Governor Gavin Newsom approved Senate Bill 553, which mandates that employers in California establish a Workplace Violence Prevention Plan and provide training sessions for their employees on recognizing and preventing workplace violence. The deadline for implementation is set for July 1, 2024. Cal/OSHA will be responsible for enforcing the new law through its standard inspection, citation, and penalty framework. Depending on the severity of the violation, potential penalties can reach up to $25,000 for "serious" violations or $153,744 for "willful" violations. Employers found to be non-compliant will be required by Cal/OSHA to rectify the alleged violations to their satisfaction, which may involve making changes to their policies and procedures.
WVPP – Elements of the Plan
The WVPP may be incorporated into the written IIPP as a stand- alone section or maintained as a separate document and that it be specific to the hazards and corrective measures for each work area and operation. Requires that the WVPP include, among other things, the following elements:
a) Â The names or job titles of the persons responsible for implementing the WVPP .
b) Â Effective procedures to obtain involvement of employees and authorized employee representatives in development and implementation, as specified.
c) Â Employer methods to coordinate implementation of the WVPP with other employers, when applicable, to ensure that employers and employees understand their respective roles, including training and incidents logging.
d) Â Effective procedures for accepting and responding to reports of workplace violence and prohibit retaliation against an employee making such a report.
e) Â Effective procedures to ensure that supervisory and nonsupervisory employees comply with the WVPP, as specified.
f) Â Effective procedures to communicate regarding workplace violence matters, that include, among other things, ensuring employee reporting of incidents or threats without fear of reprisal and investigating employee concerns.
g) Â Effective procedures to respond to workplace violence emergencies, including, among other things, effective means to alert employees, evacuation or sheltering plans and how to obtain help from staff assigned to respond to these emergencies, if any, and law enforcement.
h) Â Procedures to identify, evaluate, and correct workplace violence hazards, as specified.
i) Â Procedures for postincident response and investigation.
j) Â Procedures to review the effectiveness of the plan and revise the plan as needed. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident.
Employers are required to provide effective training to employees, ensuring that the materials used are suitable for their educational level, literacy, and language skills.
The WVPP training must be conducted when the plan is initially established and annually thereafter, allowing for interactive questions and answers. Employers are required to maintain WVPP, training, and incident records for up to five years, making them accessible to the division, employees, and their representatives for examination and copying. Cal/OSHA is responsible for enforcing these provisions through the issuance of citations and civil penalties. Individuals who receive a citation and penalty have the right to appeal to the appeals board following existing procedures. Cal/OSHA must propose standards for the WVPP and any additional requirements deemed necessary by the division by December 31, 2025, with the standards board adopting them by December 31, 2026. The WVPP, violent incident log, training, and recordkeeping requirements will be effective starting from July 1, 2024.