Some employers are exempt

A8 Mandatory record keeping

An employer must keep a log with information about each incident of workplace violence. The log must omit personal identifying information of anyone involved in the incident.

The log must include, among other things:

• When and where the incident occurred;

• A detailed description of the incident;

• The workplace violence type, including whether it was committed by a customer, current or former employee or stranger;

• The surrounding circumstances, including whether the employee was “working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help …;”

• The nature of the incident, such as whether it involved a physical attack with a weapon or a sexual assault; and

• Whether security or law enforcement was contacted and actions the employer took to protect employees from any continuing threat.

Mandatory employee training

When the plan is introduced and annually thereafter, employers must provide training of unspecified duration to their employees about their plans, using training material “appropriate in content and vocabulary to the educational level, literacy, and language of employees.”

The training must advise employees about, among other things:

• How to obtain the plan and how to participate in the development and implementation of the plan;

• How to report workplace violence incidents or concerns to the employer or law enforcement; and

• Workplace violence hazards “specific to the employees’ jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.”

A person knowledgeable about the plan must be available at the training to answer employee questions. An employer must provide additional training “when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan.”

Exempt employers

Hospitals and other health care and related facilities are already required under existing law and regulations to have workplace violence prevention plans so they are exempt from the requirements of the new law.

Also exempt from the new law are: (1) any location chosen by employees to telework that are not under the employer’s control; and (2) workplaces “where there are less than 10 employees working at the place at any given time and that are not accessible to the public.” That means small employers with publicly accessible workplaces, such as small shops and restaurants, are subject to the new law.

Dan Eaton is a partner with the San Diego law firm of Seltzer Caplan McMahon Vitek where his practice focuses on defending and advising employers. He also is an instructor at the San Diego State University Fowler College of Business where he teaches classes in business ethics and employment law. He may be reached at eaton@scmv.com.