California Implements Groundbreaking Workplace Violence Prevention Laws

California has taken a significant step towards enhancing workplace safety with the introduction of new workplace violence prevention laws, effective July 1, 2024. These laws mandate that most employers develop and implement comprehensive workplace violence prevention plans (WVPP) to protect employees from potential threats and violence in the workplace.

Key Takeaways

  • Effective Date: July 1, 2024, for compliance with the new laws.
  • Who Is Affected: Most California employers, with limited exceptions.
  • Plan Requirements: Employers must create a detailed WVPP, conduct risk assessments, and provide employee training.
  • Training Obligations: Initial training by the compliance date and annual retraining thereafter.
  • Record Keeping: Employers must maintain a violent incident log and documentation of training and hazard assessments.

Overview Of The New Legislation

The new legislation, known as Senate Bill 553, was signed into law on September 30, 2023. It establishes the first general industry workplace violence prevention requirements in the United States. The law aims to address various forms of workplace violence, including bullying, harassment, and active shooter situations.

Who Needs To Comply?

The law applies to nearly all employers in California, with a few exceptions:

  • Healthcare Facilities: Already have existing regulations.
  • Teleworking Employees: Those working from locations not controlled by the employer.
  • Small Workplaces: Locations with fewer than 10 employees that are not accessible to the public.
  • Law Enforcement and Correctional Facilities: Specific exemptions apply.

Key Requirements For Employers

To comply with the new law, employers must:

  1. Develop a Written WVPP: This plan should include:
  2. Conduct Risk Assessments: Identify potential hazards that could lead to workplace violence based on the nature of the work and interactions with the public.
  3. Employee Training: Employers must train employees on the WVPP by the compliance date and annually thereafter. Training should cover:
  4. Maintain Records: Employers are required to keep a violent incident log for all incidents, even those that do not result in injury, and document all training sessions and hazard assessments.

Implications For Employers

Failure to comply with these new regulations can lead to significant penalties, including fines and increased liability in the event of workplace violence incidents. Employers are encouraged to take proactive measures to ensure compliance and protect their workforce.

Conclusion

California’s new workplace violence prevention laws represent a crucial advancement in employee safety. By requiring employers to take concrete steps to prevent workplace violence, the state aims to create safer work environments for all employees. As the July 1, 2024 deadline approaches, employers must act swiftly to develop their plans and ensure their workforce is adequately trained and prepared.

Sources

Sharam Kohan
Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

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Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

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