California Workplace Violence Prevention Plan: Employer Responsibilities

California employers must establish a Workplace Violence Prevention Plan by July 1, 2024, under Senate Bill 553 requirements. This plan includes risk assessments, employee training, incident reporting, crisis response, and recordkeeping to promote workplace safety.

By Brad Nakase, Attorney

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Table of Contents

1. Introduction

2. The Range of Violence in the Workplace

3. Workplace Violence: What is it?

4. Who must follow the rules?

5. Essential Elements of a California Workplace Violence Prevention Plan

6. Evaluating Risk Factors in Organizations

7. Creating a Balanced California Workplace Violence Prevention Plan

8. Template for California Workplace Violence Prevention Plan

9. Records of Violent Incidents

10. Penalties for Failure to Comply

11. Requirements for Recordkeeping

12. Conclusion

Introduction

Employers in every industry are extremely concerned about workplace violence, and California took the initiative to address this pressing problem. SB 553 requires California employers to create, implement, & sustain an extensive WVPP (Workplace Violence Prevention Plan) as of 1^st July 2024.

With a few notable exceptions, the new regulation, which is written as CA Labor Code 6401.9, is applicable to almost all firms operating in California and isn’t industry-specific. The purpose of this law is to make workplaces safer and shield workers from possible harm across the state.

A complete program created to detect, assess, and reduce the risks of workplace violence is known as the California Workplace Violence Prevention Plan. It includes a number of tactics, guidelines, and practices that collaborate to stop violent crimes and guarantee the security and welfare of workers.

The Range of Violence in the Workplace

Verbal threats, intimidation, physical attacks, & even murder are all examples of workplace violence. 761 out of 5333 workplace deaths in the United States (2019) were brought on by violence or other injuries sustained by an individual or animal, as reported by the Bureau of Labor Statistics, Census of Fatal Occupational Injuries. Violence-related fatal injuries rose by an astounding 11.6 percent in 2022, to 849 cases. 541 of these were murders.

These concerning figures highlight how crucial it is to put in place efficient workplace violence prevention strategies. Employers are required by ethical and legal standards to give their workers a safe workplace. There may be serious repercussions for employee welfare and legal liability if a strategy is not implemented.

The impact of the violence at work is far more than the immediate hurt felt by the victims, who are usually physically and mentally traumatized. It may lead to increased turnover rates, absenteeism, decreased productivity, and astronomical financial repercussions to companies through loss in production, missed production costs, legal expenses, and medical costs. Moreover, workplace violence may cause chronic effects in the psyche of the employees, their well-being, occupational satisfaction, and psychological health.

California took the initiative to recognize the seriousness of this problem by enacting Senate Bill 553, which requires the establishment and application of comprehensive WVPPs by businesses so that they could identify, evaluate, and minimize the chances of violence at their workplaces.

Workplace Violence: What is it?

The threat or act of violence in the workplace is defined as workplace violence according to Labor Code 6401.9. This includes a number of situations:

Threats or physical force that cause an employee to be hurt, distressed, or stressed.
Incidents involving guns, possible arms, or the utilization of objects in the commonplace as weaponry, with/without any injuries involved.

The use in defense or security of others or acts of reasonable self-defense are not covered by this definition.

Workplace violence is a severe problem in California. It has claimed the lives of 57 people in the state in 2021. 1.3 million (average) violent crimes were recorded in workplaces nationwide between 2015 & 2019.

According to Labor Code 6401.9, there are four primary forms of workplace violence:

Type 1: It includes robberies & threats against staff members like security guards or janitors committed by people who have no right to be there.
Type 2: It frequently occurs at social welfare agencies or educational institutions, and is violence committed against staff members by clients, consumers, patients, pupils, or visitors.
Type 3: It refers to acts of violence committed against a worker by another worker, manager, supervisor, or former employee, frequently as a result of alleged unfairness at work.
Type 4: As in Type 3 violence, however, the association is external rather than internal, the perpetrators of Type 4 violence are individuals who are not employees of the business, but have some personal connection to a worker.

Every type of violence can take place in working environments, and this is why it is essential to resort to comprehensive preventive measures. Retail properties that are vulnerable to Type 1 emergency situations, e.g., robberies, can suffer a Type 3 emergency because of personal conflicts between employees.

Who must follow the rules?

With the following particular exceptions, the new law on workplace violence prevention encompasses “all employees, employers, workplaces, and company-provided housing”:

California’s current workplace prevention guideline for the healthcare sector applies to both employers and healthcare facilities (Title 8, Section 3342, Code of Regulations)
The Division of Corrections & Rehabilitation’s facilities
Some law enforcement organizations
Employees who work remotely
Employment locations that are closed to the general public and where there are never more than ten workers at a time

Failure to follow the new rule by 1st July 2024 would lead to enforcement by Cal/OSHA. It would possibly include inspection, tickets, and penalties for employers who failed to meet the requirements.

We must bear in mind that even though the law has its own exceptions, the Occupational Safety & Health Act compels all companies to provide their workers with a safe and healthy working environment. In order to protect their respective workmen and minimize potential liability, even the businesses that are on the exemption list need to consider implementing violence prevention plans.

Essential Elements of a California Workplace Violence Prevention Plan

Employers are required under SB 553 to create and implement a documented WVPP that is specific to every workplace. Every work location and activity has unique risks, which the plan has to tackle and find suitable corrective measures to reduce. At least once a year, as well as after a workplace violence occurrence or whenever a shortcoming is noticed, employers must assess their WVPP.

A thorough WVPP needs to have the following components:

1. Parties in charge

The names or positions held by those in charge of carrying out and upholding the plan.

2. Employee involvement

Tactics to get workers & their representatives actively involved in creating, carrying out, and evaluating the plan, including reporting incidents, identifying hazards, and providing training.

3. Cooperation with other employers

Techniques the company will take to work with other employers to organize the plan’s implementation, if necessary (such as at multi-employer workplaces).

4. Reporting & responding to incidents

Employer guidelines need to be prepared for handling incidents/accusations of workplace violence and forbidding retaliation against workers who raise issues or concerns.

5. Compliance

Strict rules to guarantee adherence to the plan by both managerial & nonsupervisory staff.

6. Communication

Regulations for informing staff members about workplace violence issues, such as how to report issues/instances, how issues will be looked into, how staff members will be notified of the findings, and any corrective measures executed.

7. Response to Emergency situations

Emergency response rules at the workplace include how employees must be warned and informed about the imminent threats, the procedure of evacuation, the defense strategies, and the methodology to seek the aid of police (law enforcement) or emergency responders.

8. Training

Training guidelines on how to prevent violence in the workplace on the part of staff members.

9. Identification and reduction of hazards

Protocols, such as planned inspections, are used to detect, assess, and address workplace violence risks.

10. Response and inquiry following an incident

Protocols for handling and looking into cases of workplace violence.

11. Revision and review of the plan

Procedures to check the effectiveness of the plan and an option to revise it where necessary.

These are the building blocks of a holistic WVPP and are important to ensure that there is a definitive pattern and a process that a firm can employ to prevent and deal with cases of workplace violence.

Evaluating Risk Factors in Organizations

It is the work of employers to consider the institutional risk factors that can contribute to the occurrence of work-related violence and the presence of certain warning signs. Employers can offer a workplace that is safer and secure by identifying these risk factors and mitigating them.

The most common risk factors in the organization are:

1. High levels of stress at work

Conflict and unhappy work environments are evident when workplaces are marked by overworking, strict time schedules, and improper communication standards. Employers should establish a culture that will help them address the stress level and encourage a good work-life balance.

2. Insufficient resources for support

Workers who lack support/access to facilities that can assist them in taking care of their mental health are likely to be emotionally/mentally distressed. This risk factor can be reduced by offering vast EAPs (employee assistance programs) and facilitating a favorable environment.

3. Insufficient safety procedures

Insecure working environments, fewer surveillance systems, dim lighting, or a lack of entry controls can predispose places to the possibility of violent incidents. The likelihood of any danger can be averted by enacting appropriate steps as well as undertaking security analysis from every now and then.

4. Improper resolution of conflicts

Companies that had a history of ineffective conflict management systems or unresolved conflicts are more susceptible to workplace violence. Teaching individuals about conflict resolution abilities and the establishment of clear protocols for resolving conflicts are some of the ways by which the progression of future conflicts can be prevented.

To reduce the likelihood of workplace violence, companies must create and put into place suitable corrective measures when dangers have been recognized and evaluated. These actions could be:

Utilization of physical safeguards, including CCTV cameras, better lighting, and access controls
Having strict guidelines & protocols for handling and reporting violent occurrences
Educating staff members on identifying and handling any threats
Culture of safety and easy communication in the whole company

Periodic review and update of the hazard assessment is necessary to ensure that WVPP is satisfactorily managing the changing risks and possible new hazards over time.

Creating a Balanced California Workplace Violence Prevention Plan

To follow SB 553 and to decrease the risk of work-related violence, California companies need to develop a holistic prevention plan that is drafted on the basis of their specific needs and risks. There are different parts that an effective strategy to facilitate comprehensive safety in the workplace will have to incorporate to ensure a successful effort is achieved.

1. Defined procedures and policies of the California Workplace Violence Prevention Plan

A successful preventative strategy is built on well-defined and communicated policies & procedures. Companies should establish policies that provide a list of prohibited behaviors, the meaning of workplace violence, as well as consequences in case of policy violation. These rules should be reviewed regularly so as to make them reflect the dynamic nature of best practices and regulations.

2. Awareness and Training for Employees

In order to raise awareness of violence at work prevention and give staff members the information and abilities they need to recognize and address such threats, regular training for staff is crucial. Training subjects ought to cover:

Identifying impending violence’s warning indicators
Conflict resolution abilities and de-escalation strategies
Appropriate protocols for reporting incidents
Procedures for emergency reaction
Strategies for intervention by bystanders

All members of the staff, especially managers & supervisors, need to get frequent training to guarantee continued awareness and readiness.

3. Reporting and Investigating Incidents under California Workplace Violence Prevention Plan

For workplace violence issues to be quickly identified and addressed, a simplified incident reporting procedure is essential. Employers must establish a reporting procedure whereby employees can report certain areas of concern or incidents without living in fear of penalization. The reporting procedure should clearly have instructions about the process of looking into reports and recording the findings, and what should be done to correct the situation.

4. Risk management and threat assessment

To assess the seriousness and reliability of possible risks, employers should create a clear threat assessment procedure. This procedure should be done by a multidisciplinary team, which must include representatives of the human resources, law, security, and behavioral health (when there is a need to). The group needs to be trained regarding the way they are to perform a thorough assessment, develop risk management plans, and implement appropriate actions.

5. Recovery & Crisis Response

Workplace violence may occur despite all the measures taken to avoid it. Employers should have a comprehensive plan for responding to the crisis in an attempt to minimize the effect on the employees and ensure the speed and efficiency of the response.

The following should be included in the California Workplace Violence Prevention Plan:

Procedures for emergency communication
Guidelines for evacuation and locations of safe havens
Cooperation with emergency services and local police
Providing affected employees with emotional assistance and medical attention
Counseling and debriefing after an incident

The regular review and preparation through the drills or tabletop exercises can always equip all staff members to cope with the situation of a real catastrophe.

Template for California Workplace Violence Prevention Plan

Cal/OSHA has released a fillable sample WVPP template to help employers create their own WVPPs. The example template is a useful tool, but employers are not obligated to use it; they can design their own plan, use a different template, or include workplace violence prevention as a distinct element of their current IIPP (Injury and Illness Prevention Program).

The following sections are included in the model template:

Policy for Workplace Violence Prevention Policy
Definition of Workplace Violence
Roles and Responsibilities
Identification of Hazard and its Assessment
Reporting of Incident and Investigation
Correction
Training & Instruction
Recordkeeping
Review & Update of Plan

The Cal/OSHA document should answer all of an inspector’s questions during a safety inspection if it is filled out by the employer. Please keep in mind that in certain ways the template exceeds the new law’s minimal criteria.

When employing the template, employers should carefully weigh the tradeoffs. They might get great benefit from starting with the model plan, modifying it to fit their unique requirements, and making sure that the new law’s requirements are met. Businesses can create a more efficient and focused WVPP by tailoring the template to their particular work settings, risks, and personnel demographics.

Records of Violent Incidents

All companies are required to keep/maintain a violent incident record for each instance of workplace violence beginning 1^st July 2024. Specific details of every incident must be included in the log, including:

The incident’s time and date
A thorough account of what happened.
The classification of the offender (such as client, stranger, coworker, partner, or spouse)
The incident’s conditions at the time
The incident’s location
The incident’s repercussions, such as whether law enforcement was called and the steps taken by the employer to guard against an ongoing threat
Details about the individual who filled out the log entry

Logs also need to specify the particular incident type from four legally mandated categories:

When someone who’s got no right to be there acts violently against an employee,
A consumer, patient, or visitor committing assault on an employee
Violence committed against a worker by a former or present worker
Violent acts by a non-employee having a personal connection to an employee

Penalties for Failure to Comply

The new regulation will be implemented by Cal/OSHA using its routine structure for inspections, citations, and penalties. Potential punishments could be very harsh, depending on the type of alleged infraction/violation:

For “serious” infractions, fines of as much as $25,000 are possible.
Penalties for “willful” violations might reach $153,744 in total.

Requirements for Recordkeeping

Employers are required to keep the following documents under the new law:

Records of the identification, assessment, and remediation of workplace violence hazards (five years)
Investigations of incidents of workplace violence (five years)
Records of violent incidents (five years)
Records of training (one year)

Conclusion

Employers in California have to take aggressive steps towards the grave problem of work-related violence. Ever since the enactment of SB 553, all companies are obligated by law to design, implement, and maintain comprehensive workplace violence prevention plans to protect their employees against potential risk.

It is necessary to comprehend the scope of the violence in the workplace, recognize the warning signs, assess the risk factors within an organization, and implement numerous strategies, including open policies, employee training, reporting the incidents, assessing the threats, and addressing the crisis, among many others, to develop an effective prevention plan.

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California Workplace Violence Prevention Plan: Employer Responsibilities

Introduction

The Range of Violence in the Workplace

Workplace Violence: What is it?

Who must follow the rules?

Essential Elements of a California Workplace Violence Prevention Plan

Evaluating Risk Factors in Organizations

Creating a Balanced California Workplace Violence Prevention Plan

Template for California Workplace Violence Prevention Plan

Records of Violent Incidents

Penalties for Failure to Comply

Requirements for Recordkeeping

Conclusion

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