Virtually all California employers must have a workplace violence prevention plan in place by July 1, 2024. Cal/OSHA’s model plan offers a starting point for creating a compliant plan.
In addition to a model workplace violence prevention plan, California’s Division of Occupational Safety and Health (Cal/OSHA) has also published a general fact sheet to help employer’s create and implement a Workplace Violence Prevention Plan (WVPP) that meets the requirements imposed by Labor Code section 6401.9.
Recap
On September 30, 2023, Governor Gavin Newsom signed SB 553 into law, which added section 6401.9 to the Labor Code. Section 6401.9 requires employers with at least one employee to take several steps to prevent workplace violence, including implementing a written workplace violence prevention plan, providing training on the plan, and maintaining a log of workplace violence incidents and investigations. Re-visit Cook Brown’s coverage of SB 553’s obligations and few exemptions here.
Employers were left with little to no guidance on how to meet SB 553’s demands, that is until March of 2024, when Cal/OSHA published a model workplace violence prevention plan and general fact sheet.
CAL/OSHA’S Model Plan and Fact Sheet
The model plan itself is a 19-page fillable and customizable template that provides instructions for adapting the plan to the employer’s business. Cal/OSHA does not require employers to adopt its model plan, but it is equipped with helpful tips such as suggested definitions and prompts. Although a useful starting point, Cal/OSHA reminds employers that use of its model program does not ensure compliance with Section 6401.9.
The fact sheet provides a summary of SB 553 and useful reminders. Specifically, it reminds employers of their responsibilities with recordkeeping, violent incident logs, and employee training requirements, as well as the specific components required in their WVPP. The required components are:
- The names of persons responsible for its implementation.
- Effective procedures for employee involvement in developing and implementing the plan.
- Methods to coordinate implementation of the plan with other employers, when applicable.
- Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee.
- Procedures to ensure compliance from employees, including supervisors.
- Procedures to communicate with employees regarding workplace violence matters.
- Emergency response protocols.
- Training provisions.
- Procedures to identify and evaluate workplace violence hazards that include inspections with the following frequency:
- When the plan is first set up.
- As periodically scheduled.
- After violent incidents.
- Whenever a new hazard becomes known
- Procedures to timely correct workplace violence hazards identified and evaluated.
- Procedures for post-incident response and investigation.
- Procedures that allow for plan review
- Annually
- When a deficiency is observed or becomes apparent
- After a workplace violence incident
- Any other procedure necessary for employee health and safety as required by the Division and Standards Board.
Next Steps
With limited exceptions, all California employers must have a written and comprehensive WVPP in place within only a few short months. Call your Cook Brown attorneys today to ensure that you will be in compliance with Section 6401.9’s significant requirements by July 1, 2024.
