Cal/OSHA Provides Model Workplace Violence Prevention Plan Ahead of July Deadline
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On September 30, 2023, California Governor Newsom signed Senate Bill 553 (“SB 553”) into law, which requires employers to implement and maintain an effective Workplace Violence Protection Plan (WVPP) by July 1, 2024. Cal/OSHA is the agency responsible for enforcing the requirements of SB 553, now codified with CA Labor Code Section 6401.9.
The wait for guidance is over, now that Cal/OSHA has published a Model WVPP for employers to use to meet their obligations under the new law. Employers are not required to use the model, but may adopt it as a template. Similar to Cal/OSHA’s models for preventing injury and illness or COVID-19, the Model WVPP is designed to assist employers in drafting their own plans. Within the model are numerous questions and examples for employers to consider as they assess the risks in their workplaces and fill in the blanks of the template accordingly.
A written WVPP may either be incorporated into an existing injury and illness prevention program or maintained as a separate document by no later than July 1st. Failure to comply with the extensive requirements of SB 553 could result in penalties as high as $153,744 for each willful violation. In addition to the Model WVPP, Cal/OSHA also released a fact sheet for employees regarding the new requirements.
The WVPP must include:
The name(s) or job title(s) of the person(s) responsible for implementing the WVPP;
Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the WVPP;
Methods the employer will use to coordinate implementation of the WVPP with other employers, when applicable, to ensure that those employers and employees understand their respective roles;
Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report;
Effective procedures to ensure that supervisory and nonsupervisory employees comply with the WVPP;
Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to:
How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal; and
How employee concerns will be investigated, and how employees will be informed of the results of the investigation and any corrective actions to be taken;
Effective procedures to respond to actual or potential workplace violence emergencies;
Procedures to develop and implement required training regarding workplace violence and the WVPP;
Procedures to identify and evaluate workplace violence hazards, as well as procedures to correct any hazards identified;
Procedures to respond to incidents and investigation;
Procedures to review the effectiveness of and revise the WVPP, as needed; and
Procedures or other information required by CalOSHA and the Occupational Safety and Health Standards board as being necessary and appropriate to protect the health and safety of employees.
If you have any questions about California’s SB 553 or need assistance with developing and implementing a WVPP to ensure workplace safety, please reach out to Martell Media House.
The contents of this article are intended to convey general information only and not to provide legal advice or opinions, and should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. Nothing in this article is an offer to represent you, and is not intended to create an attorney-client relationship.