California Workplace Violence Prevention: Does My Business Need a WVPP?
Estimated read time: 5 minutes
Key Takeaways
Most California employers are generally required to:
Maintain a written Workplace Violence Prevention Program (WVPP) and review it annually.
Train employees at least annually.
Keep required records, including workplace violence incident logs.
The law contains only a few, narrowly interpreted exemptions.
A WVPP is not the same as an Injury and Illness Prevention Program (IIPP), even though the two programs may be combined into one document.
Failure to comply may result in Cal/OSHA citations, increased legal liability, and a loss of employee trust.
With so many competing priorities, it's understandable why this project often gets pushed to the bottom of the list.
Here is what Central Coast small business owners need to know.
Does My Business Qualify for an Exemption?
For most employers, the answer is No.
California's workplace violence law includes only a handful of exemptions.
Generally, the following employers are exempt:
Health care facilities covered by Cal/OSHA's Workplace Violence Prevention in Health Care standard
The California Department of Corrections and Rehabilitation
Law enforcement agencies
Employees working exclusively from a location not under the employer's control
Workplaces with fewer than 10 employees present at any one time that are not accessible to the public
Two Exemptions That Cause the Most Confusion
The final two exemptions are much narrower than many employers realize.
Fully Remote Employees
The remote work exemption applies only to employees who work entirely from a location outside the employer's control.
It generally does not apply if employees:
Work a hybrid schedule
Occasionally report to the employer's office
Visit client locations
Perform work at employer-controlled worksites
Small, Non-Public Worksites
Many small businesses assume they are exempt simply because they have fewer than 10 employees.
That's only part of the test.
To qualify, both of the following must be true:
Fewer than 10 employees are present at the worksite at any given time; and
The workplace is not accessible to the public.
If your office regularly receives customers, vendors, applicants, delivery personnel, or other visitors, you may not qualify.
When You're Unsure, Be Careful
Ultimately, the employer bears the burden of demonstrating that an exemption applies.
If there's any uncertainty, consult qualified legal counsel before deciding your organization is exempt. In many cases, implementing a compliant WVPP is far less expensive than defending a Cal/OSHA citation.
Source: CalChamber, California Workplace Violence Prevention Requirements (adapted and summarized)
Your WVPP Is Not the Same as Your IIPP or Anti-Harassment Training
One of the biggest sources of confusion is that employers often believe these programs overlap enough that one satisfies the others. They don't.
Injury and Illness Prevention Program (IIPP)
Your Injury and Illness Prevention Program (IIPP) is California's foundational workplace safety program. It focuses on identifying and correcting workplace hazards to prevent employee injuries and illnesses.
A Workplace Violence Prevention Plan can be incorporated into your IIPP, but simply having an IIPP does not satisfy the requirements of SB 553. The workplace violence components required by Labor Code Section 6401.9 must still be developed and maintained.
Anti-Harassment Training
California's required sexual harassment prevention training serves an entirely different purpose.
Anti-harassment training focuses on:
Preventing unlawful harassment and discrimination
Recognizing inappropriate workplace conduct
Bystander intervention
Reporting protected complaints
A Workplace Violence Prevention Plan, on the other hand, focuses on:
Identifying workplace violence hazards
Emergency response procedures
Violence prevention strategies
Employee reporting procedures
Violent incident investigations
Workplace violence training
Violent Incident Logs
While there may be situations where harassment escalates into threatening behavior, anti-harassment compliance does not satisfy the Workplace Violence Prevention requirements.
What Should a Workplace Violence Prevention Plan Include?
A compliant WVPP should be tailored to your workplace and include procedures for:
Assigning responsibility for the program
Employee participation
Reporting workplace violence concerns
Preventing retaliation
Communicating with employees
Emergency response
Workplace violence hazard assessments
Correcting identified hazards
Post-incident investigations
Annual review and updates
Every workplace is different, so your plan should reflect your organization's specific operations and risks.
See Fact Sheet from Dept of Industrial Relations (DIR)
Final Thoughts
A Workplace Violence Prevention Program isn't just another compliance requirement to check off a list.
It's an opportunity to establish clear expectations, create reporting procedures, prepare for difficult situations, and demonstrate your commitment to providing a safe workplace for your employees.
If you've been putting your WVPP on the back burner because there never seems to be enough time, you're not alone.
The important thing is to take the next step before you're forced to.
A little preparation today can save your organization significant time, stress, and uncertainty tomorrow.
Need Help?
At Shomari McLemore Consulting, I help Central Coast employers develop practical, customized Workplace Violence Prevention Programs that meet California requirements while fitting the realities of their business.
Whether you're starting from scratch or updating an existing program, I can help you build a WVPP that's compliant, practical, and tailored to your workplace.
Disclaimer
This article is provided for informational purposes only and should not be considered legal advice. Labor laws change frequently and may apply differently depending on the specific facts of each situation. Employers should consult qualified legal counsel or an HR professional regarding their particular circumstances.
