California Workplace Violence Prevention
California Governor Gavin Newsom recently signed SB 553 – a sweeping new law addressing Workplace Violence Prevention in virtually all California workplaces. California employers (unless they fall under one of the limited exemptions) will be required by July 1, 2024, to:
Establish, implement, and maintain an effective workplace violence prevention plan
Perform a workplace violence-specific hazard assessment of your workplace and operations
Investigate workplace violence incident (broadly defined) and produce investigation reports
Create and maintain Violent Incident Logs
Provide annual interactive employee and supervisor training
Maintain (and produce upon request) program-related records for various preservation periods
While these requirements may seem straightforward, compliance pitfalls await employers who fail to delve into them deeply, and responses to workplace violence incidents may expose employers to legal claims in other areas of the law. To that end, Conn Maciel Carey’s Cal/OSHA focused attorneys have created a flat fee Turnkey Workplace Violence Prevention Program solution and ad-hoc workplace violence services to assist California employers come into compliance.
TURNKEY WORKPLACE VIOLENCE
PREVENTION PROGRAM SOLUTION
Workplace Violence Prevention Plan
We will develop for your organization a customized, compliant written Workplace Violence Prevention Plan along with all the ancillary documents and sub-policies, including:
A Workplace Violence Inspection Checklist (for an initial hazard assessment and as an ongoing tool)
A Corrective Action Log
A Workplace Violence Investigation Report Template
A Violent Incident Log
Workplace Violence Training Sign-in Sheets
A Workplace Violence Prevention Compliance Manual
Workplace Violence Prevention Training
We will develop customized training materials based on your new written workplace violence prevention plan.
We will conduct initial interactive training programs for supervisors and non supervisors.
We will "train the trainer" so your organization can provide annual refresher training.
Gap Assessment of Related Policies
To ensure alignment, we will perform a Gap Assessment of existing, related policies and programs that intersect with your new workplace violence prevention plan, such as:
Injury and Illness Prevention Plan
Emergency Action Plan
Attorney Consultation Hours
A block of 12 Attorney Consultation Hours to be used within one year as your organization rolls out its new program. The hours can be used for any purpose related to the Workplace Violence Prevention Program or the law, such as:
Participating in the initial workplace violence inspection/hazard assessment
Joining the first couple of incident investigations
Talking through entries on the Violent Incident Log
Assisting with threat assessments
Addressing questions about the implementation of the program or understanding the law
AD HOC SERVICES
If you would like to work off your own draft policy, we are well-positioned to perform a gap assessment of that and your related policies. Likewise, we can provide any of the individual components of our turnkey program listed above at our usual hourly rates.
CMC's Cal/OSHA Team is uniquely suited to help California employers come into compliance with the California workplace violence law. Rachel L. Conn, the Chair of our California Practice, has been working extremely closely with major California employers on workplace violence issues for years. Rachel has extensive experience developing and implementing workplace violence prevention plans and response programs for some of the country’s largest employers. She has counseled employers on hundreds of workplace violence incidents, and defended healthcare systems and skilled nursing facilities against Cal/OSHA citations issued under Cal/OSHA’s precursor Violence Prevention in Health Care Rule (on which SB 553 was originally based). She is also a member of the Association of Threat Assessment Professionals where she speaks and trains members on these topics regularly.
Rachel and CMC's California team have been developing workplace violence prevention plans, training programs, and related materials to help California employers come into compliance with SB 533.
The compliance pitfalls of the Workplace Violence Prevention Law (Daily Journal)
November 6, 2023
The Daily Journal published an article written by Rachel Conn, CMC's California Practice Chair, and Andrea Chavez, Senior Counsel, discussing the potential legal claims awaiting California employers as a result of the new Workplace Violence Prevention Law.
This article discussing California's new Workplace Violence Prevention law quotes Rachel Conn, CMC's California Practice Chair, who gives insight on the expectations of California employers to develop and implement workplace prevention plans for their organizations.
Governor Signs SB 553 - Workplace Violence Prevention Bill - Compliance Required by July 1, 2024 & The Latest Cal/OSHA Standards Board Updates (CMC's Cal/OSHA Defense Report Blog)
October 2, 2023
Rachel Conn, CMC's California Chair, published an article discussing the details on Senate Bill 553, its ramifications, and what employers can expect in the coming months from the latest legislative and rulemaking updates to changes in enforcement priorities, and compliance tips.
WHAT PEOPLE SAY
First off – wow!
I can tell you have a very wide and detailed amount of knowledge on workplace violence.
You are a unicorn with respect to workplace violence challenges because of your expertise and knowledge in workplace safety, employer law, and privacy laws.
So thankful for your workplace violence expertise and our partnership.