California's New Workplace Violence Prevention Plan Requirements

Governor Newsom has signed a new law requiring most California employers to develop, implement, and maintain a written Workplace Violence Prevention Plan by July 1, 2024. This law is modeled after the 2017 Cal/OSHA regulations for the healthcare industry. In response, BRGS has partnered with the California Hotel and Lodging Association to create a model plan and detailed instructions for compliance.

Covered Employers and Workplaces

The new law applies to nearly all private employers in California, with exceptions for those already covered under Cal/OSHA’s existing healthcare regulations. Workplaces with fewer than 10 employees that are not accessible to the public and have a compliant Injury & Illness Prevention Plan (IIPP) are also exempt.

Compliance Requirements

The law mandates four primary actions:

1. Creation of a Written Plan: Employers must develop a Workplace Violence Prevention Plan by July 1, 2024.

2. Incident Log: Maintain a log of workplace violence incidents similar to the Cal/OSHA incident log.

3. Employee Training: Provide effective training on workplace violence prevention.

4. Recordkeeping: Keep detailed records as specified by the law.

Developing the Plan

The Plan must be tailored to the specific workplace and can be part of an existing IIPP or a separate document. It must be reviewed annually, after any incident, or when deficiencies are noted. The Plan must include:

1. Names of those responsible for implementation.

2. Employee participation in developing and implementing the Plan.

3. Coordination methods with other employers on site.

4. Procedures for reporting and responding to workplace violence.

5. Compliance procedures.

6. Emergency response protocols.

7. Training information.

8. Hazard identification and evaluation procedures.

9. Procedures for correcting identified hazards.

10. Post-incident response and investigation procedures.

Incident Log

Employers must maintain a separate log for workplace violence incidents, which should be kept for at least five years and be available to Cal/OSHA upon request. The log must exclude personal identifying information and adhere to special rules for multi-employer worksites.

Training Requirements

All employees must receive interactive training on workplace violence prevention:

• Initially when the Plan is established.

• Annually thereafter.

• When new or previously unrecognized hazards are identified, or the Plan is updated.

Recordkeeping

Employers must retain records related to hazard identification, evaluation, and correction, as well as incident investigations and logs, for five years. Training records should be kept for at least one year.

Next Steps

Employers should start preparing their Workplace Violence Prevention Plan now. This includes analyzing workplace hazards, formulating response protocols, and ensuring active employee participation. Coordination with other employers on multi-employer worksites is also essential.

Anti-Retaliation Provisions

The new law includes protections against retaliation for employees who raise concerns or complaints about the Plan. Employers must ensure that all levels of management and HR teams are aware of and support these requirements.

BRGS has developed a model Plan and toolkit to assist companies with compliance. The toolkit includes a customizable model plan and a detailed FAQ. Additionally, a 60-minute webinar featuring Katherine A. Hren and Charles W. Foster explains the necessary steps to create and implement the Plan. For more information, contact your firm representative or call (818) 508-3700 and mention the new Cal/OSHA Workplace Violence Prevention Plan.