Workplace violence is being increasingly recognized as a significant threat to employee health and organizational stability. If a company fails to address this threat, both proactively and reactively, then it can have a huge impact on productivity and morale. It can also create a great deal of reputational damage, both in the eyes of customers and employees. To help businesses in The Golden State address this issue, California is implementing a new bill known as the California workplace violence law.
So, what is this new law exactly, and how can employers prepare for it?
Here’s everything that you need to know, including a breakdown of the requirements of this new legislation, tips to help you create a workplace violence prevention plan, and best pratices to help you comply with these upcoming employer obligations.
What Is Workplace Violence?
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at work or on duty. It can range from threats and verbal abuse to physical assaults and even homicide, and affect and involve employees, clients, customers, and visitors.
Examples of workplace violence include:
- An attempt to inflict physical injury upon an employee. This includes hitting, shoving, pushing, or attacking someone physically in any way during work hours or on work premises.
- Expressing intentions to inflict harm, whether verbally, in written form, or through gestures.
- Actions that inflict emotional or mental stress, such as threats, obscene phone calls, or an intimidating presence.
- Intentional and wrongful physical contact with a person without their consent that results in injury.
- Engaging in behavior that creates a hostile work environment, such as bullying or sexual harassment.
- Stalking or repeated unwanted attention from a colleague or supervisor that causes fear or safety concerns.
- Insults, swearing, or shouting at colleagues, subordinates, or superiors in a threatening manner.
- Intentionally damaging property as a form of intimidation or aggression toward others.
- Bringing or using unauthorized weapons on work premises as a means of coercing or harming others.
What Is The Impact of Workplace Violence?
Aside from the obvious impact in terms of physical harm, workplace violence can have a number of negative effects, both on the victim and on the workplace as a whole.
This includes:
- Psychological trauma
- Increased absenteeism
- Decreased productivity
- Strained employee relationships
- Heightened stress levels
- Increased turnover rates if employees feel unsafe or unsupported in their work environment
- Damage to the company’s reputation
- Damage to the employer brand and difficulties in attracting and retaining top talent
- The potential loss of business opportunities
As a result of all the above, it’s essential for employers to implement measures to identify and address potential cases of workplace violence. Plus, aside from the upcoming legal requirements relating to the California workplace violence law, proactively addressing this issue will help you safeguard the physical and mental well-being of your employees and nurture a positive and productive work environment.
What Is The California Workplace Violence Law?
California is known for its progressive laws, especially those relating to employment. Notable labor laws in the state include:
In terms of workplace violence, California is in the process of enacting a new Senate bill. This bill is SB 553, more commonly referred to as the California workplace violence law, and it will come into effect on July 1, 2024.
This groundbreaking piece of legislation aims to protect employees, contractors, volunteers, customer, and other workplace visitors from acts of violence in the workplace. All employers in California must comply with the requirements of this new legislation. These requirements include developing and implementing a workplace violence prevention plan that meets specific guidelines, responding to reports of workplace violence, and maintaining a log of workplace violence incidents. Failing to meet these requirements could result in potential legal and financial penalties.
The California workplace violence law will work alongside 2 other key laws in the state, namely the California Occupational Safety and Health Act (Cal/OSHA) and Assembly Bill 2888, which allow employers to seek restraining orders to protect employees from credible threats of violence.
Employee Rights and Protections Under the California Workplace Violence Law
Before we break down your obligations as an employer under the new California workplace violence law, let’s take a look at the employee rights and protections offered by this groundbreaking initiative.
Specifically, according to the California workplace violence law, employees in the state have a right to:
- A safe work environment that is free from violence, threats, and intimidation.
- Report incidents of workplace violence without fear of retaliation.
- Access internal confidential channels to report incidents of workplace violence.
- Protection from employer retaliation in the event they report incidents of workplace violence or participate in investigations.
- Receive training on workplace violence, including the identification of potential risks and the proper actions to take in response to incidents.
- Access information on the risks associated with their specific workplace, including any past incidents, and the measures that the employer put in place to address said incidents.
- Be involved in developing and implementing safety plans and procedures related to workplace violence.
- Access emergency response procedures and expect prompt and effective action in response to a reported claim of violence.
- Access counseling and other support services if they have been affected by workplace violence.
- Seek workplace violence restraining orders (WVROs) to protect them from credible threats or actual violence.
- Consult with a lawyer or union representative if they are concerned about workplace violence.
- File a complaint with state or federal agencies if their rights under the California workplace violence law are violated.
Employer Obligations Under The California Workplace Violence Law
According to the California workplace violence law, employers in the state must:
- Establish, implement, and maintain a written workplace violence prevention plan.
- Maintain a log of all incidents of workplace violence even if the incident did not result in injury. This log must include information on every workplace violence incident, based on employee statements, witness statements, and investigation findings. Incident information must include the following:
- Incident date, time, and location.
- A detailed description of the incident.
- Who committed the violence.
- The circumstances at the time of the incident.
- Where the incident occurred.
- Specific incident characteristics, such as physical attacks, weapon involvement, threats, sexual assault, animal incidents, or other events.
- What the consequences of the incident were, including any law enforcement involvement.
- What steps were taken to protect employees from further threat or hazards.
- Who completed the log, including their name, job title, and the date completed.
- Provide effective training to educate employees on workplace violence. Training materials must be easy to understand and match the workers’ education, reading skills, and language. This training, which must be undertaken on an annual basis, must train employees on:
- The workplace violence prevention plan, including how to access it, and how to participate in its development and implementation.
- How to report workplace violence incidents without fear of retaliation.
- Job-specific violence hazards and preventive measures.
- The purpose of the violent incident log and how to obtain related records.
- Maintain records of identified workplace violence incidents and risks for a period of 5 years, including investigative and corrective actions.
- Maintain records of all workplace violence training for a period of 5 years.
How to Develop a Workplace Violence Prevention Plan
As we mentioned earlier in this post, perhaps the most notable employer obligation under the new California workplace violence law is establishing, implementing, and maintaining a written workplace violence prevention plan.
So what should this document include?
According to the specific requirements of the California workplace violence law, this workplace violence prevention plan must include:
- The names of the people responsible for its implementation.
- Effective procedures for employee involvement in developing and implementing the plan.
- Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee.
- Procedures to ensure compliance from employees, including supervisors.
- Procedures to communicate with employees regarding workplace violence matters.
- Emergency response protocols.
- Training provisions.
- Procedures to identify and evaluate workplace violence hazards that include inspections with the following frequency:
- When the plan is first set up.
- Periodic evaluations.
- After violent incidents.
- Whenever a new hazard becomes known.
- Procedures to correct workplace violence hazards that have been identified and evaluated.
- Post-incident response and investigation procedures.
- Mechanisms that ensure the plan is reviewed:
- Annually.
- When a deficiency is observed or becomes apparent.
- After a workplace violence incident.
- Any other procedure necessary for employee health and safety as required by the Occupational Safety & Health Standards Board.
Aside from the above, employers also need to make sure that all employees have access to this document. They must also periodically review this plan and ensure that employees receive a copy each time it is updated.
Workplace Violence Intervention Strategies
Ok, so far so good. We’ve seen what the new California workplace violence law is, what rights employees have, and the employer obligations that you must meet. Let’s take a look now at some best practices to help you create a workplace environment that is free from violence.
Here’s everything you need to know!
Create a Clear Anti-Violence Policy
Aside from creating a workplace violence prevention plan, it’s also a good idea to create a concise anti-violence policy so that your standards and expectations are clear. You can include this policy in your employee handbook or employee portal.
Make sure your anti-violence policy clearly states:
- Your standards for how employees must conduct themselves whilst at work.
- Your zero-tolerance stance against workplace violence.
- How employees can report incidents or suspected incidents of workplace violence, in confidence and without fear of retaliation.
- Support services that your company offers to victims of workplace violence, such as counseling and legal assistance.
In addition, make sure you regularly review and update your policy so that it reflects any changes in the law.
Offer Employee Training
Aside from being a requirement of the new California workplace violence law, offering regular training to your entire staff is a great way to nurture a culture that recognizes the signs of potential violence and understands the importance of upholding the standards set by your anti-violence policy.
The best place to start with this is by conducting an initial training needs analysis to see which areas you need to focus on. For example, you might find that you need offer workplace harassment training or implement de-escalation technique workshops. Above all, make sure you take into account job roles, workplace hazards, and regulatory requirements during this process.
Once you’ve done that, you can develop training content that is relevant, engaging, and tailored to the needs of your business. It’s a good idea to use a mix of training formats here, such as in-person sessions, online modules, videos, and simulations. This will help you accommodate different learning styles so that everyone takes the information on board.
Finally, make sure you keep a record of all employee training. The best way to do this is by using a training dashboard to centralize and coordinate all your training sessions.
Develop an Emergency Response Plan
If you don’t already have one, make sure you develop and share an emergency response plan that details the procedures you will follow if an employee reports a claim of workplace violence.
This plan should:
- Outline clear steps for employees to report incidents of workplace violence. This should include who they should report to and which channels they should use.
- Clearly define the roles and responsibilities of employees, supervisors, and HR in responding to reports of workplace violence.
- Detail your procedures for escalating reports of workplace violence to external authorities, if necessary.
- Emphasize the importance of maintaining confidentiality throughout the reporting and response process to protect the privacy and safety of all involved parties.
- Explain what support and resources you will provide to employees who have experienced or witnessed an incident of workplace violence. This might include counseling, legal assistance, or employee assistance programs (EAPs). It’s also a good idea to include contact details for state agencies that can support employees, such as the California Victim Compensation Board, California’s Workplace Violence Safety Program, and any legal aid organizations in your area.
Implement a Confidential Reporting System
This next point is essential for compliance with the new California workplace violence law. Make sure you implement a confidential reporting system so that employees can easily report any concerns about workplace violence without fear of retaliation. For example, Factorial’s Complaints Channel is a great tool for handling all types of complaints in your business, including workplace violence (more on this below).
It’s also a good idea to establish an individual (or team) to receive and handle all processed reports and that all claims are investigated thoroughly. And don’t forget to regularly review your reporting system to see whether it is up to scratch and if all cases are being followed up.
Above all, make sure that your reporting system is easy to access and navigate and that employees understand that all claims are handled confidentially (or anonymously, if they prefer) and without any risk of retaliation.
And don’t forget to maintain records of all this for at least 5 years!
How Can Factorial’s Complaints Channel Help?
Factorial’s Complaints Channel is a specialized feature within Factorial’s HR software that you can use to collect and manage all claims of workplace violence. It’s a secure and confidential platform where employees can report claims anonymously (if they choose) without fear of retaliation. You can also use it to document and track all workplace violence concerns and resulting investigations, helping you comply with the requirements of the new California workplace violence law.
Another great aspect of this feature is that you can customize access settings so that only authorized staff can access confidential complaints. This helps you maintain a sense of transparency and accountability in your complaint reporting system. Plus, you can configure notifications and status updates so that your complaints officers keep on top of all open incidents and nothing slips under the radar.
Ultimately, Factorial’s Complaints Channel is an accessible and user-friendly platform where your employees can rest assured that any incidents will be managed confidentially and professionally, helping you meet your employer obligations under the new California workplace violence law.
You can find out more about Factorial’s complaints channel here!
