Stay in Compliance: Implementing a Workplace Violence Prevention Plan by July 2024

Myla Sarmiento, Attorney

July 3, 2024

Importance of a Workplace Violence Prevention Plan

California law requires its employers to have an effective written Workplace Violence Prevention Plan (“WVPP” or “Plan”) by July 1, 2024. However, there are limited and narrow exceptions that may apply to your business (See Labor Code § 6401.9(b)(2).)

Key Components of a Compliant WVPP

An employer is complying with the requirements of a WVPP if the following items have been completed:

1. A written violence prevention plan;

2. An initial workplace violence hazard exposure analysis and evaluation; and

3. Training for employees on what is required under the new law, including specifics on how the organization will implement the plan requirements.

Components of the WVPP should include, but are not limited to the following:

• Designating and identifying who is responsible for implementing the Plan;

• Encouraging employees to get involved and contribute to the Plan;

• Laying out procedures to identify, evaluate, and correct workplace hazards;

• Developing a procedure for investigating workplace violence incidents;

• Implementing a reporting procedure that encourages employees to report workplace violence, without fear of retaliation;

• Responding to actual and potential emergencies; and

• Conducting training.

Training Requirements and Best Practices

If you don’t have a WVPP, please create one now. A genuine effort to be compliant will go a long way. If a Cal/OSHA complaint is made or a “serious” incident occurs, Cal/OSHA will likely be requesting to see a copy of your WVPP during their investigation. You don’t want to be without a plan.

On the topic of training, each employer should conduct an initial training when the plan is first implemented, and annually thereafter. Additional training must also be provided if there are any new workplace violence hazards or any changes to your WVPP.

Lastly, California law requires employers to maintain the following records:

• Records of workplace violence hazards, evaluation, and correction for a minimum of five years;

• Training records for a minimum of one year, including training dates, summary of the training session, trainers and participants;

• Violence Incident Logs for a minimum of five years; and

• Records of workplace incident investigations for a minimum of five years.

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