On September 30, 2023, the California Legislature enacted a first-of-its-kind workplace violence prevention law that, unlike other workplace violence laws that apply to specific industries only (such as healthcare), applies across all industries and to nearly all employers operating in California.
By July 1, 2024, covered employers are required to implement their Workplace Violence Prevention Plan. This mandate aims to ensure a safer, more secure working environment for all employees, addressing the growing concerns around workplace violence.
What is a Workplace Violence Prevention Plan (WVPP)?
A violence prevention plan provides a roadmap for employers and employees to address actual and potential incidents of workplace violence. The goal of a workplace violence prevention plan is to identify and mitigate against workplace violence incidents or threats.
Understanding the Requirements
The new regulation, established by Cal/OSHA, mandates that employers develop, implement, and maintain a comprehensive WVPP tailored to the specific risks associated with each workplace.
Which Employers Are Covered?
The law is not industry-specific and applies to all employers in the state, with the exception of:
Employees working remotely from a location of their choice that is not under the control of the employer;
Health care workers covered by Cal/OSHA’s Workplace Violence Prevention in Health Care standard;
Facilities operated by the California Department of Corrections and Rehabilitation;
Certain law enforcement agencies; and
Employers with fewer than 10 employees whose workplace is not accessible to the public.
Steps to ComplianceÂ
To help you meet the July 1, 2024Â deadline, we've provided you with a step-by-step guide:Â
Conduct a Thorough Assessment: Begin by evaluating your current workplace environment and identifying any potential hazards. Engage employees in this process to gather valuable insights and foster a culture of safety.Â
Develop Your WVPP: Based on your assessment, create a detailed plan that addresses identified risks. Ensure your plan includes all required elements and is tailored to your specific workplace.Â
Implement Preventive Measures:Â Put in place the necessary security measures and safety protocols to mitigate identified risks.Â
Train Your Team:Â Provide comprehensive training for all employees, ensuring they understand the risks and know how to respond appropriately.Â
Establish Reporting Procedures:Â Create clear, accessible channels for reporting incidents of workplace violence. Ensure all reports are taken seriously and investigated thoroughly.Â
Review and Revise:Â Regularly review your WVPP and update it as needed to address new risks or changes in your workplace environment.Â
What Type of Training is Required?
The training must cover various topics, including, but not limited to:
The definitions and requirements of the new law;
How employees can report workplace incidents without fear of retaliation; and
Assisting employees in understanding job-specific violence hazards and preventive measures.
Can I Combine Trainings?
No. WVPP training cannot be combined with other mandated trainings as it has its own distinct requirements.
What are the Penalties for Noncompliance?
Cal/OSHA will enforce the new law through its standard inspection, citation, and penalty framework. Depending on the nature of an alleged violation, potential penalties may climb as high as $25,000 (for violations classified as "serious") or $153,744 (for violations classified as "willful"). Cal/OSHA will also require employers deemed out of compliance to abate alleged violations to Cal/OSHA's satisfaction, potentially including changes to employers' policies and procedures.
How HR Unlimited Consulting Can Help
Navigating these new requirements can be challenging, but HR Unlimited Consulting is here to support you every step of the way. Our team of experts can assist with risk assessments, plan development, employee training, and more. We provide customized solutions to ensure your compliance and promote a safer workplace.
Your Partner in HR,
Ashley Castronova, MHRM, SHRM-CP
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