Practice Advisory //byline AIA California Staff Access the Workplace Violence Prevention Plan Template July 1, 2024 Overview California employers are required to comply with new workplace violence prevention requirements by July 1, 2024. Labor Code section 6401.9 requires most employers – including most architectural firms with 10 or fewer employees – to develop a workplace violence prevention plan (WVPP), provide annual training, and maintain records. Workplace violence is defined as “any act of violence, against persons or property, threats, intimidation, harassment, or other inappropriate, disruptive behavior that causes fear for personal safety at the worksite.” A WVPP is like an extension of an Injury and Illness Prevention Program (IIPP), and the State already requires every employer to have an IIPP. Just as an IIPP helps employers think about ways to reduce workplace injuries and how to respond after an injury occurs, the WVPP is meant to help employers think about potential risks to employees from violence and how to correct, respond to, or prevent such violence. While the risk of workplace violence to architects is relatively low, there are still some risks, and a WVPP will help an employer and employees be prepared. AIA California, in conjunction with Collins + Collins LLP, provides this Advisory to answer Frequently Asked Questions about the law. We have also created a draft template for a WVPP you can customize for your firm. Cal/OSHA’s overview of the new workplace prevention requirements can be accessed on the California Department of Industrial Relations website, which also has a model written Workplace Violence Protection Plan as a general resource guide for employers. Disclaimer: AIA California is providing this resource as general information, and it is not to be construed as legal advice. Be sure to follow California Labor Code and Cal-OSHA requirements and obtain legal counsel for questions about your specific situation. Compliance with California’s 2024 Workplace Violence Prevention Law California employers are required to comply with new workplace violence prevention requirements by July 1, 2024. Labor Code section 6401.9 requires most employers – including most architects – to develop a workplace violence prevention plan (WVPP), provide annual training, and maintain records. AIA California, in conjunction with Collins + Collins LLP, provides this advisory to answer Frequently Asked Questions about the law, along with guidance on a potential template for a WVPP. Disclaimer: AIA California is providing this resource as general information and it is not to be construed as legal advice. Be sure to follow California Labor Code and Cal-OSHA requirements and obtain legal counsel for questions about your specific situation. Workplace Violence Prevention Plan: Basics Workplace violence is defined as “any act of violence, against persons or property, threats, intimidation, harassment, or other inappropriate, disruptive behavior that causes fear for personal safety at the worksite.” A WVPP is like an extension of an Injury and Illness Prevention Program (IIPP), and the State already requires every employer to have an IIPP. Just as an IIPP helps employers think about ways to reduce workplace injuries and how to respond after an injury occurs, the WVPP is meant to help employers think about potential risks to employees from violence and how to correct, respond to, or prevent such violence. While the risk of workplace violence to architects is relatively low, there are still some risks, and a WVPP will help an employer and employees be prepared. Covered EmployersThe new workplace violence prevention requirements apply to all California employers except for the following: Workplaces where there are fewer than 10 employees present at any given time and which are not accessible to the public; Employees who telecommute from a location of their choosing that is outside the employer’s control; General Workplace Violence Prevention Plan Requirements:Employers are required to adopt and implement a workplace violence prevention plan, which includes: The names of the persons responsible for its implementation; Procedures for accepting and responding to reports of workplace violence, including a prohibition on retaliation against the reporting employee; Procedures for communicating about workplace violence matters; Procedures for investigating employee concerns; Procedures for responding to actual or potential workplace violence emergencies; and Procedures for post-incident response and investigation. The plan must be in writing and “easily accessible” to employees. This means at a minimum, it must be available to the more curious employees upon request, but it does not necessarily need to be distributed to all employees. However, distributing it to employees or making it available on an internal document system does make the plan “easily available” and also helps fulfill requirements on training employees about the plan. The plan must be “specific to the hazards and corrective measures for each work area and operation” – although for most architectural practices, one overall plan will be applicable for all work operations. It can be a stand-alone plan or can be incorporated into an existing Injury and Illness Prevention Plan. Types of Violence Under Labor Code Section 6401.9 The law requires an assessment of four major types of workplace violence: Type 1: Criminal Violence – committed by a person who has no legitimate business at the worksite, including by those who enter the workplace or approach employees with the intent to commit a crime. Type 2: Customer or Invitee violence – committed by individuals who were allowed in the workplace, like clients, students, contractors, or other allowed visitors. This would include violence on a jobsite by another party involved in construction. Type 3: Employee violence – committed by a present or former employee, supervisor, or manager (potentially related to some kind of ‘revenge’ for what they perceive as unfair treatment in the workplace) Type 4: Personal violence – committed by a person who has a personal relationship with an employee, but is not an employee (so a violent intrusion of an employee’s personal life into the work environment) Training Requirements?Covered employers are required to provide training to employees when they establish the workplace violence prevention plan, and to continue to provide training thereafter on an annual basis. Trainings must cover the
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