In Episode 241 of The Workplace podcast, CalChamber Associate General Counsel for Labor and Employment Matthew Roberts and CalChamber Employment Law Counsel Vanessa Greene discuss California’s workplace violence prevention standards as the two-year anniversary of their implementation approaches.
They focus on how employers are navigating these complex and ongoing legal requirements, plus common misconceptions and practical challenges.
Greene explains that the law rests on three core obligations. Employers must:
• Create a detailed, written workplace violence prevention plan;
• Train employees on that plan; and
• Establish procedures for responding to and documenting incidents.
Tailored Plans
Greene highlights that no “one-size-fits-all” approach satisfies each requirement.
Each plan must be tailored to the specific hazards of an employer’s worksite — or multiple worksites — where risks and operations often differ significantly.
Employers underestimate how comprehensive these workplace violence prevention plans must be. Just implementing a handbook policy that prohibits workplace violence isn’t enough; the law requires a standalone document covering numerous elements, including emergency procedures, identifying hazards in each workplace and mitigation strategies.
Employee Input
Further, employers are required to solicit and incorporate employee input — a departure from more top-down policy development.
Employee input is especially critical for organizations with multiple or varied worksites, where employees can provide insight into location-specific risks. Roberts and Greene also address the challenges when a workplace is shared with other employers and offsite work, such as employees visiting client locations.
Additionally, workplace violence prevention training creates its own challenges for employers. Greene emphasizes that employers must complete their prevention plan before conducting training, as the training content must be both interactive and specific to that plan.
Finally, Roberts and Green emphasize the specific requirements for an employer’s response to a workplace violence incident. Employers must investigate reports thoroughly and document them in a workplace violence incident log. Based on the findings, employers should update workplace violence prevention plans if needed to prevent future issues and train employees on any changes.
Throughout the podcast, Roberts and Greene focus on the complexity of California’s workplace violence prevention standards to provide key, practical takeaways for common issues employers face.
