California’s New Workplace Violence Prevention Program

The California WVPP: What Everyone Needs to Know

California has always been at the forefront of workplace safety, and the latest legislation is no exception. Senate Bill 553 (SB 553) introduces a comprehensive Workplace Violence Prevention Program that aims to protect employees across various industries. This new mandate, effective July 1, 2024, requires all employers to establish, implement, and maintain a Workplace Violence Prevention Plan to safeguard their workforce. Here’s a detailed look at what this entails and how both employers and employees alike can navigate these new regulations.

Understanding Senate Bill 553 and Labor Code 6401.9

What is California Senate Bill 553 (SB 553)?

SB 553 mandates that all employers in California create and enforce a Workplace Violence Prevention Plan (WVPP). This bill aims to reduce incidents of workplace violence by implementing preventative measures and ensuring swift responses to any incidents that occur.

Key Provisions of SB 553

• Risk Assessment: Employers must identify potential hazards that could lead to workplace violence and develop strategies to mitigate these risks.
• Employee Training: Regular training sessions must be conducted to educate employees about recognizing, avoiding, and responding to potential violence.
• Incident Reporting and Investigation: Employers must establish procedures for reporting and investigating incidents of workplace violence.
• Recordkeeping: Detailed records of any incidents and the steps taken to address them must be maintained.

What is California Labor Code Section 6401.9?

Labor Code Section 6401.9 outlines the specific requirements for the Workplace Violence Prevention Plan (WVPP). This includes the need for a written plan that addresses the hazards associated with different types of workplace violence. The code also mandates regular updates to the plan and employee involvement in its development and implementation.

The Four Types of Workplace Violence

According to Labor Code Section 6401.9, workplace violence can be classified into four types:

1. Type 1: Violence by individuals with no legitimate business at the worksite.
2. Type 2: Violence directed at employees by customers, clients, or patients.
3. Type 3: Violence against an employee by a current or former employee.
4. Type 4: Violence committed by someone who has a personal relationship with an employee.

How is The Workplace Violence Prevention Program Implemented?

California Employers Should Create a Workplace Violence Prevention Plan (WVPP)

At the heart of SB 553 is the requirement for employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan. This comprehensive plan must address various aspects of workplace violence prevention, including hazard identification, employee training, incident response, and ongoing evaluation.

WVPP Downloads and Resources:

The city of San Francisco Human Resources website provides several Workplace Violence Prevention Plan Samples and Templates that you may download free and customize.

OSHA provides WVPP Guidance for various types of businesses.

The “National Insider Threat Special Interest Group” provides a Workplace Violence Prevention Plan Sample, as a free download.

The California Department of Industrial Relations provides a Model Workplace Violence Prevention Plan to assist employers (This one is not free). This model plan includes detailed instructions and templates to help businesses develop their own WVPP tailored to their specific needs.

Furthermore OSHA provides an informative Workplace Violence Prevention Fact Sheet.

Understanding the Key Elements of a WVPP

1. Management Commitment and Employee Involvement: Ensure active participation from both management and employees in developing and implementing the plan.
2. Worksite Analysis: Regularly assess the workplace for potential hazards and implement measures to mitigate them.
3. Hazard Prevention and Control: Establish engineering and administrative controls to reduce the risk of violence.
4. Safety and Health Training: Provide comprehensive training to all employees on how to recognize and respond to workplace violence.
5. Recordkeeping and Program Evaluation: Maintain detailed records of incidents and regularly evaluate the effectiveness of the WVPP.

Understanding the Key Details of a WVPP

Identifying Responsible Parties

The plan must clearly identify the individuals responsible for its implementation, ensuring accountability and clear lines of communication within the organization.

Facilitating Employee Involvement

Effective employee involvement is crucial for the success of the Workplace Violence Prevention Plan. Employers must establish procedures that allow for active employee participation in the development and implementation of the plan.

Coordinating with Other Employers

When applicable, the plan must outline methods to coordinate its implementation with other employers, fostering a collaborative approach to workplace violence prevention.

Reporting and Response Procedures

Employers must implement robust procedures for accepting and responding to reports of workplace violence, while ensuring that employees are protected from retaliation for reporting incidents.

Ensuring Compliance and Communication

The plan must outline clear procedures to ensure employee compliance with safe and healthy work practices, as well as effective communication channels to keep employees informed about workplace violence matters.

Emergency Response Protocols

The plan must include detailed emergency response protocols, outlining the steps to be taken in the event of a workplace violence incident, including methods to alert employees and obtain assistance from designated responders.

Hazard Identification and Correction

Employers must establish procedures to identify, evaluate, and promptly correct workplace violence hazards. This includes conducting regular inspections and responding to newly identified hazards.

Post-Incident Response and Investigation

The plan must include well-defined procedures for post-incident response and investigation, ensuring that appropriate actions are taken to protect employees and prevent future occurrences.

Plan Review and Continuous Improvement

Employers must implement procedures to review the Workplace Violence Prevention Plan annually, as well as whenever a deficiency is observed or a workplace violence incident occurs, to ensure its ongoing effectiveness and relevance.

Integrating with the Injury and Illness Prevention Program

SB 553 requires that the Workplace Violence Prevention Plan be incorporated into the employer’s existing Injury and Illness Prevention Program (IIPP), ensuring a comprehensive approach to occupational safety and health. This integration ensures that workplace violence prevention is seamlessly integrated into the organization’s overall safety management system.

Providing Effective Employee Training

Employers are obligated to provide comprehensive training to their employees on the Workplace Violence Prevention Plan. This training must cover a range of topics, including the plan’s contents, reporting procedures, job-specific hazards, and emergency response protocols.

Initial and Annual Training

Employers must provide initial training when the plan is first implemented and then offer annual refresher training to ensure that employees remain informed and equipped to address workplace violence.

Tailored Training for New Hazards

When new or previously unidentified workplace violence hazards are discovered, or changes are made to the plan, employers must provide additional targeted training to address these specific concerns.

Interactive and Accessible Training

The training must be designed to be easily understood by employees, with opportunities for interactive discussions with knowledgeable personnel to foster engagement and understanding.

Maintaining Comprehensive Records

SB 553 imposes stringent recordkeeping requirements on employers, ensuring accountability and transparency in their workplace violence prevention efforts.

Workplace Violence Hazard Records

Employers must maintain records of workplace violence hazard identification, evaluation, and correction for a minimum of five years.

Training Records

Training records must be kept for a minimum of one year, documenting the training provided to employees.

Violent Incident Logs

Employers are required to maintain detailed logs of all workplace violence incidents, even those that do not result in injury. These logs must be retained for a minimum of five years.

Workplace Violence Investigation Records

Records of workplace violence incident investigations must also be maintained for a minimum of five years.

Compliance and Enforcement

SB 553 is a legally binding law, and employers who fail to comply with its requirements may face significant consequences, including potential fines and penalties imposed by Cal/OSHA. Employers must take proactive steps to ensure full compliance with the law to protect their employees and avoid legal repercussions.

California’s new workplace violence prevention regulations represent a significant step forward in protecting employees. By understanding and implementing these requirements, employers can create a safer work environment and mitigate the risks associated with workplace violence.

Stay informed, stay compliant, and most importantly, stay safe.

Seek Counsel from a Workplace Litigation Attorney

Navigating the complexities of these new regulations can be challenging. That’s where Setyan Law comes in. As a veteran workplace violence attorney in Los Angeles, Sam Setyan can provide expert guidance to ensure your workplace complies with SB 553 and Labor Code Section 6401.9.

Call (213)-618-3655 for a consultation.