First state law in U.S. to require workplace violence prevention plan
SACRAMENTO, Calif., June 4, 2024 /PRNewswire-PRWeb/ -- The California Employers Association (CEA) is helping lead the way for California employers navigating the State's new Workplace Violence Prevention Plan law, which goes into effect July 1, 2024. CEA, a trade association since 1937, is dedicated to supporting employers operating in all industries and sizes throughout California.
Signed by Governor Newsom in September 2023, California SB 553 creates the first general industry workplace violence prevention safety requirements in the United States. It is a considerable requirement for all businesses operating within California and employers should be preparing now to add it to their workplace safety training programs before the deadline in six weeks. Employers will be required to have a plan in place, solicit employee (and union) feedback, and train employees annually. For a nominal fee, CEA has developed a set of tools for employers, including a DIY (Do-It-Yourself) Workplace Violence Prevention Plan toolkit, as well as a live and recorded webinar tutorial. The next live webinars will be held on June 4 and June 19, 2024.
"Employers need to prioritize this plan and develop it immediately to be in compliance by July 1, 2024, which is why we developed DIY tools to help make that project as turnkey for them as possible," explained Kim Gusman, President, and CEO of California Employers Association. "While each plan must be customized to the needs of an individual business, we hope to help guide them and provide the necessary tools to simplify and expedite that process."
Workplace violence is broadly defined to include "any act of violence or threat of violence that occurs in a place of employment." Employers should actively prepare for various types of violence that may occur, which can include incidents in connection with retail theft and active shooter situations. These are only some examples; there are many more scenarios.
Employers are required to record all workplace violence incidents on a violent incident log and maintain records for a minimum of five years, with the exception of training records, which must be maintained for a minimum of one year.
The plan should not only address threats from coworkers but also from customers, vendors, former employees, an employee's family member or significant other, or from complete strangers. Incidents include:
• Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking,
punching, slapping, pushing, pulling, scratching, or spitting.
• Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
• Threat of physical force or threat of the use of a weapon or other object.
• Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or
physical sexual contact.
• Animal attack.
Most employers must implement this plan, and they need to customize the plan to their individual work areas and operations, within just a few weeks. Cal/OSHA will enforce the requirements under SB 553 (Labor Code Section 6401.9) and may issue citations before Cal/OSHA is even required to adopt its own standard. There are extremely limited exemptions to this law including:
• Employers already covered by the Workplace Violence Prevention Standard for Healthcare (or those that comply
with that standard);
• Employees teleworking from a location of the employees' choice that is not under the control of the employer;
• Places of employment not accessible to the public with less than 10 employees working on-site at any given time,
so long as they have a compliant Injury and Illness Prevention Plan;
• Certain facilities operated by the CA Dept. of Corrections and Rehabilitation and law enforcement agencies.
The DIY Workplace Violence Prevention Plan package is available here for $399 for non-members or $199 for members. A complimentary live Q&A webinar with CEA and the Safety Center about the law and the requirements is taking place on June 4, 2024, where anyone preparing their plan can ask questions. Registration for this California WVPP Requirements Live Q&A is here.
About California Employers Association (CEA)
California Employers Association (CEA) is a trade association dedicated to supporting employers in all industries and sizes throughout California, including out-of-state employers with California employees. Founded in 1937 to provide employers with peace of mind through exceptional HR solutions, training, and professional development services.
Membership is a valuable resource for businesses and empowers employers with the knowledge, resources, and tools necessary to comply with labor laws and regulations, manage their workforce, and improve their bottom line. CEA has HR advisors who can provide consultation and training in English and Spanish. For more info. please click here.
Media Contact
Heather Atherton, California Employers Association, 1 800-399-5331, [email protected], https://www.employers.org
Heather Atherton, AthertonPR, 1 916-316-4568, [email protected], www.athertonpr.com
SOURCE California Employers Association
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