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Workplace Violence in the News
Cal/OSHA Publishes Draft Workplace Violence Prevention Standard With Additional Proposed Requirements
On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill (SB) No. 553, establishing a new workplace violence prevention standard in California. SB 553 came into effect on July 1, 2024, and the new law requires virtually every California employer to implement a comprehensive workplace violence prevention plan with very specific requirements.
Cal/OSHA Publishes Model Plan and Guidance for Complying with Workplace Violence Prevention Law
Last year, California’s Governor signed Senate Bill (SB) 553, which requires all employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law takes effect on July 1, 2024. Cal/OSHA is responsible for enforcing the requirements of SB 553, now codified at California Labor Code Section 6401.9.
New Required Notice for Reporting Workplace Violence and Suspicious Activity
House Bill 915 of the 88th Regular Session of the Texas Legislature added a new work-site notice requirement for all Texas employers. The required notice provides information for reporting workplace violence or suspicious activity to the Department of Public Safety (DPS) and includes information about the right to make an anonymous report to DPS. Effective immediately, the notice must be posted in a conspicuous place, in sufficient locations convenient to all employees, and in English and Spanish, as appropriate.
1 in 4 Employees Saw Workplace Violence in Past 5 Years
Workplace violence continues to be a concern, as demonstrated by the conclusion of a new study from Trailand, Fear Factors: A 2024 Employee Survey Report on Workplace Violence, Harassment and Mental Health. The survey at found almost 1 in 4 respondents have witnessed workplace violence happening to another employee in the last five years and 12% have been the target of workplace violence themselves.
California’s New Workplace Violence Prevention Law: The Path to Compliance
California has enacted a new workplace violence prevention law, SB 553/California Labor Code Section 6401.9, requiring nearly all California employers to develop and implement a written workplace violence prevention plan, provide annual training on the plan to employees, and maintain a log of incidents of workplace violence. Employers have only until July 1 to develop and implement the plan as well as provide the first round of training.
NY Schools Added to Workplace Violence Prevention Law
The New York State Department of Labor (NYSDOL) has announced the expansion of the Workplace Violence Prevention Law (Section 27-b of Labor Law) to elementary and secondary public education facilities is now in effect. These facilities must complete a workplace violence policy statement, a workplace risk evaluation, and a workplace violence prevention program by May 3, 2024.
New steps employers must take to prevent workplace violence
On July 1, new Labor Code section 6401.9 added by SB 553 will require most California employers to implement a written workplace violence prevention plan, either as a standalone plan or as part of the employer’s required injury and illness prevention program. Employers should start developing their plans early in the new year.
Workplace Violence Is on the Rise, and So Are Regulations
Everyday acts of workplace violence affect more than a million Americans each year. A federal study published last year found an annual average of 1.3 million nonfatal workplace violence incidents between 2015 and 2019. Workplace homicides increased by 11% over that period, although they were down considerably from their peak in 1994.
External Resources
• Workplace Violence: A Universal Threat (https://www.nsc.org/getmedia/ab098602-3f95-4e7e-89d5-a31887ddff80/workplace-violence-fact-sheet.pdf)
• Violence and Harassment in the Workplace (https://www.ccohs.ca/oshanswers/psychosocial/violence/violence_domestic.html)
• California Department of Human Resources: Workplace Violence (https://www.dgs.ca.gov/OHR/Resources/Page-Content/Office-of-Human-Resources-Resources-List-Folder/Personnel-Operations-Manual/Workplace-Violence)
• Guidelines for Security & Safety of Health Care and Community Service Workers(https://www.dir.ca.gov/dosh/dosh_publications/hcworker.html)
• Model Written Workplace Violence Prevention Plan for General Industry (Non-Health Care Settings)(https://www.dir.ca.gov/dosh/dosh_publications/Model-WPV-Plan-General-Industry.docx)
• Workplace Violence Prevention in Agricultural Operations for Employers Fact Sheet(https://www.dir.ca.gov/dosh/dosh_publications/WPV-Agriculture-for-employers-fs.pdf)
• Workplace Violence Prevention in Agricultural Operations for Workers Fact Sheet(https://www.dir.ca.gov/dosh/dosh_publications/WPV-Agricultural-for-workers.pdf)
• Workplace Violence Prevention for General Industry (Non-Health Care Settings) for Employers Fact Sheet(https://www.dir.ca.gov/dosh/dosh_publications/WPV-General-Industry-for-employers-fs.pdf)
• Workplace Violence Prevention for General Industry (Non-Health Care Settings) for Workers Fact Sheet(https://www.dir.ca.gov/dosh/dosh_publications/WPV-General-Industry-for-workers-fs.pdf)
• Safe at Work California: What is an IIPP? (https://www.safeatworkca.com/safety-articles/what-is-an-iipp/)
• Safe at Work California: State Fund's IIPP Builder (https://www.safeatworkca.com/iipp-builder/)
• Department of Labor Workplace Violence Program (https://www.dol.gov/agencies/oasam/centers-offices/human-resources-center/policies/workplace-violence-program)
• California Office of Human Resources (https://www.dgs.ca.gov/OHR/Resources/Page-Content/Office-of-Human-Resources-Resources-List-Folder/Personnel-Operations-Manual/Workplace-Violence)
• Cal/OSHA: Workplace Violence Prevention in Health Care (https://www.dropbox.com/scl/fi/9jzb4r7pb69v8wo0c6f9g/WVP-Health-Care-fs.pdf?rlkey=5a9wocfyw2it6eknhdz0nsvi4&dl=0)
• County of Los Angeles Public Health: Workplace Violence Prevention(http://publichealth.lacounty.gov/ovp/WorkplaceViolencePrevention.htm)
• Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers (https://www.osha.gov/sites/default/files/publications/osha3148.pdf)
• Preventing Workplace Violence: Security Awareness Considerations (https://www.cisa.gov/sites/default/files/2023-11/Preventing%20Workplace%20Violence%20Security%20Awareness%20Considerations%20Infographic_508.pdf)
• Council for the Advancement of Standards in Higher Education: Identifying and Responding to Behavioral Concerns()
• What is a Performance Improvement Plan (PIP)? (https://www.indeed.com/hire/c/info/pip-meaning?co=US)
• How to Create a Performance Improvement Plan (https://www.indeed.com/hire/c/info/performance-improvement-plan?gclid=EAIaIQobChMI36X059vdgwMVgWBHAR1oPQq4EAAYAiAAEgJk-fD_BwE&aceid=&gclsrc=aw.ds)
• National Sexual Violence Resource Center: Sexual Violence & the Workplace (https://www.dropbox.com/scl/fi/efxmsw0c9mrwbg89helax/publications_nsvrc_overview_sexual-violence-workplace.pdf?rlkey=3huzhdxfx2jj8v2f9dizpiz56&dl=0)
• Model Workplace Policy on Domestic Violence, Sexual Violence, and Stalking (https://www.workplacesrespond.org/resource-library/model-guidelines/)
• CDC Intimate Partner Violence Prevention (https://www.cdc.gov/violenceprevention/intimatepartnerviolence/index.html)
• California Workplace Protections (https://www.womenslaw.org/laws/ca/workplace-protections/all)
• California Women's Law Center (https://www.cwlc.org/learn/violence-against-women/)
• Workplace Homicides Among US Women: The Role of Intimate Partner Violence (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4687019/)
• How to Improve Your Situational Awareness(https://www.asisonline.org/security-management-magazine/articles/2022/09/how-to-improve-your-situational-awareness/)
• Crime Prevention through Environmental Design Guidebook(https://rems.ed.gov/docs/mobile_docs/cpted-guidebook.pdf)
• Risk is Dynamic, So Physical Risk Assessment Should Be Continuous (https://www.dropbox.com/scl/fi/oao7akty9bwibmn8qe9op/Risk-is-Dynamic-So-Physical-Risk-Assessment-Should-Be-Continuous.pdf?rlkey=tuz1p5mypbxkgvv9obd3q73zv&dl=0)
• Getting to Know the Power of the Threat, Vulnerability, and Risk Assessment (TVRA)(https://www.asisonline.org/publications--resources/news/blog/2023/the-power-of-tvra-kevin-sun-cpp/)
• National Incident Management System Integration Center()
• NIMS Implementation Activities for Hospitals and Healthcare Systems (https://www.fema.gov/pdf/emergency/nims/imp_hos.pdf)
• What is Unified Command?()
• Psychological Resiliency Resources and Training for Disaster Responders()
• The National Response Team: Guidance for Managing Worker Fatigue During Disaster Operations()
• The National Response Team: U(https://www.dropbox.com/scl/fi/3wqp05t81z0hmdi5o84bi/Unified-Command.pdf?rlkey=mjk9dx4wlzq8bj6kzmnod4235&dl=0)nified Command Technical Assistance Document(https://www.dropbox.com/scl/fi/3wqp05t81z0hmdi5o84bi/Unified-Command.pdf?rlkey=mjk9dx4wlzq8bj6kzmnod4235&dl=0)
• The National Response Team: Guidance, Technical Assistance & Planning (https://www.nrt.org/main/Resources.aspx?ResourceType=Health%20and%20Safety&ResourceSection=2)
• University of Houston AAR Template()
• U.S. Department of Education: Lessons Learned()
• From School Crises and Emergencies()
• After-Action Reports: Capturing Lessons Learned and Identifying Areas of Improvement()
• Violence Prevention in Health Care (CA § 3342)()
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