WVPP Webinar Material

Webinar: April 30, 2024 Files

SB 553: Workplace Violence Prevention Compliance Solution for California Employers
(Discounted Pricing - Click Below)

FAQs
(Coming Soon)
Provided by Jennifer Lippi, SR. Hr Consultant at Silvers HR &
Anthony Poston, CEO of ESM

Q: The plan calls for continuous training for staff. What is a good frequency and what must it contain?

A: Employers must provide employees with an initial training and annually thereafter.  While there is not specific time limit, it must contain the following:

• Familiarizing employees with the plan, how to obtain a copy, and how to participate in the development and implementation of the employer’s plan.

• Definitions and requirements

• How to report workplace violence incidents without fear of retaliation.

• Understanding of job-specific violence hazards and preventive measures.

• Purpose of the violent incident log and how to obtain related records.

• Opportunities for interactive discussions with someone knowledgeable about the employer’s plan.

• When new or previously unidentified workplace violence hazards are discovered, or changes are made to the plan, the employer must provide additional training that focuses on the specific hazard or plan modifications.

Q: We are in construction and utilize tailgates in the field and quarterly meetings at the main office. How do we include all staff, office and field?

A: ESM offers one-page hand out trainings in English and Spanish. We also offer a custom training URL, which can be emailed or texted to staff. Please reach out to our team for more information on the WVP Solution we offer. Click here to contact us.

Q: We have a workplace violence prevention section in our Emergency Action Plan to comply with the Emergency Action Plan Standard, 29 CFR 1910.38.

A: As this new standard falls under Cal/OSHA’s jurisdiction, employers must develop a plan that complies with this regulation. As there are similarities (e.g., shelter in place, evacuation routes, etc.), some of the EAP processes can be used for the 553 requirements. Also, if applicable, employers can use their EAP committee (or safety committee) to help develop the WVP plan.

Q: Any mention about active shooter procedures or is that up to each employer?

A: WVP can come in many forms with active assailant as being one. These exposures and mitigating best practices are best discussed within your WVP task force, as these will be specific to each employer’s exposures. Additionally, in your discussions, outline post-incident procedures (e.g., counseling, Employee Assistance Programs if available, etc.)

Q: You mentioned criminal event, does employee vehicles getting vandalism /break-in/theft on company parking lot are considered WPV?

A: Yes, if this is on company property. As part of your hazard assessment consider parking lots and secondary entrance exposures and best practices to mitigate these.

Q: What about if you have primarily Remote workers?

A: SB 553 says that Employees teleworking from a location of the employee’s choice, which is not under the control of the employer are excluded from the regulation, we recommend you at least develop the WVP and provide training to all employees.

Q: Who is qualified to give the Employees the training?  Would it be the Safety Manager, HR?

A: Per Cal/OSHA, employers can designate an individual who they feel is Qualified and Competent to perform the training. This individual is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees. For more information on these terms, click here. Training must allow for an opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan (e.g. your WVP Planning Group).

Q: Are owners included in the 10-employee threshold?

A: Yes, employers with 10 or more employees are required to comply with the regulation.

Q: How would you recommend a service company like a janitorial or landscape provider address plans for each separate job site?

A: We recommend asking the client or site owner about their WVP plan. If they require specific procedures, those should be communicated to the onsite staff. Otherwise, employees should follow their company’s reporting procedures and report all incidents to their manager or designated WVP administrator, regardless of the location in which it occurs.

Q:  Are workplace violence incidents also required to be entered on the Cal/OSHA Form 300?

A:  Cal/OSHA has an FAQ on this issue.  Cal/OSHA advises:  It depends. All workplace violence incidents are required to be documented in the violent incident log. However, employers are required to record information on the Cal/OSHA Form 300 about every work-related death and work-related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid, including those as a result of workplace violence. Employers must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional.  You can find a full list of the FAQ’s here.