Last year, Governor Newsom signed Senate Bill 553, which requires almost all California employers to establish, implement, and maintain an effective workplace violence prevention plan. Employers are also required to keep a violent incident log, train employees on the workplace violence prevention plan, and keep records of workplace violence hazard identification, evaluation and correction. Employers must comply with these requirements by July 1, 2024.

CalOSHA Model Plan

The good news for employers is that Cal OSHA has published a Model Written Workplace Violence Prevention Plan for General Industry (Non-Healthcare Settings) (“Model Plan”). The 19-page template contains instructions for employers to fill out the plan to adapt it to their business. Employers are not required to use the Model Plan, but it may provide a useful starting point for development of a plan.

Whether employers use the Model Plan or other resources to develop their workplace violence prevention plan they should remember to include the following information:

1. The names and job titles of persons responsible for implementing the plan. If multiple people are in charge of implementing the plan, their roles should be clearly described.
2. Methods the employer will use to coordinate implementation of the plan with other employers.
3. Effective procedures, including, but not limited to, for the following:
   • To obtain employees’ and authorized representatives’ active involvement to implement the plan. This includes identifying, evaluating, and correcting workplace violence hazards.
   • For the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report.
   • To ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
   • To communicate with employees regarding workplace violence matters, including, but not limited to, how to report a violence threat or other workplace violence concern to the employer or to law enforcement without reprisal.
   • To respond to actual or potential workplace violence emergencies, including alerting employees and evacuation plans.
   • To provide training prescribed under Labor Code section 6401.9(e).
   • To identify and evaluate workplace violence hazards, including employee concerns and how employee concerns will be investigated.
   • To correct workplace violence hazards that are identified.
   • To review the effectiveness of the plan and revise the plan as needed.

Workplace Violence Prevention – Fact Sheet

In addition to publishing the Model Plan, CalOSHA also published a Workplace Violence Worksheet Fact Sheet. The fact sheet includes a summary of plan components, along with information for employers about the violent incident log requirements, training employees on workplace violence, and employer responsibilities with workplace violence recordkeeping requirements.

Employers have four months to create and implement a workplace violence prevention plan, and CalOSHA’s Model Plan should help with task and meeting the deadline. Nevertheless, if you have any questions about creating or implementing a workplace violence prevention plan, or some of the related requirements, please do not hesitate to contact us.

• Saba Zafar (szafar@wilsonturnerkosmo.com)
• Katie M. McCray (kmccray@wilsonturnerkosmo.com)

Wilson Turner Kosmo’s Special Alerts are intended to update our valued clients on significant employment law developments as they occur. This should not be considered legal advice.