California's Workplace Violence Prevention Plan: Are You Ready?

If you, like me, are wondering where the time has gone, you may realize that July 1st has snuck up on you, and you aren’t any closer to putting your Workplace Violence Prevention Plan (WVPP) together than you were six months ago. Don’t stress; this guide outlines everything you need to assemble a cohesive WVPP.

It's important to understand that workplace violence is a critical issue and should not be taken lightly so it is crucial that when developing your plan, you put the necessary thought and coordination in place. Workplace violence continues to affect the workplace. According to the Bureau of Labor and Statistics and the National Safety Council, in 2022 alone, there were 525 fatalities due to workplace assaults; additionally, thousands of workers report non-fatal injuries each year, with 57,610 assaults leading to injuries in 2021-22.  

For those who are unfamiliar with the WVPP or thought they were exempt - you may want to think again; the specific exemptions are limited and fall into three categories:

1. Healthcare Employers: Employers already covered under Cal/OSHA's Workplace Violence Prevention in Healthcare standard (8 CCR 3342) are exempt from the new general industry requirements.

2. Teleworking Employees: Employers with employees who telework from locations not under the employer's control (such as their homes) are exempt.

3. Small Workplaces: Workplaces that are not accessible to the public and have fewer than ten employees working at any given time are also exempt.

The WVPP law is embedded in the broader framework of occupational safety and health regulations, particularly under Cal/OSHA guidelines, through the implementation of Senate Bill 553. The law applies to nearly all employers, with few exceptions noted above. Specific requirements exist for certain high-risk sectors, such as healthcare, social services, and late-night retail. The legislation outlines a structured approach to managing workplace violence through assessment, planning, training, and continuous improvement.

Key Requirements Under the Law

1. Written Prevention Plan:

Employers must develop and maintain a written Workplace Violence Prevention Plan tailored to their workplace's specific needs and risks.

The plan must be readily accessible to employees and include procedures for identifying and evaluating workplace violence hazards.

2. Risk Assessment:

• Conduct a thorough assessment of potential workplace violence risks regularly. Considering past incidents, the nature of the work, and working conditions.

3. Preventive Measures:

• Implement preventive measures based on the risk assessment. This can include environmental design changes, administrative controls, and personal protective equipment.

• Specific strategies might involve improving workplace security, enhancing lighting, controlling access to facilities, and establishing emergency response procedures.

4. Employee Training:

• Provide all employees with training on the Workplace Violence Prevention Plan, including recognizing potential hazards, responding to violent incidents, and reporting concerns.

• Training should be conducted initially upon employment and periodically thereafter to ensure ongoing awareness and preparedness.

5. Incident Reporting and Investigation:

• Establish clear procedures for reporting workplace violence incidents, allowing employees to report without fear of retaliation.

• Investigate all reported incidents promptly and thoroughly to identify root causes and implement corrective actions.

6. Recordkeeping and Documentation:

• Maintain detailed records of the workplace violence prevention plan, risk assessments, training sessions, and incident investigations.

• Documentation is essential for compliance and evaluating the effectiveness of prevention measures, and making necessary adjustments.

Additional Requirements for High-Risk Sectors

Certain sectors, such as healthcare and late-night retail, face unique risks and have additional requirements under the WVPP law:

Healthcare:

• Conduct annual reviews of their WVPP with employee participation in developing and implementing the plan.

• Report certain types of violent incidents to Cal/OSHA.

Late-Night Retail:

• Implement additional security measures, such as adequate lighting, clear visibility inside and outside the store, and installing security systems.

Non-compliance with the items listed above can result in significant penalties, including fines and other legal consequences. Cal/OSHA is responsible for enforcing the WVPP law; businesses must understand and adhere to its requirements.  The time has come; if you have not established your WVPP, don’t delay further. 

Are you interested in WVPP templates, help creating a plan, or just learning more? 

And check out our most recent Fireside Chat on the topic, with Krista Mitzel, Founder and Managing Partner of The Mitzel Group and Staffod Jacobs, Principal at CAL Insurance along with our very own Becky Barton, CEO of People415.