April 25, 2024
California’s Latest Mandate:
Workplace Violence Prevention Plan and Training

California just prescribed another big dose of employment regulations in the workplace, this time in the form of requiring virtually all California employers to implement a comprehensive Workplace Violence Prevention Plan (WVPP). The July 1, 2024 compliance deadline is rapidly approaching, so consider this your wake-up call! Although there may be some businesses exempt from this law, those exemptions are very few.

The law defines “workplace violence” very broadly – essentially any violent act or threat occurring in the workplace. This includes the obvious examples, like physical assaults, weapon threats, and verbal/written attacks. But it goes further, labeling even comments that cause psychological stress or trauma as workplace violence, even if no other injury results. Thus, the required WVPP must cover a whole host of issues, not just incidents of what would typically be considered workplace violence.

So, what is actually required by this law?  First, the WVPP must include a comprehensive written policythat is easily accessible by staff, whether it is combined with the required Injury and Illness Prevention Plan (IIPP), or it is a stand-alone plan. Developing the WVPP requires thoughtful customization based on each employer’s specific needs. For example, some employers may be situated in a high-crime area or near a business that keeps a lot of cash on hand, while others may be more likely to be dealing with troubled individuals. The plan must designate responsible individuals to lead its implementation and include various specific procedures, such as involving employees in the development and implementation of the plan.

But wait, there’s more! This law isn’t messing around – it also requires WVPP training of all employees when the plan is first rolled out, as well as annually.  Additional training is also required when new or previously unrecognized workplace violence hazards are identified, or when there are other changes to the plan.

Employers are also required to record every workplace violence incident in a “violence incident log,” which must include very specific information on each incident. Those records must be retained for at least five years.

Cal/OSHA recently published a model Workplace Violence Prevention Plan. The model plan provides a starting point with examples and suggested language, but it is far from a readily usable product. As noted above, the law requires employers to develop a plan that considers the unique risks that each employer faces. Potential exposure to workplace violence varies considerably by workplace, industry and geographical location. Therefore, the model plan should only be used as a starting point.

If you have questions, contact your employment law attorney or the authors of this Update.

Reprinted with permission from Scott & Whitehead