Question: I heard my business needs to establish a workplace violence prevention plan by July 1, 2024. Is this a new requirement, and are there any guides or templates to help me get started?
Answer: Yes, this is a new requirement. Beginning on July 1, 2024, most businesses will need to establish a workplace violence prevention plan and comply with other workplace violence measures. Other than a few limited exceptions, the new workplace violence prevention requirements apply to all employers in California. Fortunately, Cal/OSHA recently published a fact sheet and a model workplace violence prevention plan to help employers comply with the new law.
The workplace violence prevention plan can be included in an employer’s existing Injury and Illness Prevention Program (IIPP) or maintained as a separate document. It must be in writing, easily accessible by employees, and contain the following information:
- The identity of the individuals responsible for implementing the plan;
- Procedures to obtain the active involvement of employees in developing and implementing the plan;
- Methods used to coordinate the plan with other employers, when applicable;
- Procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report;
- Procedures to ensure that employees comply with the plan;
- Procedures to communicate with employees regarding workplace violence matters, including how to report incidents and how reports will be investigated.
- Procedures on how to identify and evaluate workplace violence hazards and how to respond to actual or potential workplace violence emergencies.
Recently, Cal/OSHA published its much-anticipated model workplace violence prevention plan, which employers can access under the “Workplace Violence Prevention” heading here: https://www.dir.ca.gov/dosh/PubOrder.asp#WVP. The model plan is designed to assist employers in drafting their own plans. Employers are not required to use Cal/OSHA’s model but may use it as a template. The model plan contains numerous questions and examples for employers to consider as they assess the risks in their own workplaces and “fill in the blanks” of the template accordingly.
In addition to establishing a workplace violence prevention plan, covered employers must also implement annual workplace violence training and maintain a log of every workplace violence incident. The written workplace violence incident log must be posted at the workplace and include the following information:
- Date, time, and location of the incident;
- Detailed description of the incident, including where it occurred and the type of violence that occurred;
- Classification of who committed the violence (e.g. co-worker, supervisor; customer); and
- A description of the employer’s response and information about the person completing the log entry.
The covered employers must provide employees with initial training when the workplace violence prevention plan is first established and annually thereafter. Records related to employee training, violent incident logs, and employer investigation of workplace violence incidents must be kept for at least five years. Employees are entitled to free copies of these records within 15 calendar days of a request.
Cal/OSHA also published a fact sheet that provides employers with a helpful overview of the above requirements. The fact sheet can be accessed using the same link listed above for the model prevention plan. Employers should consult with their labor counsel soon to draft a compliant plan and implement measures to comply with these additional requirements before the July 1, 2024 effective date.