By July 1, all employers in California will be required to comply with the state’s newly enacted workplace violence prevention law, making California the first state to implement such comprehensive requirements applicable across diverse sectors. The legislation requires employers to establish a Workplace Violence Prevention Plan (WVPP) to address site-specific risks, train all workers about the plan’s components, institute a log for recording violent incidents and threats, and maintain records illustrating compliance with the above mandates and additional statutory requirements.
This is a challenging task, confirmed by the state’s Division of Occupational Safety and Health (DOSH), which stated it would start enforcing the law immediately without any grace period. Thus, California employers have a lot to do to satisfy the deadline and dodge severe penalties linked to non-compliance.
California is a commonplace trendsetter on matters connected to guarding workers from preventable workplace harms. Numerous legislations, including the workplace violence prevention law, have their roots in regrettable tragedies. State Sen. Dave Cortese (D-San Jose) initiated Senate Bill 553 after a mass shooting at a workplace within his district, which claimed ten lives.
Workplace violence isn’t unique to California, however. A 2022 joint study on workplace violence reveals that, on average, over one million non-fatal incidents and several hundred fatal cases occur annually.
Other states, like New York and Minnesota, are already recognizing the potential influence of California’s law, with pending bills and proposals that mandate corporations to implement workplace violence prevention programs.
California’s admirable intentions in preventing workplace violence place a significant burden on employers to comply with the law’s numerous requirements. This compliance process has been complicated further, given that the body responsible for regulations regarding the statute is yet to release them and probably won’t do so in the immediate future. Therefore, several employers remain uncertain about how to formulate a WVPP and train their workers in a manner that guarantees they meet the law’s standards before its enforcement begins.
To help California employers, several steps have been suggested that would reflect good-faith attempts in complying with the law. Beginning with a robust template can help employers tailor-make a WVPP suited to their specific work areas and operational challenges. Consultation with professionals, including legal counsel and occupational safety & health persons, to review WVPPs can also be highly beneficial. Furthermore, employers are advised to utilize available resources, such as guidance published by DOSH, and stay updated on future modifications to this guidance. Identifying and addressing workplace-specific risks as well as developing strategies to assist workers in avoiding any physical harm is also indispensable.
This article was contributed by Alexander Volberding and Brett Overby from Liebert Cassidy Whitmore, who represent public agencies and organizations in all aspects of labor and employment law.
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