By: Jonathan S. Vick, Partner at Atkinson, Andelson, Loya Ruud & Romo
The March - April edition of this magazine included an article entitled “SB 553-New Workplace Violence Prevention Requirements for California Employers.” The article discussed the requirements of SB 553 and elements of the mandated Workplace Violence Prevention Plan (“WVPP”). Since the article was published there have been several notable events. First, Cal/OSHA published its “Model Written Workplace Violence Prevention Plan for General Industry” which is available on the DIR website. Also, on April 2, 2024, Cal/OSHA published a “Frequently Asked Questions about Workplace Violence Prevention in General Industry” (“FAQ”) document on its website. Following are some of the highlights from the FAQ.
- SB 553 requires the “active involvement of employees and authorized representatives in developing and implementing the plan.” The statute is clear that it applies to a unionized workforce, but what about non-unionized workplace? The FAQ clarifies that the new law applies to both union and non-union worksites.
- Does each workplace site need a dedicated plan, or can an organization use a corporate plan for all sites? Cal/OSHA does not specifically answer, but rather states that “[e]mployers are required to ensure that their written WVPP is specific to the hazards and corrective measures for each work area and operation.” It may be possible to have a general plan which is customized for each location depending on the worksites and hazards at each location.
- Employers do not need to develop a specific workplace violence reporting system. The employer should already have a system for communicating on matters relating to occupational safety and health, and this system should be utilized for workplace violence reporting as well.
- The workplace violence prevention postings should be posted in a “conspicuous place where employees report each day, like common areas, and have easy access to them.” For outdoor locations they can be posted where other required notices are posted.
- How employers make the WVPP available will vary based on the worksite. Examples include having the plan available in common areas in a binder or posting it on the District’s website. However, it must be available and easily accessible to employees, authorized representatives, and Cal/OSHA at all times.
- Employers do not have to use the Cal/OSHA model written WVPP, but they must include all the elements listed in Labor Code Section 6401.9 (d)(2).
- If employees do not feel comfortable reporting workplace violence to their employer, then they are directed to report incidents to local law enforcement or the local Cal/OSHA enforcement office.
- The WVPP and the required training must be completed by July 1, 2024. There is no grace period for developing the WVPP and then providing training after July 1, 2024.
If your district has not already started developing a WVPP then the time to start is NOW! It will take some time to properly develop a plan which includes the active involvement of employees. Also, depending on the size of your workforce, you will need to allow time for training which must include an opportunity for “interactive questions and answers with a person knowledgeable about the employer’s plan.” This could be a daunting task. AALRR has experienced attorneys who can assist you in navigating the requirements of SB 553. AALRR has also developed a Toolkit document which can assist you in developing your WVPP.