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Beginning July 1, 2024, California employers throughout all industries will need to have a written Office Violence Prevention Plan (“WVPP”) in place. As beforehand reported, the just lately enacted SB 553 established this new requirement, together with necessary worker coaching, preliminary and periodic office violence hazard inspections, and upkeep of a violent incident log and different associated data. On March 18, 2024, California’s Division of Occupational Security and Well being (“Cal/OSHA”), the company accountable for imposing the brand new legislation’s necessities, introduced the creation of its Cal/OSHA Office Violence Prevention Steerage and Sources webpage. The webpage comprises steering and academic supplies on the brand new legislation and office violence prevention, a mannequin WVPP, reality sheets, and different sources for employers and staff. 

1. Common Impression of Cal/OSHA Steerage

Cal/OSHA ceaselessly publishes steering, together with mannequin plans, to help employers with compliance on security rules that require written plans and packages (comparable to California’s Damage and Sickness Prevention Program regulation). Though employers are usually not required to make use of the mannequin plans, they will function a “fillable template” and supply the fundamental framework for numerous required procedures and insurance policies. That stated, the plans normally are written in a option to make them broadly relevant to all employers. Furthermore, as a result of they’re written with worker security as the final word focus, some provisions might go above and past what rules require. 

2. Abstract of Cal/OSHA’s Steerage

The newly created Cal/OSHA Office Violence Prevention Steerage and Sources webpage on Cal/OSHA’s web site comprises numerous sorts of steering and academic supplies on the brand new legislation and office violence prevention. The web page notes that “FAQs on the brand new necessities of SB 553 and different associated data” are “coming quickly.”

Cal/OSHA’s mannequin WVPP is nineteen pages lengthy and consists of the next:

• A short overview of the brand new legislation;
• Instructions on drafting the plan;
• The WVPP itself, together with definitions for key phrases and numerous sections protecting the necessities of the brand new legislation; and
• A Violent Incident Log kind.

Cal/OSHA additionally revealed two reality sheets: one for employers and one for staff. The employer reality sheet is a three-page doc that gives an summary of the assorted necessities for employers beneath SB 553 (codified as new California Labor Code part 6401.9). Particularly, the employer reality sheet lists the assorted gadgets employers should embody of their WVPP, data that employers should embody of their violence incident logs, coaching subjects, further employer duties, and associated rules. Cal/OSHA additionally created a Cal/OSHA Office Violence Prevention for Common Business (Non-Well being Care Settings) webpage that comprises a lot of the identical data. The very fact sheet for workers explains what constitutes office violence and identifies the 4 sorts of office violence. It additionally identifies coaching that employers should present, explains how staff might help stop office violence, and identifies what rights staff have beneath the brand new legislation.

3. Substantial Customization of the Mannequin WVPP Is Needed

In some situations, an employer can make the most of Cal/OSHA’s mannequin plan with out having so as to add a lot. Nonetheless, part 6401.9 requires employers to develop and implement numerous procedures to answer and examine office violence incidents, acts, threats, considerations, and emergencies. The kind of response and threat of potential publicity to office violence can differ by office, location, trade, and so forth. Consequently, the mannequin WVPP comprises ideas, questions, and examples for employers to think about as they assess potential dangers of their workplaces. For instance, the mannequin WVPP features a prolonged record of hazards (e.g., whether or not staff have money readily available, whether or not staff are uncovered to hostile conditions) and potential corrective motion (e.g., set up of surveillance programs, controlling entry by non-employees). Cal/OSHA notes that an employer’s use of the mannequin WVPP by itself doesn’t guarantee compliance with part 6401.9 and that employers are nonetheless responsible for any violations of part 6401.9 no matter their use of the mannequin WVPP. In different phrases, the mannequin WVPP is merely a place to begin for employers to construct upon, and employers nonetheless should determine, add, and implement adequate procedures themselves. 

4. Some Areas of Focus in Cal/OSHA’s WVPP

Notably, the mannequin WVPP asks employers to explain procedures involving staff, particularly: (i) how staff can report considerations or incidents; (ii) how staff can be educated; (iii) how worker compliance can be ensured; (iv) how investigation findings can be delivered to staff; (v) how something associated to office violence can be communicated to staff; and (vi) how staff can be rewarded for contributing to creating the office safer. Thus, a WVPP that generically addresses the necessities of part 6401.9 with out offering any specifics might lead to additional investigation by Cal/OSHA.

The mannequin WVPP additionally locations a big emphasis on staff’ involvement in growing the WVPP, seemingly stemming from the legislation’s requirement that the WVPP embody “[e]ffective procedures to acquire the energetic involvement of staff and licensed worker representatives in growing and implementing the plan, together with, however not restricted to, by means of their participation in figuring out, evaluating, and correcting office violence hazards, in designing and implementing coaching, and in reporting and investigating office violence incidents.” As such, employers ought to guarantee they don’t simply pay that requirement lip service and really take some steps to contain staff within the means of growing their WVPP. 

5. Major Takeaways

Though California employers nonetheless have just a few months earlier than part 6401.9 turns into efficient, they need to start drafting their WVPP quickly in the event that they haven’t executed so already. The mannequin WVPP displays that the procedures required by part 6401.9 are trade and worksite-specific, and thus an employer’s WVPP can be distinctive and require some stage of consideration and customization to make sure compliance. Employers with any questions or considerations about compliance ought to seek the advice of with skilled employment legislation counsel.

This text isn’t an unequivocal assertion of the legislation, however as a substitute presents some potential points to think about with counsel. That is supplied for informational functions solely and doesn’t represent authorized recommendation and isn’t meant to kind an attorney-client relationship. Please contact your Sheppard Mullin legal professional for added data.

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