California Creates the First Workplace Violence Prevention Safety Requirements for Employers | California has set a groundbreaking precedent in the United States by enacting the first comprehensive workplace violence prevention safety standards applicable to various industries. This landmark legislation, effective from July 1, 2024, mandates almost all employers within the state to adopt rigorous measures to curb workplace violence. This initiative marks a significant expansion beyond the healthcare-specific standards introduced in 2016, demonstrating California's commitment to ensuring a safer working environment across all sectors.
The legislation mandates that affected employers incorporate a workplace violence prevention plan into their existing Injury and Illness Prevention Plans. This plan must adhere to the guidelines outlined in the newly established Labor Code Section 6401.9. The requirements are an extension of the pioneering standards set for the healthcare industry by Cal/OSHA in October 2016, which also represented a national first. These measures underscore a concerted effort to address and mitigate workplace violence across the board, not just in sectors previously recognized as high risk.
Core Requirements of the New Legislation
Employers must undertake several critical actions to comply with the new law. These include:
- Appointment of individuals responsible for the plan's oversight.
- Development of processes for engaging employees and their representatives in the plan's formulation and execution.
- Coordination methods for the plan's integration with other employers as necessary.
- Establishment of protocols for reporting, responding to, and preventing retaliation against reports of workplace violence.
- Communication strategies to inform employees about how to report violence and access assistance.
- Identification, evaluation, and correction of workplace violence hazards.
- Development of post-incident response and investigation procedures.
- Regularly review and update the plan, incorporating feedback from employees and their representatives.
- Provision of initial and annual training related to the plan.
- Maintenance of detailed records related to workplace violence for at least five years, including records of:
- Training
- Workplace violence hazard identification, evaluation and correction
- Violent incidents and their investigations
Legislative Versus Regulatory Approach
The legislative process to introduce these requirements represents a departure from the traditional regulatory approach typically managed by Cal/OSHA. This method reflects an urgent response to growing concerns over workplace safety, highlighted by high-profile incidents of workplace violence. The legislative action bypasses the slower, more consultative rulemaking process, aiming for a swifter implementation of protective measures. However, it raises questions about the future interaction between legislative mandates and regulatory bodies enforcing workplace safety standards.
Enhancements to Workplace Violence Restraining Orders
Significantly, the legislation also amends the California Code of Civil Procedure section 527.8, broadening the scope for employers to seek restraining orders to include harassment cases. This expansion, effective from January 1, 2025, alongside the empowerment of collective bargaining representatives to petition for restraining orders, underscores a more inclusive approach to protecting employees from workplace violence.
Preparing for Compliance
Introducing these comprehensive workplace violence prevention requirements necessitates diligent preparation by California employers. It calls for a thorough review and enhancement of existing safety policies, emphasizing active collaboration with employees and representatives. The legislation not only aims to safeguard employees from physical harm but also fosters a culture of safety and respect, addressing both direct and indirect forms of workplace violence.
As we approach the effective date, employers must stay informed of regulatory developments and seek legal counsel to ensure full compliance with these groundbreaking standards. California's initiative could very well serve as a model for other states, highlighting the importance of proactive measures in the ongoing battle against workplace violence.
How Can DISA Help?
DISA Global Solutions can help navigate these new workplace violence prevention requirements, aiming to ensure compliance and foster a safer work environment. With our comprehensive employment screening and compliance services suite, we are uniquely positioned to assist businesses in implementing effective workplace violence prevention plans. Our expertise in policy development, employee training, and regulatory compliance, combined with cutting-edge technology and insights, enables employers to meet legal mandates and cultivate a culture of safety and respect. By partnering with DISA, employers can confidently navigate the complexities of the new regulations, safeguard their workforce, and maintain a productive, secure workplace.
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About DISA Global Solutions
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout the U.S. and Canada, DISA’s comprehensive scope of services includes drug and alcohol testing, background screening, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.