By carlo
•
October 19, 2023
In the wake of workplace shootings and other violent events, there’s been a lot of pressure to require workplaces to have workplace violence prevention programs. The California legislature felt Cal/OSHA was taking too long to act on this, so they passed a law requiring most companies to develop and implement a workplace violence prevention program. This article will provide an overview of which workplaces must comply with this new law, what the main requirements are, and provide some insights from a Certified Safety Professional (CSP) on common mistakes to watch out for. Who Does It Apply To? This applies to most employers. It’s easier to make a list of who it doesn’t apply to. The following workplaces are exempt: Places of employment that have 10 or fewer employees working at any time, and are not open to the public. Healthcare and some related occupations that were already required to have a violence prevention program under §3342 . Prisons and law enforcement agencies. Remote workers who can work from any location of their choosing. There’s still some ambiguity there, and it is likely there will be some early test cases as to how this will apply to certain employers, especially mobile/field jobs. What Is Required? An employer must develop a written workplace violence prevention plan. Here are some of the key requirements: Specific steps for how the plan will be implemented, and communicated to employees; identification of specific persons/roles who have key responsibilities. Procedures for employees to report concerns/complaints, and how management will follow up with and handle these reports. Procedures for assessing potential workplace violence risks, and mitigating those risks. Emergency procedures for workplace violence events (like what to do during an active shooter event). Procedures for post-incident review and communication. Requirements for effective employee training (initial and annual refreshers). A process for keeping records of key program elements like hazard assessment, investigation, and followup, and a violent incident log to track workplace incidents. What Should California Employers Do? The deadline is about 8 months out. Companies not in one of the exempt categories will want to work on creating and implementing a violence prevention program by summer 2024. Companies with an existing workplace violence prevention plan will want to make sure it meets the new requirements. Safewest offers safety consulting in San Diego and throughout California. If you are considering consulting support on this project, send us a message and we can chat. A Common Issue with Written Safety Programs A lot of workplaces (and far too many safety consultants) take what might be called an “insert company name here” approach to written safety programs. Find a free template online, paste in the company name, add it to the safety binder or share drive, and...never think about it again. While there is value to templates for certain program areas that have common elements, it’s easy to get a false sense of security with an generic approach. Be wary of templates, especially ones that just require filling in a few blanks, rather than completing worksheets and a thorough internal assessment of company-specific risks. Be wary of consultants that are just filling in a few blanks on a template, and not doing the work of a proper hazard assessment. Some Thoughts on Workplace Violence in General From the perspective of a Certified Safety Professional (CSP) with an armed security and emergency response background, the most concerning gaps that have been noted on safety audits and program assessments have been: Not considering workplace violence indicators early in the hiring and probationary process. This goes beyond doing a “background check” (and the rules on this in California are changing), and one needs to tread carefully with privacy and fair hiring laws. Be creative: You can learn a lot about threat potential from a potential hire’s social media presence, bumper stickers, and tattoos, or casual chats with their ex-coworkers; more than any background check would show. Potential for violence needs to be considered during the hiring process, and any potential concerns after hire need to be addressed as early as possible. Security expert Gavin DeBecker’s book “The Gift of Fear'' has a great pair of chapters on this in a discussion on workplace violence. Note: This isn’t saying anyone with a criminal history should be eliminated as an applicant. Many people have made mistakes earlier in their lives, and especially if those mistakes were not of a violent nature, they could be a great employee. The key is to develop a comprehensive approach to assessing someone’s potential for violence; their past is one part of that picture. Failure to plan for and take effective action when a potential threat is identified. There have been too many observed instances of “walking red flags” who show clear indications of being on a gradually escalating path that could lead to violence, being ignored, or addressed at the same level one might address non-violent harassment, “missing” office supplies, or absenteeism. Absolutely, every case deserves both due process and confidentiality, but the plan (and resources brought in) for a potentially violent threat are of a fundamentally different nature. This plan, and these resources, need to be developed in advance. Active shooter training being mistaken for workplace violence prevention training. Active shooter response training is important, but that is when things are already upside down. A proactive approach to workplace violence requires teaching employees what pre-event warning signs and hazards to watch out for, who to talk to if something doesn’t seem right, and having an effective safety management system in place that follows up on these concerns (which also requires managers and HR professionals to have additional training). This is a complex issue that requires a multi-disciplinary approach with professionals from human resources, safety, security, and mental health. It’s also an emotionally heavy issue to confront the reality of violent attacks in the workplace. Don’t forget that this is a brand new law, so there will be a period where everyone, including regulatory agencies, politicians, and safety professionals, will be learning the best ways to meet the objective of reducing workplace violence risks. For safety professionals (or employees wearing the safety hat at their company) that are feeling a bit overwhelmed, start with something simple, but appropriately customized to your workplace, start testing it out and gathering feedback, and make incremental improvements over the course of the year. ------ Safewest can offer health and safety program consulting support on a per-project or part-time basis. Contact us to discuss your needs.