Planning for the Plan: Cal/OSHA Publishes Model Workplace Violence Prevention Plan and Fact Sheet

As many employers now know, Senate Bill 553 (“SB 553”) mandates that covered employers implement their written Workplace Violence Prevention Plan(s) and employee training programs by July 1, 2024.  On March 1, 2024, Cal/OSHA released a model Plan which employers may now use to get a head start on preparing their Plan(s). However, in addition to the Model Plan being fairly bare bones with lots of customization required, as is the case with new legislation, some uncertainties still remain.  As noted below, contact one of our attorneys if you need assistance in preparing the final Plan(s) for your company.

What are the Key Requirements of SB 553?

1. 1. Workplace Violence Prevention Plan: Employers must establish, implement, and maintain effective Workplace Violence Prevention Plans tailored to all work areas and be specific to the hazards and corrective measures for each work area and operation. (That is why we reference “Plan(s),” as some employers will require multiple Plans.)
   2. Recordkeeping: Employers are required to maintain a log for every incident of workplace violence; incident investigation records; records of workplace violence hazard identification, evaluation and correction; and training records. Workplace violence logs shall be maintained for a minimum of five years.
   3. Employee Training: Employers must provide training to employees when the Plan is implemented and annually thereafter. Additionally, training is required when new or previously unrecognized workplace violence hazards are identified, or when changes are made to the Plan.   

Ensuring Workplace Violence Prevention Plans Comply With SB 553

Cal/OSHA issued a “model” Workplace Violence Prevention Plan (accessible here).  Cal/OSHA will also be issuing answers to frequently asked questions (“FAQs”) be released sometime before July 1, 2024. Those FAQs may answer some, but not all, of the uncertainties discussed in this Alert as well as provide other useful information.  While the Cal/OSHA’s Health & Safety Fact Sheet (accessible here) outlines the required elements of the Plan, a good amount of customization will be required.  Per the Fact Sheet, at a minimum the Plan must include:

1. 1. The names of persons responsible for its implementation;
   2. Effective procedures for employee involvement in developing and implementing the Plan;
   3. Methods to coordinate implementation of the plan with other employers, when applicable (e.g., multiple employers at single worksite, but whether that includes situations where there are temp workers supplied by a staffing company is not clear);
   4. Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee;
   5. Procedures to ensure compliance from employees, including supervisors;
   6. Procedures to communicate with employees regarding workplace violence matters;
   7. Emergency response protocols;
   8. Training provisions;
   9. Procedures to identify and evaluate workplace violence hazards that include inspections with the following frequency: (a) when the plan is first set up, (b) periodically scheduled, (c) after violent incidents, and (d) whenever a new hazard becomes known;
   10. Procedures to timely correct workplace violence hazards identified and evaluated;
   11. Procedures for post-incident response and investigation;
   12. Procedures that allow for plan review: (a) annually, (b) when a deficiency is observed or becomes apparent, and (c) after a workplace violence incident; and
   13. Any other procedure necessary for employee health and safety as required by the Division of Labor Standards Enforcement and Cal/OSHA Standards Board (nothing specified thus far).

Who is Covered by SB 553?

SB 553 will apply to all California employers with the following exceptions:

1. 1. Health care employers who must still abide by other workplace violence prevention standards (accessible through the Department of Industrial Relations here);
   2. Places of employment where there are less than 10 Employees working at the place at any given time and that are not accessible to the public;
   3. Employees teleworking from a location of the employee’s choice, which is not under the control of the employer (i.e. working from home or choosing to work at a coffee shop or work sharing office);
   4. Facilities operated by the Department of Corrections and Rehabilitation; and
   5. Law enforcement agencies in compliance with the Commission on Peace Officer Standards and Training Programs.

What Needs to be Covered in the Training?

Cal/OSHA’s Health & Safety Fact Sheet provides an overview of the aspects that need to be covered in the training, including:

1. 1. Familiarizing employees with the Plan, how to obtain a copy, and how to participate in the development and implementation of the employer’s Plan;
   2. Definitions and requirements of Labor Code section 6401.9;
   3. How to report workplace violence incidents without fear of retaliation;
   4. Understanding of job-specific violence hazards and preventive measures;
   5. Purpose of the violent incident log and how to obtain related records;
   6. Opportunities for interactive discussions with someone knowledgeable about the employer’s Plan.

Stradling Has Resources To Help You Plan Ahead

Each covered employer needs to have its Plan(s) in place by July 1, 2024.  We are committed to assisting you in navigating the requirements of SB 553 and ensuring your workplace remains safe and compliant. Please feel free to reach out with any questions or concerns.