Last September, California Senate Bill 553 was signed into law requiring virtually all California employers (with limited exceptions) to implement and maintain a written Workplace Violence Prevention Plan (WVPP) by July 1, 2024. The new law is codified at Labor Code section 6401.9.
The required elements of the written WVPP are:
- Identification of those individual(s) responsible for implementing the plan;
- Involvement of employees and their representatives in the plan;
- Procedures to accept and respond to reports of workplace violence;
- Procedures to communicate with employees regarding workplace violence matters, including how to report an incident without fear of retaliation;
- Procedures to respond to actual and potential workplace violence emergencies;
- Developing and providing effective training;
- Procedures to identify, evaluate, and correct workplace violence hazards; and
- Performance of post-incident responses and investigations.
The obligation to have a written WVPP is in addition to an employer’s obligation to implement and maintain a written Injury and Illness Prevention Program (IIPP).
Training
In addition to the implementation of a WVPP, employers are required to administer training to employees on the initial plan and annually thereafter, as well as when a new or previously unrecognized workplace violence hazard is identified and when changes are made to the plan.
The trainings include topics such as how to report workplace violence incidents or concerns, identification of workplace violence hazards specific to the employees’ jobs, corrective measures that have been implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
Recordkeeping
Records of workplace violence hazard identification, evaluation and correction must be created and maintained for a minimum of five years. Training records must be created and maintained for a minimum of one year. These records must be made available to employees and their representatives for examination upon request and without cost within 15 days of the request.
Next Steps
Employers are encouraged to speak with competent counsel who can advise on the steps necessary to comply with their obligations to establish and maintain a customized WVPP and to train their employees by no later than July 1, 2024.
This blog is intended for informational purposes only and may be considered an attorney advertisement. Kennedy McCarthy & Rumm, LLP makes the utmost effort to research and keep correct and updated information on our website. However, we make no representations as to the current accuracy or completeness of the information, and any use of or access by a user is at the user’s discretion. This blog is not legal advice. No attorney-client relationship is formed in connection with this blog. Do not rely on this blog as a substitute for competent legal advice from a licensed professional attorney.
