California has taken a significant step towards enhancing workplace safety with the introduction of new workplace violence prevention laws, effective July 1, 2024. These laws mandate that most employers develop and implement comprehensive workplace violence prevention plans (WVPP) to protect employees from potential threats and violence in the workplace.
Key Takeaways
- Effective Date: July 1, 2024, for compliance with the new laws.
- Who Is Affected: Most California employers, with limited exceptions.
- Plan Requirements: Employers must create a detailed WVPP, conduct risk assessments, and provide employee training.
- Training Obligations: Initial training by the compliance date and annual retraining thereafter.
- Record Keeping: Employers must maintain a violent incident log and documentation of training and hazard assessments.
Overview Of The New Legislation
The new legislation, known as Senate Bill 553, was signed into law on September 30, 2023. It establishes the first general industry workplace violence prevention requirements in the United States. The law aims to address various forms of workplace violence, including bullying, harassment, and active shooter situations.
Who Needs To Comply?
The law applies to nearly all employers in California, with a few exceptions:
- Healthcare Facilities: Already have existing regulations.
- Teleworking Employees: Those working from locations not controlled by the employer.
- Small Workplaces: Locations with fewer than 10 employees that are not accessible to the public.
- Law Enforcement and Correctional Facilities: Specific exemptions apply.
Key Requirements For Employers
To comply with the new law, employers must:
- Develop a Written WVPP: This plan should include:
- Conduct Risk Assessments: Identify potential hazards that could lead to workplace violence based on the nature of the work and interactions with the public.
- Employee Training: Employers must train employees on the WVPP by the compliance date and annually thereafter. Training should cover:
- Maintain Records: Employers are required to keep a violent incident log for all incidents, even those that do not result in injury, and document all training sessions and hazard assessments.
Implications For Employers
Failure to comply with these new regulations can lead to significant penalties, including fines and increased liability in the event of workplace violence incidents. Employers are encouraged to take proactive measures to ensure compliance and protect their workforce.
Conclusion
California’s new workplace violence prevention laws represent a crucial advancement in employee safety. By requiring employers to take concrete steps to prevent workplace violence, the state aims to create safer work environments for all employees. As the July 1, 2024 deadline approaches, employers must act swiftly to develop their plans and ensure their workforce is adequately trained and prepared.
Sources
- California Employer’s Obligations To Develop Workplace Violence Prevention Plan By July 1, 2024, California Employment Law Report.
- California’s Workplace Violence Prevention Requirements for Your Worksite, Jackson Lewis.
- What do employers need to know about California’s Workplace Violence Prevention legislation?, Littler Mendelson P.C..
- Workplace Violence Prevention Requirements for California Employe, The National Law Review.
- California Law Allowing Employers to Get Workplace Violence TROs Covering Harassment Takes Effect January 1, 2025, Ogletree.