Don’t Be Aggressive With Your Employer

Workplace Violence Prevention SB 553

Addressing Workplace Violence: A Comprehensive Guide for Employees

In recent years, workplace violence has become a concerning issue across various industries, prompting legislative actions to ensure the safety and well-being of employees. There will be new requirements guiding how to safeguard workers from violence at work that complies with Labor Code section 6401.9 standards along with submitting to the Occupational Safety and Health Standards Board (OSHASB) by December 31, 2025.

The Policy Overview

This new policy mandates that employees receive the same protection against violence at work as California’s healthcare professionals. What is workplace violence? Well if there is any instance of violence or threat of violence that takes place in an employer’s location under the Labor Code section 6401.9. This includes scenarios where a worker is threatened or used physically against them, whether or not they’re hurt, there is a strong chance that they will be injured, experience mental trauma, or even stress. This includes scenarios where workers are threatened, physically harmed, or subjected to the use of firearms or any other deadly weapons. This policy has four different types of workplace violence under section 6401.9 of the Labor Code, but the lawful acts of self-defense or defense of others are not considered or included in the definition of workplace violence.

Effective Date and Covered Employers

This policy will be effective on July 1, 2024, employers covered by this regulation must develop implement, and maintain a written Workplace Violence Prevention Plan (WVPP). This plan should include various components such as assigning responsibility for its execution, involving workers and their representatives, addressing accusation of violence, providing training, as well as conducting risk assessments and investigations.

Types of Workplace Violence

There are four different types of workplace violence. Type 1 Violence is whenever act of violence in the workplace that has been carried out by those who have no right to be there, including violent crimes done by an individual who approaches or enters the building with the intention of committing a crime. Type 2 Violence indicates the workplace violence committed by clients, patients, students, prisoners, or even guests against staff members. Type 3 Violence, implies workplace aggression committed against a worker by a former worker, supervisor, or manager. Lastly, type 4 violence means the commission of workplace violence by an individual who is not employed there but has been determined to have maintained a personal relationship with the staff member.

Response to Workplace Violence Incidents

In the unfortunate event of workplace violence, employers must ensure affected employees receive prompt medical care and report incidents to workers compensation insurance providers. They should document incidents, evaluate their efficacy in preventing future occurrences, and adhere to reporting requirements mandated by Title 8 section 342(a).

Maintenance of Records

Employers are obligated to maintain records related to workplace violence hazards, training, incidents, investigations, and CAL/OSHA forms for a minimum period of five years. These records must be accessible to employees, their representative, and the division upon request, within specified time frame, and without charge.

Risk Assessment and Evaluation

Employers need a thorough comprehension of workplace violence factors and hazards to conclude
on effective preventive measures and procedures. This recognition guides their actions in addressing, responding to, or preventing incidents of workplace violence. Employers are required to conduct a preliminary risk assessment to identify different types of workplace violence hazards. Factors such as working alone, late-night shifts, access to valuables, and dealing with individuals with a history of violence should be considered. This evaluation serves as the basis for implementing preventive measures and procedures.

Workplace Violence Prevention Plan (WVPP) Implementation

To comply with legal requirements and ensure worker safety, employers must establish a comprehensive WVPP. CAL/OSHA’s Model written WVPP for general industry can serve as a reference document. Key components and protocols include active involvement of workers in plan creation, compliance assurance, training, risk assessment, incident reporting, response protocols, and also plan evaluation.

Conclusion

Addressing workplace violence requires a proactive approach from employers, encompassing risk assessment, policy implementation, incident response, and record-keeping. By prioritizing employee safety and compliance with regulations, organizations can create a secure work environment conducive to productivity.

Questions

For any questions or concerns about Workplace Violence, please feel free to call us at (925) 786-3424. We are here

to assist you!