Beginning July 1, 2024, covered California employers must establish, implement, and maintain a written Workplace Violence Prevention Plan (“WVPP”) either as part of their Injury and Illness Prevention Plan, or maintained as a separate document.

Worksites with less than 10 employees present at any given time and not accessible to the public are exempt as are employers with employees telecommuting from a location of their own choosing that is not under the employer’s control. Certain government-regulated employers are also exempt from the requirement.

The WVPP must include:

• The identification of the person(s) responsible for implementing the WVPP;
• A system for identifying and evaluating workplace hazards;
• Methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner;
• A training program to teach safe and healthy work practices and provide instructions specific to an employee’s particular hazards;
• A system for ensuring that employees comply with safe and healthy work practices;
• Procedures that allow for employee participation in developing and implementing the plan as well as to identify, evaluate, and correct workplace violence hazards;
• Procedures for accepting and responding to reports of workplace violence;
• Procedures to communicate workplace violence matters with employees;
• Procedures to investigate employee concerns;
• Procedures for responding to an actual or potential workplace violence emergency; and
• Procedures for post-incident response and investigation.

Employers are also required to administer training to employees when the initial plan is established and annually thereafter. 

The training must include:

• The plan and how employees can obtain copies and participate;
• Definitions and requirements of the law;
• How to report workplace violence incidents or concerns without fear of retaliation;
• Workplace hazards specific to a particular employee’s duties, the corrective measures the employer implemented, how to seek assistance and strategies to avoid physical harm;
• The violent incident log, and how to get copies of workplace violence incidents; and
• An opportunity for interactive Q&A with someone knowledgeable about the plan.

If a new workplace violence hazard is discovered or changes are made to the plan, additional training must be provided on the specific hazard or plan modification.

Training records must be maintained for a minimum of one year and include training dates, contents or a 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 hazard identification, evaluation, and correction, as well as violent incident logs must be maintained for a minimum of five years.

Violent incident logs must include:

• Date, time, and location of the incident;
• Workplace violence type (not including lawful acts of self-defense or defense of others);
• Detailed description of the event;
• Classification of the offender, such as client, customer, family, friend, stranger, co-worker, supervisor, or other titles like these;
• Classification of the circumstances, such as the employee finishing up job duties or working in a poorly lit area;
• Classification of the incident’s location, such as the workplace, parking lot, or some other area;
• Type of violence, such as physical force or threat of physical force, use of a weapon, animal attack, or sexual assault or threat of sexual assault;
• Consequences of the incident, such as the use of law enforcement, any actions taken to protect the employees; and
• Name and job title of the person who made the log entry, as well as the date completed.

Violent incident logs may not include any information that could identify any person involved in the violence incident.

Cal/OSHA provides guidance and resources on their website on model WVPP programs and plans to assist employers in complying with the requirements. Employers should assess their workplaces to ensure their WVPP is easily accessible and addresses hazards specific to their employees. 

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.