It has been nearly two years since California’s workplace violence prevention standards took effect, and according to the California Chamber of Commerce, employers statewide are still grappling with the complexity of the law and what full compliance requires.
In fact, some employers have yet to implement a workplace violence prevention plan, which was to have taken effect for most California businesses by July 1, 2024.
“Employers may be underestimating the depth of this law,” said Matthew Roberts, CalChamber’s Associate General Counsel for Labor and Employment.
Under the law, employers must create workplace violence prevention programs tailored specifically to their operations and worksites.
“This isn’t just a policy in an employee handbook,” said Vanessa Greene, CalChamber Employment Law Counsel. “This is a comprehensive, standalone plan, and there’s different detailed topics the plan has to cover.”
Among the requirements, employers must address workplace-specific hazards in their plan and how those risks will be mitigated. Businesses also must train employees on the details of the plan, including reporting procedures and emergency response protocols.
In addition, employers are required to establish investigation procedures for workplace violence incidents, maintain detailed incident logs and complete ongoing record-keeping.
One of the biggest challenges for employers, Greene said, is that there is no one-size-fits-all template.
“The law focuses on the specific circumstances of each employers’ worksites,” she said.
For companies operating multiple locations, compliance can become especially difficult because risks often vary from one site to another. Employers may need to inspect each location, identify potential hazards unique to that site and outline separate mitigation procedures within their plans.
The law also requires employers to seek employee feedback when identifying hazards and designing training programs.
“You really need to rely on employee input for this,” Greene said.
Additional complications arise when employees work in shared spaces with other companies or perform duties offsite, such as visiting customer homes or outside businesses.
Greene said employers sharing worksites should cooperate closely with other companies when workplace violence incidents occur. That includes jointly investigating incidents, documenting findings and coordinating future prevention efforts.
Best practices, she said, include documenting all attempts to cooperate with other employers, particularly if another company is unresponsive.
For offsite work environments outside an employer’s direct control, Greene said businesses should encourage employees to report concerns immediately and provide regular feedback about potential safety issues encountered in the field.
Training requirements have also created confusion for employers.
According to Greene, businesses must first complete their workplace violence prevention plan before any training occurs because the training itself must be based specifically on that plan and the employee job duties involved.
“Workplace violence prevention training is wholly dependent on each employer’s unique plan,” said Greene.
Employers may use either internal staff or third-party providers to conduct training, Greene said, as long as the instructor is familiar enough with the plan to answer employee questions effectively.
Training formats are flexible and may include webinars, in-person sessions or computer-based courses. However, Greene emphasized that training must remain interactive.
“The law doesn’t specify a particular way,” Greene said. “Whatever format is used, employers need to make sure that the training is interactive and that employees have the ability to ask questions.”
When workplace violence incidents do occur, Greene said employers must respond quickly and thoroughly.
“Take it seriously,” she said. “An investigation is a key part of the response.”
After immediate threats are resolved, employers must investigate the incident, interview witnesses, complete a workplace violence incident log and determine whether additional safety measures are necessary. Employers are also expected to update their prevention plans and communicate any changes to employees following an investigation.
For guidance and resources on developing a workplace violence prevention plan, visit the State of California’s Department of Industrial Relations website.
For more updates on Fresno County development and business initiatives, stay connected with the Fresno Chamber of Commerce.
