024 most California employers will be required to establish and implement a comprehensive workplace violence prevention plan that includes several new mandates.
A Written Workplace Violence Plan
That plan must be in writing and must contain the following:
- Names or job titles of the persons responsible for implementing the plan.
- Procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan.
- Procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
- Procedures to ensure that supervisory and nonsupervisory employees comply with the plan/
- Procedures to communicate with employees regarding workplace violence matters.
- Procedures to respond to actual or potential workplace violence emergencies.
- Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices.
- Procedures to correct workplace violence hazards identified during periodic inspections.
- Procedures for post-incident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan at least annually, plus whenever a deficiency is observed or becomes apparent, and after a workplace violence incident.
A Violent Incident Log
Employers are also required to create and maintain a written “violent incident log” that records every instance of violence in the workplace and provides information obtained from (a) employees who experienced the incident, (b) witness statements, and (c) investigation findings. The incident log must include the following information:
- The date, time, and location of the incident.
- The workplace violence type or types.
- A detailed description of the incident.
- A classification of who committed the violence (client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator).
- A classification of circumstances at the time of the incident.
- A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
- The type of incident (attack without a weapon, attack with a weapon, threat of force, sexual assault or threat, animal attack, or other).
- The consequences of the incident.
- Information about the person completing the log, including their name, job title, and the date completed.
Mandatory Training
Employers are required to provide “effective training” to their employees when the employer’s prevention plan is first established and annually thereafter. Additional training must be provided by the employer whenever a new or previously unidentified workplace violence hazard has been identified.
Mandatory Record-Keeping
Finally, workplace violence logs and other records are required to be maintained by employers for 5 years. Training records are required to be maintained for 1 year.
What Employers Should Do Now
Cal-OSHA recently released a model “Workplace Violence Prevention Plan” template that employers can use to create their new plan. You can download that template here. We recommend that all California employers download that model template and complete the employer fill-in sections. If you need help filling in any sections, employers should contact their HR/employment counsel.
Similarly, if you have questions about your plan’s implementation/rollout, or about your go-forward training, investigation, or record-keeping obligations, employers should also contact their HR/employment counsel.
You can read more information about the new law’s requirements here.
You can read the full next of SB 553, which created the new Section 6409.1 of the California Labor Code, here.
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