BlogLine

Understanding California’s new workplace violence prevention requirements 

7/3/24

By: Christopher J. Fleissner

California employers must now comply with new legislation that aims to improve workplace safety. Senate Bill 553 (the “Workplace Violence Prevention Act” or “WVP Act”) took effect July 1, 2024, and requires employers in the state to provide regular workplace violence training, maintain a workplace violence log, and adhere to recordkeeping protocols. 

The WVP Act, codified in Labor Code Section 6401.9, requires California employers to develop, implement, and maintain a workplace violence prevention plan (WVPP) tailored to specific work areas and operations. This requirement extends to all workplaces regardless of union status and can be fulfilled through a stand-alone plan or incorporated into an existing injury and illness prevention plan (IIPP). Employees must be trained and all workplace violence incidents must be recorded.  

“Workplace violence” includes any act or threat of violence at the workplace, such as physical force, firearm incidents, and various types of violence categorized into four types: violence by outsiders, clients or customers, employees, and those with personal relationships with employees, including animal attacks, but excluding lawful acts of self-defense or defense of others. 

The WVP Act applies to all employers, employees, places of employment, and employer-provided housing, with six specific exemptions. Four exemptions apply to niche employers, one exempts remote employees working without employer control, and the last exempts employers with fewer than ten employees if their workplace is not publicly accessible and they have a compliant illness and injury prevention program. 

The law aims to standardize workplace violence prevention across all industries in California, enhancing overall employee safety. Employers must address potential threats before they escalate, obtain the active participation of employees and ensure that those most affected by workplace violence have a voice in prevention strategies, and deliver regular and situation-specific training to equip employees with the knowledge to recognize, report, and respond to violence effectively. 

For California employers, the key to navigating the WVP Act successfully lies in early and thorough preparation: 

1. Develop or Update Your WVPP: Whether adopting Cal/OSHA’s model plan or creating a customized version, ensure your WVPP addresses all required elements and procedures. Consider integrating the WVPP with your existing IIPP for streamlined administration. 

2. Engage Employees: Actively involve employees in the development of the WVPP. Their insights and experiences are crucial in identifying potential hazards and crafting effective prevention strategies. 

3. Coordinate with Other Employers: If you operate in a multi-employer setting, collaborate with other employers to ensure cohesive implementation of the WVPP. This includes shared training, incident reporting, and maintaining a violence incident log. 

4. Provide Comprehensive Training: Implement initial and ongoing training programs tailored to your employees’ needs. Ensure that training covers the definition of workplace violence, reporting procedures, and industry-specific hazards. 

5. Maintain Records and Logs: Keep detailed records of hazard identification, training sessions, and incidents of workplace violence. These records are essential for compliance and for evaluating the effectiveness of your WVPP. 

6. Review and Revise the WVPP: Regularly review your WVPP, particularly after an incident or when deficiencies are observed. Make necessary revisions to improve the plan continuously. 

7. Understand the Penalties: Non-compliance with the WVP Act can result in significant penalties, including fines up to $25,000 for serious violations and $158,727 for willful violations. Proactive compliance will help avoid these costly penalties and ensure a safer workplace. 

By requiring comprehensive workplace violence prevention plans, the law aims to protect employees from various forms of violence and ensure safer working environments. Proactive compliance may not only avoid penalties but also foster a culture of safety and well-being in the workplace. 

For more information on this topic, please contact Christopher J. Fleissner at chris.fleissner@fmglaw.com or your local FMG relationship partner.