Beginning July 1, 2024, a new law requires most of California’s employers to establish, implement, and maintain a new written Workplace Violence Prevention Plan (“WVPP”). This new law does not affect those in the health care industry as California OSHA already has an established WVPP regulation for the health care industry. It also does not apply to law enforcement agencies and facilities operated by the California Department of Corrections and Rehabilitation.

Which Employers Are Covered? The new law covers nearly all private employers in California unless they are already subject to Cal/OSHA’s existing rule for healthcare workers. Workplaces with less than 10 employees working at any given time that are not accessible to the public are also exempt if they have a compliant Injury and Illness Prevention Plan.

What Employers Should Do. The law has four requirements:

1. creation of a written Workplace Violence Prevention Plan by July 1, 2024;
2. maintenance of a workplace violence incident log;
3. employee training; and
4. employer recordkeeping.

Employers must coordinate with their employees to create this plan and train them annually. The training of the employees on this plan must be completed by July 1, 2024.

The Written Plan. The written plan must be specific to the workplace. It may be incorporated into an existing Injury & Illness Prevention Plan as a standalone section or maintained as a separate document altogether.

The written plan must be reviewed annually for effectiveness and then again when a deficiency is observed or after a workplace violence incident occurs. At a minimum, the Plan must consist of the following ten (10) items:

1. the names of those responsible for the written plan’s implementation;
2. employee participation in developing/ implementing the written plan;
3. methods for coordinating implementation with other employers who may be present at the workplace;
4. procedures for employers to receive and respond to reports of workplace violence;
5. procedures to ensure compliance with the written plan;
6. emergency response and communication protocols;
7. workplace violence training information;
8. procedures to identify and evaluate workplace violence hazards at certain intervals (i.e., when the plan is first implemented, periodically thereafter, following an incident of workplace violence, and whenever a new hazard becomes known);
9. procedures to timely correct workplace violence hazards identified; and
10. procedures for post-incident response and investigation.

Incident Log. Employers will need to maintain a separate Cal/OSHA log for incidents of workplace violence, but the law does not create any new employer reporting requirements. The log must consist of all incidents of workplace violence, even if the incident does not result in injury. The log must be maintained for a minimum of 5 years and made available to Cal/OSHA upon request. Notably, employers must exclude personal identifying information that would identify any person involved in the incident. For multi-employer worksites, employers must coordinate with one another in creating and implementing the plan.

Training. Employers must provide all employees with effective interactive workplace violence training: (1) when the Plan is first established; (2) on an annual basis thereafter; and (3) when a new or previously unrecognized workplace violence hazard is identified and/or the written plan is revised. The law details the required topics for the training. Employers should also train their new employees through an interactive process as they begin employment.

Recordkeeping. There is a 5-year recordkeeping rule for (1) records pertaining to your workplace violence hazard identification, evaluation, and correction methods; (2) records of any workplace violence incident investigations; and (3) incident logs. Training records must be kept for a minimum of 1 year.

Production of WVPP Records. Employers are required to produce hazard assessment records, training records, and a violent incident log available to employees (and their representatives) upon request and without cost within 15 days of the request.

Potential PAGA Penalty. Failure to comply with WVPP requirements can be the basis for a PAGA claim.

Potential Retaliation Claim. The new law contains anti-retaliation provisions to protect employees who lodge complaints or concerns about the employer’s written plan or planning process.

What Employers Should Do Now. Since the deadline for WVPP is fast approaching, employers must create a specific written plan unique to their workplace’s hazards, including analyzing and formulating effective response protocols for workplace violence incidents. Employers also should evaluate and discuss how to best achieve employee participation in creating and maintaining the written plan because active employee participation is mandatory. Employers in multi-employer worksites should consult with other employers to coordinate the implementation of the written plan and ensure recordkeeping compliance.

What can Landegger Verano & Davis do for you. The firm has created a model WVPP to assist employers in implementing a plan. Please get in touch with us at (818) 986-7561 for guidance in creating a plan unique to your company. You may also reach us via email at info@landeggeresq.com