Employer Reminder: Have you set up your Workplace Violence Prevention Plans?

 SB 553 amended Labor Code section 6401.7 to require employers to develop and implement a workplace violence prevention plan in accordance with Labor Code section 6401.9, which sets out the requirements for the plan. Starting July 1, 2024, employers that fall within the scope of this law must establish, implement, and maintain an effective written WVPP that includes but is not limited to the following:

• Identifying who is responsible for implementing the plan

• Involving employees and their representatives

• Accepting and responding to reports of workplace violence and prohibit employee retaliation

• Communicating with employees regarding workplace violence matters

• Responding to actual and potential emergencies

• Developing and providing effective training

• Identifying, evaluating, and correcting workplace violence hazards

• Performing post incident response and investigations

So let’s break it down.

What is Workplace Violence?

"Workplace violence" is defined in Labor Code section 6401.9 as any act of violence or threat of violence that occurs in a place of employment. This includes, but is not limited to, the following:

• The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.

• An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.

• The four types of workplace violence defined in Labor Code section 6401.9.

• Note: "Workplace violence" does not include lawful acts of self-defense or defense of others.

Creating a Workplace Violence Prevention Plan

The elements of a workplace violence prevention plan are as follows:

• Every covered employer is required to establish, implement, and maintain an effective workplace violence prevention plan

• The plan needs to include the following:

o The names of persons responsible for its implementation

o Effective procedures for employee involvement in developing and implementing the plan

o Methods to coordinate implementation of the plan with other employers, when applicable o Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee

o Procedures to ensure compliance from employees, including supervisors

o Procedures to communicate with employees regarding workplace violence matters

o Emergency response protocols

o Training provisions

o Procedures to identify and evaluate workplace violence hazards that include inspections with the following frequency:

 When the plan is first set up

 Periodically scheduled

 After violent incidents

 Whenever a new hazard becomes known

o Procedures to timely correct workplace violence hazards identified and evaluated

o Procedures for post-incident response and investigation o Procedures that allow for plan review:

 Annually

 When a deficiency is observed or becomes apparent

 After a workplace violence incident

o Any other procedure necessary for employee health and safety as required by the Division and Standards Board

• The plan must be in effect at all times and in all work areas and 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 required by section 3203 of title 8 of the California Code of Regulations or maintained as a separate document.

Employers must remember to review the plan regularly to ensure it is up-to-date.

Violent Incident Log Requirements