A Deep Dive into California's New Workplace Violence Prevention Law: Understanding and Implementing Key Requirements
Effective July 1, 2024, California's latest legislation mandates a comprehensive approach to workplace violence prevention plans for nearly all employers in the state. This in-depth guide delves into the specifics of the law, covering a wide range of topics from the broad scope of coverage to the detailed requirements of the Workplace Violence Prevention Plan, and from training obligations to changes in restraining order protocols.
Who is Covered by the Law?
The law applies broadly, encompassing:
Most employers in California.
Exceptions include those under the Violence Prevention in Health Care standard, teleworkers outside employer control, sites with fewer than 10 employees not open to the public, and certain state agencies.
Defining Workplace Violence
The law adopts a broad definition of workplace violence, encompassing:
Acts or threats of violence occurring at employment sites.
This includes physical violence, threats, harassment, and other behaviors causing stress or trauma.
Workplace Violence Prevention Plan: A Detailed Look
Development and Employee Involvement: Plans must be collaboratively developed with employees, ensuring their concerns and experiences are integral.
Risk Identification and Evaluation: Conduct periodic inspections to identify workplace violence hazards and implement timely corrective actions.
Health and Safety Training Program: Include training that teaches safe work practices and addresses specific hazards relevant to employees.
Compliance with Work Practices: Implement a system ensuring employee compliance with safe practices, potentially including disciplinary measures.
Reporting and Communication Procedures: Set up a clear process for employees to report incidents without fear of retaliation and establish a method for communicating workplace violence matters.
Emergency Response and Investigation: Develop procedures for responding to violence-related emergencies and investigating incidents thoroughly.
Plan Accessibility and Regular Review: Ensure the plan is easily accessible and reviewed regularly, especially after any workplace violence incident.
Training Obligations Detailed.
Initial and Ongoing Training: Cover aspects such as the plan details, reporting procedures, and strategies for preventing violence. Conduct this training initially and then annually.
Training for New or Changed Circumstances: Provide additional training when new violence hazards are identified or when significant changes are made to the plan.
Record Retention: Keep training records for at least one year.
Recording and Reporting Requirements
Violent Incident Log: Record every incident, including date, time, location, event description, offender classification, and the response taken. Maintain this log for five years without personal identifying information.
Other Recordkeeping: Retain records of hazard identification, evaluation, correction, and incident investigations for five years.
Restraining Order Changes
Significant amendments to restraining order procedures include:
Collective bargaining representatives can now petition for TROs.
Employees have the option for anonymity in TRO applications.
The scope for TROs is expanded to include harassment.
Cal/OSHA's Potential Role
There is a high likelihood that Cal/OSHA will publish a model Workplace Violence Prevention Plan program. Such a model would provide a valuable resource for employers to ensure compliance and pass inspections.
Conclusion:
California's new workplace violence prevention law is a game-changer for employer responsibilities in ensuring a safe work environment. With its broad coverage and detailed requirements, understanding and implementing every aspect of this law is crucial for legal compliance and for cultivating a safer workplace. Questions about workplace policies or workplace training? Contact Wagner Legal today.
