California has long required employers to establish, implement and maintain an injury prevention program. With the passage of Senate Bill No. 553 (SB 553) last year, California has imposed now upon employers the additional obligation to establish, implement and maintain in all work areas, an effective workplace violence prevention plan (“WP Violence Plan”) which contains specified information. Beginning July 1, 2024 covered employers must adopt a WP Violence Plan which includes, among other things, the following:

• Record the names and job titles of persons responsible for implementing and maintaining the WP Prevention Plan;
• Provide effective training to employees on the WP Violence Plan;
• Emergency response protocols;
• Provide additional training when a new or previously unrecognized workplace violence hazard is identified and when changes are made to the WP Violence Plan;
• Creation and maintenance of records of workplace violence hazard identification, evaluation and correction and training records;
• Record information in a violent incident log for every workplace violence incident;
• Post incident response and investigation;
• The WP Violence Plans must be reviewed and updated on an annual basis.

Requirements for the WP Violence Plan are outlined in California Labor Code 6401.9. Additional changes were made to California Code of Civil Procedrue 527.8, which sets forth the requirements for obtaining a workplace violence restraining order. A sample WP Plan may be found at: https://www.dir.ca.gov/dosh/dosh_publications/Model-WPV-Plan-General-Industry.docx

Failure to comply with the requirements of SB 553 and implementation of WP Violence Plan can result in issuance of citations and civil penalties by Cal OSHA. Additional information may be found at https://www.dir.ca.gov/dosh/dosh_publications/WPV-General-Industry-for-employers-fs.pdf

Community Legal Advisors urges all of its employer clients to review the new requirements and discuss adoption and implementation of a plan with their insurance carrier, some of whom may provide more guidance.  

Of course, we stand ready to assist the Board or Management with their questions.

Very respectfully,

Community Legal Advisors Inc.
Jay Brown, Esq.