by: Linda Duffy
Effective July 1, 2024, California’s new law, Section 6401.9 of the Labor Code, mandates that all business owners establish and maintain comprehensive workplace violence prevention plans. This initiative aims to create safer work environments across all industries. We all know that workplace violence is on the rise. In the US an average of 1.3 nonfatal violence crimes in the workplace occurred annually from 2015-2019. OSHA reports that workplace violence is the 2nd leading cause of fatal workplace injuries.
Here’s what business owners need to know to ensure compliance with this law.
Scope
The law applies to all employers, employees, and places of employment, with specific exceptions such as healthcare facilities already regulated under Section 3342 of Title 8 of the California Code of Regulations, and facilities operated by the Department of Corrections and Rehabilitation, among others. It also exempts employers with an entirely remote workforce and employers with fewer than 10 employees if the business is not accessible to the public. Otherwise, all employers must develop this written plan. If an employer is exempt under this law, Cal/OSHA will still investigate any incidents and hold employers responsible under their written Injury and Illness Prevention Program (IIPP).
Key Requirements of the Law
1. **Workplace Violence Prevention Plan (WVPP)**
All covered employers must create a written WVPP that is easily accessible to all employees. This plan must be in effect at all times and specific to each work area and operation. The WVPP must include the names or job titles of responsible individuals, procedures for employee involvement, methods for coordination with other employers, procedures for reporting and responding to violence, and training programs.
2. **Employee Training and Involvement**
Employers must provide initial training when the plan is first established and annually thereafter. All new hires must receive the training, and any time a new hazard is discovered, all employees must be retrained. Training should cover the plan’s contents, reporting mechanisms, specific workplace violence hazards, and preventive strategies. Training must include an opportunity for interactive questions and answers with a knowledgeable person about the WVPP.
3. **Incident Reporting and Response**
Employers are required to maintain a log of all violent incidents, which includes threats of violence. This log must record detailed information about each incident, including the date, time, location, type of violence, and actions taken post-incident. Personal identifying information must be omitted to protect individuals’ privacy. Procedures for responding to and investigating incidents must be established, along with measures for corrective action and reviewing the effectiveness of the WVPP.
4. **Record Keeping**
Records of workplace violence hazard identification, training, and incident logs must be kept for a minimum of five years. Training records must be maintained for at least one year. All records must be made available to employees, their representatives, and the Division upon request within 15 calendar days.
Conclusion
Business owners must act promptly to develop and implement their WVPPs before the July 1, 2024, deadline. Ensuring a safe work environment not only complies with legal requirements but also promotes a healthy and productive workplace. For more detailed guidance, consult the full text of Section 6401.9 or seek professional advice to tailor your WVPP to your specific business needs. You can also watch a recorded webinar on the topic here.
We know it’s difficult to stay on top of all of these legal changes. We offer periodic webinars on a variety of topics, including new laws, that can be found on our YouTube.com/Ethoshcs channel. If we can ever be of service, you can reach us at [email protected] or 949-939-1685.
This article originally appeared in the Avodah Law Group Newsletter- June 2024 edition