California Labor Code section 6401.9, of California Senate Bill 553 (Cortese), mandates that employers that fall within the law’s scope must establish, implement, and maintain an effective written Workplace Violence Prevention Plan (WVPP). This will be in effect and enforceable on July 1, 2024.
“Workplace violence” is defined as any act of violence or threat of violence that occurs in a place of employment. Incidents of workplace violence, which entail a substantial risk of physical and emotional harm to employees, may result in fatal injury, and nonfatal injury including those that require medical treatment, and may cause missed work, lost wages, and decreased productivity.
Employers must establish, implement, and maintain an effective written Workplace Violence Prevention Plan (WVPP) to protect employees, address workplace violence hazards, and comply with this regulatory requirement.
/Cal-OSHA-Workplace-Violence-Prevention-Plan-(WVPP)-Overview.png "Cal-OSHA-Workplace-Violence-Prevention-Plan-(WVPP)-Overview.png")
Per Labor Code 6401.9, employers must include the following elements and effective procedures in their establishment's written Workplace Violence Prevention Plan (WVPP) or include them as a separate section in their Injury and Illness Prevention Program (IIPP) for Workplace Violence Prevention. The WVPP is required to consist of:
- determining who is responsible for implementing the plan
- procedures for involving employees
- communication and training
- identifying and correcting hazards
- responding to incidents
- reporting and investigating
- reviewing the plan
In the event of workplace violence injury, employers must ensure that employees receive timely and appropriate medical care, report serious injuries and deaths to Cal/OSHA, complete and record injury forms, and investigate and evaluate the workplace violence incident and the WVPP.
Employers must keep records of workplace violence hazard assessment, training, incident logs, and investigations for a minimum of five years. These records must be made available to employees, their representatives, and the division upon request.
Resources Cal/OSHA’s Model written Workplace Violence Prevention Plan for General Industry (Non-Health Care settings) Cal/OSHA Workplace Violence Prevention Guidance and Resources Cal/OSHA Workplace Violence Prevention in General Industry (Non-Health Care Settings) Fact Sheet for Employers Cal/OSHA Workplace Violence Prevention in General Industry (Non-Health Care Settings) Fact Sheet for Employees