Cal-OSHA Releases Model Workplace Violence Prevention Plan

By Swerdlow Florence Sanchez Swerdlow & Wimmer

March 21, 2024

On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill 533, which requires many California employers to implement an effective Workplace Violence Prevention Plan (“WVPP”) by July 1, 2024. The California Division of Occupational Safety and Health (“Cal-OSHA”) has finally released its model WVPP.

The WVPP can be implemented either as part of your company’s Injury and Illness Prevention Plan (“IIPP”) or as a standalone document. Some employers are exempted from the WVPP requirement, including, but not limited to, many employers in the health care industry (who have a separate workplace violence requirement), some employers with fewer than 10 employees working at any one location, and as to those employees who telework from a location of the employee’s choice, which is not under control of their employer. As is the case with Cal-OSHA generally, the WVPP requirements also do not apply to household domestic employers.

WVPP Requirements:

Among other requirements, the WVPP must include:

•    Procedures to effectively communicate with employees;
•    Procedures to effectively respond to actual or potential workplace violence threats or emergencies;
•    Procedures to identify and evaluate workplace violence hazards, including inspections conducted when the plan is first set up, conducted after violent incidents, and conducted whenever a new hazard becomes known;
•    Procedures to correct workplace violence hazards;
•    Procedures for designing and implementing training; and
•    Procedures for post-incident response and investigation.

Cal-OSHA Model and Guidance:

Cal-OSHA’s model WVPP, titled “Model Written WVPP for General Industry (Non-Health Care Settings),” can be used only as a starting template for establishing an individualized WVPP that reflects your company’s unique potential hazards. Cal-OSHA also has published a series of fact sheets regarding WVPPs. These documents, including the model WVPP, can be downloaded from CalOSHA under the “Latest Updates and Added Publications” dropdown.

Since the July 1, 2024, deadline is approaching, employers covered by the WVPP requirement promptly should start drafting and implementing their own WVPPs. Employers should be aware that Cal-OSHA’s model WVPP must be heavily customized to reflect the actual and potential risks unique to their workplace. These customizations should reflect factors such as the location, industry, size, and organizational dynamics of each employer, as well as all known or potential hazards discovered by the employer. The statute also requires employees to be involved in the development and implementation of the WVPP; therefore, before the plan is finalized, it is important to receive employee input into the WVPP.

Please do not hesitate to contact your SFSSW attorney if you have any questions about implementing your WVPP, and to schedule time for help drafting and implementing your company’s WVPP.

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