Navigating California’s Workplace Violence Prevention Plans
In California, a new mandate effective July 1, 2024, requires employers to implement a Workplace Violence Prevention Plans (“WVPP”). The legislative intent of these plans is to mitigate potential threats and create a safer work environment. Let’s delve into what these plans entail.
What Is A WVPP?
WVPPs are comprehensive strategies designed to identify, prevent, and respond to instances of violence or threats of violence in the workplace. These plans are required to be tailored to the specific needs and risks of each organization, considering factors such as industry, location, and workforce demographics.
What Is Workplace Violence?
Workplace Violence is broadly defined as any act of violence or threat of violence that occurs in a place of employment. This term does NOT include lawful acts of self-defense. There are four major types of workplace violence events:
Type 1 Violence
“Type 1 Violence” means workplace violence committed by a person who has no legitimate business at the worksite and includes scenarios in which someone enters the workplace and approaches an employee with the intent to commit a crime. Examples include robberies, threats, and acts of violence against security guards. These are most prevalent in workplaces where employees have face-to-face contacts and exchange money with the public.
Type 2 Violence
“Type 2 Violence” means workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors. Examples include social welfare providers onsite and during visits of residences, homeless shelters, probation offices, along with other types of service providers, e.g., delivery personnel or customer services representatives.
Type 3 Violence
“Type 3 Violence” means workplace violence against an employee by another present or former employee. The primary target of a Type 3 event can be a co-employee, a supervisor, domestic partner, or manager of an individual who may be seeking revenge for what they perceive as unfair treatment at the workplace.
Type 4 Violence
“Type 4 Violence” means workplace violence committed in the workplace by a person who does not actually work there but has or is known to have personal relationships with an employee.
Who Must Comply with SB 553?
The new law applies to everyone, except those who: (1) are already covered by Cal/OSHA’s Violence Prevention in Health Care Standard; (2) telework from a location of their choosing that is outside the control of the employer; (3) work at a location not open to the public with fewer than ten employees working at a given time; or (4) are a part of the Department of Corrections and Rehabilitation and law enforcement agencies. If an employer or employee is not included within the scope of the exceptions above, they must establish, implement, and maintain a WVPP.
How Will This Change Affect Your Workplace?
Employers are required to establish, implement, and maintain a written WVPP that includes, but is not limited to the following:
- Names/ Titles of persons responsible for implementing the written WVPP;
- Procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the WVPP;
- Methods the employer will use to coordinate implementation with other employees;
- Procedures to communicate and provide training to employees on workplace violence;
- Procedures to identify, evaluate, and correct workplace violence hazards;
- Procedures on how to respond to actual or potential workplace violence, including procedures to prohibit retaliation against those who report;
- Procedures for post-incident response and investigation;
- Procedures to review and revise the WVPP for effectiveness as needed; and
- Procedures to provide information required by the division and standards board as necessary and appropriate to protect the health and safety of employees.
Employers are also required to provide training regarding their WVPP at the inception of the plan and annually thereafter.
What is an Employer Required to do if Workplace Violence Occurs?
If workplace violence occurs, Employers must construct a workplace violence incident log documenting the incident. The log must include the following: (1) the date, time, and location of the incident; (2) a detailed description of the incident; (3) a classification of who committed the violence; (4) the violence type including whether it was a physical attack or threat, whether weapons or other objects were involved, or whether it was a sexual assault; and (5) the consequences of the incident, including whether security or law enforcement was contacted and whether actions were taken to protect employees from a continuing threat.
Keep this log! The incident log, including the record of workplace violence, evaluation, and correction needs to be retained by employers for 5 years (unlike the Injury and Illness Prevention Program records which only have a 1-year retention policy). Employees are entitled to view and copy the incident log within 15 calendar days upon request and without cost.
Employers must report to Cal/OSHA any incident that results from workplace violence immediately.
As always, we advise you to consult with your favorite employment law attorney should you have any questions or to get a more detailed briefing on WVPPs. The BMJ Employment Law Department is happy to help.
Baker Manock & Jensen’s Employment Law Practice Group chair who has extensive experience representing employers, in both the public and private sector, in a broad range of employment matters, including counseling employers on day-to-day issues, and litigating cases throughout the State of California.
Lauren’s legal practice focuses on employment law and business litigation.
Disclaimer
This Legal Update / Bulletin is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. This update should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
