As we shared previously, a new law requires most California employers to create, implement, maintain, and train employees on a written Workplace Violence Prevention Plan by July 1, 2024. The Plan must include the following:
- Procedures that involve employees in developing and implementing the plan, including through identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents
- Procedures to accept and respond to reports of workplace violence, and to prohibit retaliation against reporters of workplace violence
- Procedures to communicate with employees regarding workplace violence matters and to alert employees of workplace violence emergencies
- Procedures to identify and evaluate workplace violence hazards and concerns
Only very limited categories of employers are exempt from these obligations. For example, workplaces with fewer than 10 employees working at any given time are exempt but only if (1) the workplace is not accessible to the public, and (2) the employer has a compliant Injury and Illness Prevention Program, discussed further below.
For those employers who haven’t done so already, now is the time for mandated employers to begin preparing their Workplace Violence Prevention Plan (“WVPP”) to ensure compliance by the July 1st deadline. Employers should analyze their workplace(s) and formulate effective response protocols for a workplace violence incident and consider how to solicit and incorporate employee feedback during that process. In putting the WVPP together, employers must include ten specific items, which are further detailed here, and create a Workplace Violence Incident Log and a training program for employees. All documents must be maintained for at least 5 years.
If your workplace is exempt from creating a WVPP (because you have fewer than 10 employees and are not open to the public), you want to make sure that you have a compliant Injury and Illness Prevention Program (“IIPP”) in place in order to avoid being required to create a separate WVPP. And, even if you’re not exempt, you still need to have an IIPP, so this is a good time to make sure that is up to date.
Model plans for both the IIPP and the WVPP have been prepared by Cal/OSHA; however, if you would like our assistance in putting the necessary documents together for you, please contact us.
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The above summary has been prepared for general informational purposes only and is not intended as legal advice.
Bernstein & Friedland, P.C. is a boutique employment law firm in Los Angeles specializing in wrongful termination, discrimination, harassment, retaliation, and unpaid wage and overtime matters. Please visit our website at www.laemploymentcounsel.com to learn more about us. We are here to support you if you have questions about any of the above or any other employment-related matters.
