Workplace Violence Prevention Plans: Annual Plan Review and Training Reminder
As we approach the anniversary of Senate Bill 553 of 2024 regarding Workplace Violence Prevention Plans (WVPPs), we thought we would provide employers with this gentle reminder of their required annual checkups. Starting in 2024, employers falling within the scope of this law must establish, implement, and maintain an effective written WVPP and must arrange for regular violence prevention training for workers.
Framework of the Workplace Violence Prevention Plan
Employers are required to address workplace violence hazards to protect employees and comply with the regulatory requirement of establishing, implementing, and maintaining an effective written workplace violence prevention plan (WVPP). Employers may use Cal/OSHA’s model WVPP as a guide in crafting their own plans.
Per Labor Code section 6401.9, employers must include the following required elements and effective procedures in their establishment's written WVPP or include them as a separate section in their Injury and Illness Prevention Programs (IIPPs):
· Names/Titles of persons responsible for implementing the written WVPP.
· Procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the WVPP.
· Methods the employer will use to coordinate implementation of the plan with other employers.
· Procedures to ensure that all employees (supervisory and nonsupervisory), comply with the WVPP.
· Procedures to communicate and provide training to employees on workplace violence.
· Procedures to identify, evaluate and correct workplace violence hazards.
· Procedures on how to respond to actual or potential workplace violence, and how to accept and respond to reports of workplace violence, including procedures to prohibit retaliation against employees for reporting workplace violence.
· Procedures for post-incident response and investigation.
· Procedures to review WVPP for effectiveness and revise the plan as needed.
· Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees.
· Employers can prevent and reduce the risk of workplace violence with an established, effectively implemented, and maintained WVPP, along with strong management commitment and the day-to-day involvement of all employees and their authorized representatives.
· 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 shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
** Employers should draw their attention to the bolded statement directly above which specifically mandates employers to review their plans at least once per year and after a deficiency is noted and after an actual violent incident occurs. **
Workplace Violence Training
· Employers must provide effective training and ensure that training materials are easy to understand and match the workers’ education, reading skills, and language
· Employers must provide employees with an initial training and annually thereafter – this is an often overlooked aspect of the WVPPs; that is, the continuous obligation to train employees annually on the plan
· The training is required to cover various aspects, including the following:
o Familiarizing employees with the plan, how to obtain a copy, and how to participate in the development and implementation of the employer’s plan
o Definitions and requirements of Labor Code section 6401.9
o How to report workplace violence incidents without fear of retaliation.
o Understanding of job-specific violence hazards and preventive measures
o Purpose of the violent incident log and how to obtain related records
o Opportunities for interactive discussions with someone knowledgeable about the employer’s plan
· When new or previously unidentified workplace violence hazards are discovered, or changes are made to the plan, the employer must provide additional training that focuses on the specific hazard or plan modifications
** Once again, employers should note the bolded statement above, which requires annual employee training on the topic of workplace violence. **
Maintaining Workplace Violence Records
· Records of workplace violence hazard identification, evaluation, and correction, must be kept for a minimum of five years.
· Workplace violence prevention plan training records must be kept for a minimum of one year.
· Violence Incident Logs must be kept for a minimum of five years.
· Records of workplace violence incident investigations must be kept for a minimum of five years.
· Cal/OSHA Form 300 must be kept for five years.
Steps if a Workplace Violence Injury Occurs
· Ensure employees receive timely and appropriate medical treatment.
o Employers must ensure all needed medical care is provided through the employer’s workers compensation insurance provider.
o Employers must give employees notice of workers' compensation eligibility within one working day of a workplace violence incident.
o See further information from the Division of Workers Compensation .
· Record required information about the violent incident in the employer’s violent incident log.
· Investigate and evaluate the workplace violence incident and determine and implement changes needed to reduce workplace violence hazards in the workplace.
· Review the effectiveness of the written workplace violence prevention plan and revise the plan if necessary.
· Report all serious injuries and deaths, as defined in title 8, section 330(h) , to Cal/OSHA in accordance with title 8, section 342(a).
· Complete the "Employer's Report of Occupational Injury or Illness" (Form 5020) for each injury or illness that results in lost time beyond the date of the incident or requires medical treatment beyond first aid.
· Record all cases on the Cal/OSHA Form 300.
Our attorneys at Rosasco Law Group are experts in making sure our clients are compliant with all workplace requirements, such as employee handbooks, IIPPs, and WVPPs. Give our office a call to ensure you are up to speed!
