Though new California employment laws normally become effective on the first of the year, the California legislature occasionally passes important laws mid-year.  Such is the case of the California Workplace Violence Prevention Plan requirements and related training.  These laws went into effect July 1, 2024 with SB553, but for many small businesses, it may have flown under the radar.  If you or your clients have not taken steps to become compliant with the changes, it is not too late, and affected employers should ensure they have the policy and training in place before the end of 2024.

The new law’s requirements essentially apply to all California employers that have at least ten employees or smaller employers that have public-facing operations, such as a retail location, storefront, or restaurant, or bar.  Specifically, the employers exempt from the law include:

• Places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public;
• Employees teleworking from a location of the employee’s choice, which is not under the control of the employer (note that an employer-designated public workspace would still apply); or
• Health care facilities, facilities operated by the Department of Corrections and Rehabilitation, and certain law enforcement facilities.

In certain instances, some exempt employers still will need to be compliant with Section 3203 of title 8 of the California Code of Regulations (commonly referred to as the Injury and Illness Prevention Program) to qualify for these exemptions.  Accordingly, the majority of employers in California must establish, implement, and maintain a Workplace Violence Prevention Plan that includes:

• Prohibiting employee retaliation.
• Accepting and responding to reports of workplace violence.
• Employee workplace violence training and communication.
• Emergency response.
• Workplace violence hazard assessments.
• Other requirements, such as maintaining a Violent Incident Log.

Labor Code section 6401.9 outlines the elements of a Workplace Violence Prevention Plan required by section 6401.7:

• Every covered employer is required to establish, implement, and maintain an effective workplace violence prevention plan.
• The plan needs to include the following:
  • The names of persons responsible for its implementation.
  • Effective procedures for employee involvement in developing and implementing the plan.
  • Methods to coordinate implementation of the plan with other employers, when applicable.
  • Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee.
  • Procedures to ensure compliance from employees, including supervisors.
  • Procedures to communicate with employees regarding workplace violence matters.
  • Emergency response protocols.
  • Training provisions.
  • Procedures to identify and evaluate workplace violence hazards that include inspections with the following frequency:
    • • When the plan is first set up.
      • Periodically scheduled.
      • After violent incidents.
      • Whenever a new hazard becomes known.
  • Procedures to timely correct workplace violence hazards identified and evaluated.
  • Procedures for post-incident response and investigation.
  • Procedures that allow for Plan review
    • Annually.
    • When a deficiency is observed or becomes apparent.
    • After a workplace violence incident.
  • Any other procedure necessary for employee health and safety as required by the Division and Standards Board.

The plan must be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation.  Further, the written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by the Injury and Illness Prevention Program or maintained as a separate document.

The new law outlines what should be included in the violent incident log, as well as a number of other record-keeping requirements, though employers must exclude personal identifying information that would identify any person involved in a violent incident.

As for the training that goes with this policy, employers must provide effective training and ensure that training materials are easy to understand and match the workers’ education, reading skills, and language; employers must provide employees with an initial training and annually thereafter; and the training is required to cover various aspects specified in the new law.  When new or previously unidentified workplace violence hazards are discovered, or changes are made to the plan, the employer must provide additional training that focuses on the specific hazard or plan modifications.

There is no particular grace period for this new law, and therefore small firms and their applicable clients should be advised to catch up on these requirements as soon as possible.  Luckily, if you are still in need of guidance on this law and a written policy, many human resource consultants and employment attorneys have ready-made policies and information prepared to help their clients.  I encourage you to reach out to your advisors to have a policy drafted for your business or to receive further information from counsel on the new requirements, as well as for information about how to conduct the related, mandatory training.

Another lesser-known provision of the new law is that the employer may seek a temporary restraining order in civil court on behalf of an employee, who has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace.  In that instance the individual employee is often scared or unwilling to seek the temporary restraining order themselves.  The employer is now empowered to seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.  This is a nice tool for employers to have at their disposal to help ensure a safe and productive workplace.

Sean Gentry is the employment law partner at Ad Astra Law Group. Click here for his full bio.