Many employers in California must implement an effective written plan and take certain other actions to prevent workplace violence by July 1, 2024. The requirements are a result of the enactment of Senate Bill 553.
The details
Written Plan Required
Unless exempt (see below), employers must adopt a workplace violence prevention plan that is in writing and made available and easily accessible to employees, authorized employee representatives, and representatives of the state at all times. The plan must be in effect at all times and in all work areas. The plan must be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program or maintained as a separate document.
Required Plan Elements
The written plan must include the following elements.
- Names or job titles of the individuals responsible for implementing the plan. If there are multiple individuals responsible for the plan, their roles must be clearly described.
- Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents.
- Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods must ensure that all employees are provided the training required, and that workplace violence incidents involving any employee are reported, investigated and recorded.
- Effective 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.
- Effective procedures to ensure that supervisory and non-supervisory employees comply with the plan.
- Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following:
- Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following:
- Procedures to develop and provide the training required.
- Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices, and employee reports and concerns. Inspections must be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard.
- Procedures to correct workplace violence hazards identified and evaluated in a timely manner.
- Procedures for post-incident response and investigation.
- Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan must be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
- Procedures or other information required by the state as being necessary and appropriate to protect the health and safety of employees.
The California Division of Occupational Safety and Health (Cal/OSHA) has released a model workplace violence prevention plan to help general industry employers comply with the requirement.
The model plan is a fillable template for employers to complete. Instructions in red font enclosed in brackets indicate where employers must enter their worksite-specific information.
Note: Employers aren’t required to use the model plan. They may create their own plan, use another Workplace Violence Prevention Plan (WVPP) template, or incorporate workplace violence prevention into their existing Injury and Illness Prevention Program (IIPP) as a separate section, provided it includes all of the required elements.
Recording Incidents
Effective July 1, 2024, Senate Bill 553 requires employers to record information in a violent-incident log for every workplace violence incident. Information that is recorded in the log for each incident must be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings.
The employer must omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the person’s name, address, email address, telephone number, Social Security number, or other information that, alone or in combination with other publicly available information, reveals the person’s identity.
The log must be reviewed during the periodic reviews of the plan.
The information recorded in the log must include all of the following:
- The date, time and location of the incident.
- The workplace violence type or types, as described in the law, involved in the incident.
- A detailed description of the incident.
- A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, co-worker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.
- A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
- A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.
- The type of incident.
- Consequences of the incident, including, but not limited to:
- Information about the person completing the log, including their name, job title, and the date completed.
Required Training
The law also requires employers to provide effective training to employees. Training material appropriate in content and vocabulary to the educational level, literacy and language of employees must be used.
The employer must provide employees with initial training when the plan is first established, and annually thereafter, on all of the following:
- The employer’s plan, how to obtain a copy of the employer’s plan at no cost, and how to participate in development and implementation of the employer’s plan.
- The definitions and requirements of the law.
- How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal.
- Workplace violence hazards specific to the employees’ jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
- The violent incident log required and how to obtain copies of records.
- An opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan.
Additional training must be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan.
Recordkeeping
Records of workplace violence hazard identification, evaluation and correction must be created and maintained for a minimum of five years.
Training records must be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
Violent incident logs must be maintained for a minimum of five years.
The above records must be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
Records of workplace violence incident investigations conducted must be maintained for a minimum of five years. These records must not contain “medical information.”
Employers That Are Exempt
The following employers/places of employment are exempt from the requirements of Senate Bill 553.
Next steps
· Unless exempt, California employers should ensure compliance with Senate Bill 553 by July 1, 2024.
· Training offerings are being reviewed and, if necessary, will be updated to meet Cal/OSHA’s final requirements. The current training courses available are titled Workplace Violence, Workplace Violence Prevention, and Workplace Harassment. Courses are available in English and Spanish.
· Review the requirements and plan training for items that are specific to your workplace, including training requirements on your individual plan, hazards specific to your employees, and how employees should notify you of workplace violence concerns. ADP TotalSource’s training offerings will cover the state-wide requirements, but you must plan to meet the employer-specific requirements.
· If you have any questions, please contact your ADP TotalSource Risk & Safety Consultant for assistance.