Strategies for California’s Mandatory Workplace Violence Prevention Program

There’s a new law requiring most California employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law goes into effect July 1, 2024, and the state Division of Occupational Safety and Health is responsible for enforcing the new requirements.

While these regulations aren’t new to the health care industry, the new rules apply to most employers in California, unless the organization:

• Has fewer than 10 employees working at any given time
• Is not accessible to the public
• The workplace is compliant with Section 3203 of Title 8 of the California Code of Regulations

Workplace violence defined

Under these regulations, workplace violence is defined as any act of violence or threat of violence occurring at the worksite. Workplace violence includes:

• Physical assaults and threats of assault
• Intimidation, harassment, and stalking
• Verbal abuse and threats
• Homicide and other violent crimes

Workplace violence can be committed by employees, clients, customers, visitors, animals, or anyone else who enters the workplace. It can occur in any industry or occupation and may have serious physical and emotional consequences for employees.

California’s WVPP is designed to prevent workplace violence by identifying potential hazards and implementing measures to control and prevent those hazards. Employers must develop and implement a WVPP tailored to the specific hazards and risks present in their workplace.

WVPP actions to take now

As of July 1, 2024, California employers must do the following to comply with the WVPP requirements.

Conduct a workplace violence risk assessment

Identify and evaluate potential workplace violence hazards and implement measures to correct identified hazards.

Develop and implement a written WVPP

Include in your written plan, at a minimum:

• Names or job titles of the persons responsible for implementing the WVPP
• Effective procedures for obtaining the assistance of law enforcement during a workplace violence incident
• Procedures for post-incident response and investigation
• Procedures to coordinate a response with outside law enforcement agencies
• Effective procedures for communicating with employees regarding workplace violence hazards
• Procedures to verify employees are trained on the WVPP

Provide WVPP training to employees

Develop workforce violence prevention training that includes:

• Information on the types of workplace violence that may occur in their workplace
• How to recognize the potential for workplace violence
• How to respond to workplace violence incidents
• How to report workplace violence incidents

Review and evaluate the effectiveness of the WVPP

Complete this evaluation at least annually and update the plan, as necessary.

Further WVPP implementation considerations

In addition to these minimum elements, the WVPP should also include:

• A system for reporting and documenting workplace violence incidents
• A system for evaluating the WVPP effectiveness at least annually and updating the plan, as necessary
• A system for providing support and assistance to employees who are victims of workplace violence

Additional training resources

Covered employers must provide WVPP training to all employees who may be exposed to the risk of workplace violence, including supervisors and managers. These employers must offer the training at least annually and whenever a new employee is hired, or an employee is given a new position for which the training has not been previously provided.

The training must be effective and appropriate in content and vocabulary to employees’ educational level, literacy, and language. The training must also be provided during normal working hours and at no cost to the employees. If training during normal work hours is not possible, employers must compensate employees for the training time.

Keep a record of the training, including the training date and contents and the names and job titles of the persons who conducted the training.

The WVPP training requirements must be completed by July 1, 2025, or within six months of an employee’s hire or assignment to a new position, whichever is later.

How we can help

Specific elements of a WVPP may vary depending on the employer's industry, size, and other factors.

Staying ahead of WVPP regulation is critical to successful compliance and protection against significant penalties and fines and civil liabilities. Implementing a compliant WVPP offers employers and their employees increased protection against workplace violence by identifying potential hazards and implementing measures to control and prevent those hazards.

CLA’s human resources (HR) consulting and outsourcing professionals can advise you on a wide range of workforce issues and help keep your organization HR compliant.

CLA cannot and does not provide legal advice. It’s important to consult with qualified counsel before adopting any new policies. It’s also your responsibility to determine whether legal review of work product is necessary prior to implementation.

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