Workplace Violence Prevention Plan Update – Cal/OSHA Released FAQs Ahead Of The July 1st Implementation Deadline

As promised, Cal/OSHA recently published Frequently Asked Questions (FAQs) addressing various aspects of the Workplace Violence Prevention Plan (“WVPP”) that most employers must have in place by July 1, 2024.  You can access these FAQs here.  While the FAQs are not exhaustive, employers can find answers to some key questions about the required content of their written WVPP, how to implement the WVPP and related training requirements.  A few of the FAQ’s are discussed below.

Specific WVPP - A key takeaway is that “Employers are required to ensure that their written WVPP is specific to the hazards and corrective measures for each work area and operation.”  (FAQ No. 14).  Meaning that employers who operate at multiple locations or have several work areas and operations within the workplace must design a WVPP that accommodates all those areas rather than using a general “corporate plan.”  Accordingly, while Cal/OSHA’s model plan is a good starting point for employers, there are nuances in how to structure WVPPs to reflect the concerns and issues at their worksites. 

Employee Input - Employers are required to have in place “effective procedures to obtain the active involvement of employees” in developing and implementing the WVPP.  The scope of this requirement is not well defined.  It appears that there should be opportunities for employees to provide input on the content of the WVPP, including relating to the identification of workplace violence hazards and how to address those hazards.  Examples of ways to solicit employee input are: (1) written surveys; (2) interviewing a representative sample of employees; and (3) circulating a draft WVPP for employees to review and comment on prior to WVPP finalization and training. 

Training Required -  In addition to having a compliant written WVPP in effect on or before July 1, 2024, employers must also provide initial training to all employees when the WVPP is implemented.  Training on the WVPP is then required annually.  Additional training shall also be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the WVPP (though the training may be limited to addressing the new hazard or changes to the WVPP).  While they have not done so, we expect Cal/OSHA will provide a training course for employers to use.

We suggest not leaving this for the last minute. 

Stradling Has Resources To Help You Stay Compliant

We encourage you to reach out to your Stradling attorney if you have any questions, or need assistance with the WVPP requirements.