California's Workplace Violence Prevention Requirements: Policy vs Plan vs Program

California’s new workplace violence prevention law requires employers to “establish, implement, and maintain” an effective workplace violence prevention plan.”

So what exactly does that mean for an employer?

Will a workplace violence prevention policy cut it? No. California requires much more than that.

Will it be enough to draw up a workplace prevention plan? That’s a good start. But again no. 

California requires that your workplace violence prevention plan must be fully implemented, And that includes conducting a variety of employee trainings, and carrying out specific responsibilities. 

And that means converting your plan on paper into an active workplace violence prevention program.

In this piece, I discuss the differences between a workplace violence prevention policy, plan, and program. And what California requires employers to do in order to comply with its new workplace violence prevention law.

I help employers implement an effective workplace violence prevention program that keeps employees safer, and complies with the requirements of California’s new workplace violence law.

My approach to preventing workplace violence is based upon what I learned during my 30+ years of working as a civil and criminal litigation investigator where I investigated many work related violence incidents, and learned to keep myself safe from violence while working in some very dangerous places.

I’ve got a great tool to help you get started developing your workplace violence prevention plan in compliance with California’s requirements. My FREE workplace violence prevention checklist. It is a road map you can follow as you develop a workplace violence prevention plan. Just click on the link in the description below. 

Workplace Violence Prevention Policy

 A workplace violence prevention policy is a formal policy that prohibits violence and abusive behavior in the workplace. A policy typically identifies prohibited behaviors, and states that engaging in those behaviors in the workplace leads to consequences, up to and including termination.

Many employers already have a workplace violence prevention policy in place. Along with policies prohibiting harassment, discrimination, and absenteeism. 

But, California wants employers to do far more than just having a policy in place. 

In fact, California Labor Code Section 6401.9, which forms the backbone of the new workplace violence prevention law, doesn’t even list having a workplace violence prevention policy among its requirements.

The main purpose of a workplace violence prevention policy is related to discipline. And whether an employee can be fired, or face other punishments, for engaging in behaviors that the policy prohibits.  It does not take any steps to reduce the safety hazards employees face.

While every employer should have a workplace violence prevention plan in place. It’s a minor element of an effective workplace violence prevention approach.

Workplace Violence Prevention Plan

 California’s new workplace violence prevention law requires employers to create a workplace violence prevention plan in writing that is “in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation.”

 The law requires an employer’s plan to:

• Identify the persons responsible for implementing the plan, and to clearly describe each person’s role in that process.
• Identify effective procedures to get the active involvement of employees in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training and in reporting and investigating workplace violence incidents.
• Identify procedures for a complaint, and investigation process, and to create a policy to prohibit retaliation for reporting workplace violence incidents.
• Identify workplace violence safety hazards and approaches to remediate them.
• Identify effective procedures to ensure employees, including those at supervisory levels, comply with the plan.
• To create effective procedures to respond to workplace violence emergencies or potential emergencies. Including a process of alerting employees to safety emergencies, evacuation and sheltering plans, and how to contact those assigned to assist during a violence incident.
• To identify approaches to training employees in a variety of elements of the plan, including strategies to avoid physical harm from workplace violence.
• To develop a workplace violence incident log, and what to include in the log when an incident occurs.

 Creating the prevention plan is the time for employers to do the critical thinking involved in assessments, incident response processes, and about the specific types of risks employees face. And the types of employee training that would accomplish the goal of keeping employees safe from workplace violence.

 The key takeaway from California’s requirements to employers creating a plan, is specificity. There is nothing global about these processes. California wants each employer to focus on the specific safety hazards, risks, personnel, and response mechanisms that are unique to their employees’s needs.

 There is a lot of work involved in getting this process done. But, California requires employers to do more than just this process. California requires that the workplace violence prevention plan that is created be fully implemented too. 

 Workplace Violence Prevention Program

 When a plan goes from being created to being implemented. It goes from being a plan to a program.

 For employers the transition to a program includes training and carrying out required tasks: 

•  Documenting and maintaining records regarding workplace violence hazard identification, evaluation, and correction. 
•  Training records including training dates, contents or summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions.
•  Records of workplace violence incident investigations conducted.
•  Employees must be trained in workplace violence hazards specific to the employee’s jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.
•  And that workplace violence incidents involving any employee are reported, investigated, and recorded.

The law also identifies when employers must conduct training. An “employer shall provide employees with initial training when the plan is first established, and annually thereafter.” And, that, “additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified, and when changes are made to the plan.”

 Thus, California makes it crystal clear, that just having a plan on paper will not work. The plan must be fully implemented through training, hazard identification and remediation, and that specific processes be followed in response to the reporting of any workplace violence or threats of violence.

Want to get started on developing the required workplace violence prevention program by the July 1, 2024 deadline? Download my FREE workplace violence prevention checklist. It’s a great road map for you to follow as you develop a workplace violence prevention plan. Just click on the link in the description below.

 And, if you’d like some help establishing, creating, and implementing the workplace violence prevention program required by the new California law, click here to schedule your free telephone consultation.