As we explained in our previous blog post, California implemented a workplace violence prevention rule that applies to most workplaces beginning in July 2024. This new law imposes a myriad of requirements on employers, including establishing, implementing, and maintaining an “effective” workplace violence prevention plan (“WVPP”) that specifies effective procedures for identifying and evaluating workplace violence hazards, responding to and investigating reports of workplace violence, and responding to workplace violence emergencies (including alerts and evacuation protocols). Employers must also train employees when the WVPP is first established and annually thereafter, as well as when a new or previously unrecognized workplace violence hazard is identified.
Employers who were in compliance with the WVPP requirements before July 2024 should consider providing the employee training soon to meet the annual deadline. The training should be appropriate for the educational level, literacy, and language of the employees, and effectively prepare employees to respond to actual or potential workplace violence incidents. For example, employees who work with members of the public, and particularly in workplaces where there is a staffing shortage or customers are drinking alcohol, should receive training specific to recognizing behavioral cues to prevent customer (Type 2) violence and learn de-escalation techniques. HR representatives should receive training on appropriate techniques for employee terminations to prevent employee-on-employee (Type 3) violence. The annual training must also include important definitions, inform employees about how to obtain a copy of the WVPP and how to report workplace violence concerns or incidents, and provide an opportunity for interactive questions and answers.
In addition, employers should review their WVPP for its effectiveness and include any new or previously unrecognized workplace hazards. The law requires employers to actively involve employees in developing and implementing the WVPP. Employees are subject matter experts in their work environment and have the most investment in ensuring their work environment is safe. Their knowledge and perspective will contribute to a more effective WVPP.
Cal/OSHA is responsible for enforcing the WVPP requirements, and “serious” violations can result in up to a $25,000 penalty and up to a $153,744 penalty for “willful” violations.
We offer a compliance package that includes a tailored WVPP, all required forms, and a training video you can use for the rest of the year. If you are interested, please reach out to Eric Glassman at eglassman@shawlawgroup.com.
