Question: My company prepared a written workplace violence prevention plan to comply with the new law on workplace violence. Is our written plan all we need to comply with the new law?
Answer: To fully comply with the new law regarding workplace violence prevention, covered employers must complete three essential tasks: (1) establish the written workplace violence prevention plan; (2) train employees on workplace violence; and (3) start maintaining a log of all workplace violence incidents. Cal/OSHA is not allowing a grace period, so all three of these items must be accomplished beginning July 1, 2024.
Common questions surrounding the training include when the training should be provided, what it should cover, and how it should be conducted. Workplace violence training must be provided to all employees (including managers and supervisors ) when the plan is first established and annually thereafter. At a minimum, the initial and annual training should cover:
- Familiarizing employees with the plan (such as how to obtain a copy, how to participate in its development/implementation);
- The definitions of key terms and the requirements of the new law;
- How to report workplace violence incidents without fear of retaliation;
- Understanding the job-specific violence hazards and the preventative and corrective measures in place. For example, a review of emergency exit locations and a discussion of the systems in place at the worksite to notify employees of emergencies.
- The purpose of the violent incident log; and
- Opportunities for interactive discussions with someone knowledgeable about the written plan. This includes employee questions and feedback.
Training sessions do not need to be overly formal, and employers do not need to hire a vendor to conduct the training. The training can be conducted by anyone with knowledge of the employer’s written plan, such as the plan administrator or a member of Human Resources. Most of the information in the training is essentially reviewing the plan itself, with opportunities for questions and feedback. There is no requirement regarding how long the training must be, so employers may record a training where you review the plan document (which will include most of the information required for the training) and discuss specific risks to the employees and how to respond. The training documents that you maintain can be the plan, the emails confirming the training session, and the sign in sheets for the training.
The main thing to remember about the training is that it must be interactive and provide opportunities for meaningful questions, answers, and feedback relating to the written plan and the employer’s procedures. Employers should also have a procedure in place to consider the concerns and feedback of their staff. The training is not required to be in person or live. However, employees must still be given an opportunity to submit interactive questions which should be answered by the employer as soon as feasible.
Employers must also provide further training when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the written plan. Unlike the initial and annual training, this additional training can be limited to the new hazard or change to the plan.
Records related to employee training must be kept for at least five years and provided to employees for free upon request. Employers with questions regarding workplace violence training or other requirements are encouraged to contact their labor counsel.