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Cal/OSHA Publishes Model Workplace Violence Prevention Plan for New Law

Cal/OSHA has published a model Workplace Violence Prevention Plan to help California employers comply with a new law requiring that they have in place a workplace violence plan.

The model is designed to provide structure for employers to create their own plans. Businesses have the option to use the model plan, create their own or use another plan template. Alternatively, they may incorporate workplace violence prevention into their current injury and illness prevention plan.

The new requirements are the result of SB 553, which was signed into law last year in response to increases in workplace violence incidents around the country.

Cal/OSHA has posted the model plan and a fact sheet for general industry here. The model plan is written for a “broad spectrum of employers,” and companies will need to revise it and add their own information to address the specific needs of their workplace.

Cal/OSHA notes that employers who plan to use the model, should identify an individual or individuals to be responsible for implementing the plan, and ensure that they:

  • Review the full requirements of the new law (Labor Code sections 6401.7 and 6401.9).
  • Review the requirements for each of the elements found in the model plan and fill in the parts that will focus the plan on their particular workplace.
  • Obtain the active involvement of employees and their authorized employee representatives in developing and implementing the plan.
  • Make the plan available and easily accessible to affected employees, authorized employee representatives, and representatives of Cal/OSHA upon request.

 

Cal/OSHA has also created a page on its website that is dedicated to the new law and provides guidance for employers to follow. It recommends that whomever you appoint to implement the plan familiarize explore the page for further guidance.

Employers should not just fill in the blanks, save the file in the company database and forget about it. The law also requires you to train your staff on the details of the plan to ensure they know what to do in case of an incident or if they want to report a threat of violence in the workplace.

To ensure the plan is effective requires planning, evaluating the workplace, putting in place procedures and training.

 

The legal requirements

The law requires that an effective workplace violence prevention plan:

  • Identify who is responsible for implementing the plan.
  • Involve employees and their representatives in its creation.
  • Include details for how to accept and respond to reports of workplace violence.
  • Prohibit employee retaliation.
  • Include details for communicating with employees regarding workplace violence matters.
  • Lay out instructions for responding to actual and potential emergencies.
  • Require the employer to develop and provide effective training. Employees must be provided with initial training and then an annual refresher.
  • Require the employer to identify, evaluate and correct workplace violence hazards.
  • Require the employer to post incident response and investigations.

 

Getting started

Employers who are unsure how to proceed with a workplace violence prevention plan should visit the Cal/OSHA website and download the model plan. The same page has a fact sheet that provides further guidance on:

  • How to create the plan.
  • How to create and maintain a workplace violence log.
  • How to train employees on the plan.
  • How to comply with the law’s record-keeping requirements.
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Getting Buy-in from Managers on Workplace Safety Programs

One of the keys to instituting a good safety program is to get management and supervisor buy-in.

You need their support and belief in the system if you are to convince your employees to embrace your safety regimen. If your managers don’t believe in the safety plans you have put together, it will show through when they try to sell them to your staff.

If you don’t have buy-in from your managers, the chances are slim to none that your employees will embrace the changes you are proposing. Managers play a crucial role in getting employees on board with safety.

If you are serious about preventing injuries and want to keep your workers’ comp X-Mod low, the role of your management team is crucial.

You will often encounter a few different personality types among your managers and they need to be convinced of the importance of workplace safety in different ways.

  • The excuse-makers: They are the ones that blame external factors that are out of their control for safety lapses, and they may pooh-pooh the harm that a high X-Mod has. They may talk the talk on safety, but they don’t walk the walk.
  • Half-hearted bosses: These managers may actually buy into the safety program, but they are unable to show their commitment in ways that make an impression on the rank and file.
  • Committed: These managers are fully committed and enthusiastically embrace your safety plans and discuss them with staff with exuberance.

You’ll need a different approach with each personality type to get them to embrace the concept. Once they do, they can effectively convey the urgency and importance of workplace safety to the rank and file.

Constructor Magazine recently had these recommendations for getting management buy-in:

Select the right leaders – Choose managers who are firm, yet fair with a passion for the safety of the workforce. They should have a track record of success so that they can be an inspiration to their teams. Also, they should not be afraid to get their hands dirty to make a point or demonstrate how something is done.

Talk about risk management holistically – Every facet of your operation needs to be addressed if you want a comprehensive global risk management culture to exist.

Executives can influence this by extending discussions of risk management beyond the worksite to help managers see the bigger picture of why safety matters.

Assessing the risk associated with every task, purchase order, estimate or piece of equipment used will reinforce the notion that risk management is a company-wide function and not only in the sphere that the manager is responsible for.

Make periodic site visits – Top leadership should make a point to get on the floor and visit various departments to watch the workflow and reinforce the importance of safety to the workers. They should make these visits with the manager who has been put in charge of safety for that department.

At the same time, they should not arrive and start nitpicking and being enforcers of safety policy. Instead, their role should be to start conversations with the workers about safety challenges and asking for advice and ideas to make the operation safer.

They can use these visits to also celebrate successes and challenge the team to do better and always look for issues that could lead to injuries.

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Is Your Business Doing Enough to Prevent Workplace Violence?

Violence in the workplace is a growing problem for which many U.S. employers are unprepared.

Business owners may believe that their workforces are like families and that a violent outburst could never happen at work. They may also think that they have adequate security in place to stop an outsider from launching an attack or that their business would never be a target. These assumptions are probably mistaken.

Violence can take many forms and result in injuries or death, and employers are increasingly advised to put in place security and workplace violence prevention measures. Besides the human toll, a number of insurance policies may come into play after an incident.

In 2020, 20,050 workers in private U.S. businesses suffered non-fatal workplace violence trauma. Another 392 workers were killed. While three-quarters of the non-fatal victims worked in health care, more than 30% of those killed worked in retail. Employees at gas stations and convenience stores were particularly at risk.

Government is starting to address the problem. A California law taking effect July 1, 2024 will require employers to implement written workplace violence prevention plans. These must include annual workplace violence prevention training, incident logs and other recordkeeping.

The U.S. Occupational Safety and Health Administration created guidance for health care employers about workplace violence prevention. It cited several hospital systems in 2023 for failure to provide safe workplaces.

 

Insurance

Companies that have suffered a workplace incident can turn to several insurance policies,

including:

  • Workers’ compensation, for injuries suffered by employees or their deaths. One workers’ comp insurer has reported that the rate of workplace violence injuries has quadrupled over the past 25 years and the cost of those claims has doubled.
  • Commercial general liability insurance, for injuries and property damage suffered by members of the public on the business’s premises at the time of the incident.
  • Employment practices liability insurance, for employees who were not injured but were nevertheless traumatized from witnessing the incident.
  • Commercial property insurance, which may cover damage done to the business’s building and personal property. For example, gunshots may damage walls, windows and equipment.

 

In addition, relatively new types of insurance such as workplace violence and active-assailant policies may cover expenses that traditional policies do not. These might include employee counseling, changes to undamaged parts of the building to make it more secure, and public relations efforts to repair a damaged reputation.

 

Prevention steps

While workplace violence that results in deaths often makes the news, the majority of incidents are smaller, such as an isolated attack by someone who has been fired. A business cannot absolutely prevent a workplace violence incident, but you can take steps to make it less likely. These include:

  • Establishing and enforcing a “zero tolerance” policy for bullying, harassment of any kind, discrimination or intimidation.
  • Modifying employer policies about sexual harassment to encompass all kinds of workplace violence.
  • Making violence prevention a regular agenda item at employee meetings.
  • Having procedures in place for reacting to any incidents that do occur, including assignment of responsibility for executing the procedures to specific individuals.
  • Setting up a mechanism for employees to report any threats of violence towards them or co-workers.

 

There have always been violent incidents in workplaces, but they are becoming more common. Preventing them helps workplace morale and employee retention, protects your reputation —

and helps keep the workplace a pleasant and productive place for everyone.

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Keeping Your Workers Safe around Electricity

While all businesses need electricity to get the job done, it can also pose a significant safety issue if your workers are careless.

To reduce the chances of a workplace injury or death, it’s imperative that you train your workers in electrical safety. While we’ve all gotten an electrical shock at some point, it should not be taken lightly as even a small amount of electrical current can be fatal if one of your employees is in its path.

Here are some of the main topics you should focus training on:

 

Metal and water

The danger of electrocution is greatest around metal objects and in damp conditions.

  • Train your workers to make sure that all electric equipment, switch enclosures and conduit systems are properly grounded and that all external or damp operations are wired for wet conditions prior to operations.
  • They should wear the correct gear, such as rubber gloves and boots, while working in damp environments.
  • You should provide rubber mats, insulated tools and rubber sheets to protect them from exposed metal.

 

Defective equipment

Defective equipment can result in shock or electrocution.

  • Workers and supervisors should inspect electrical equipment, outlets, plugs and cords before each use.
  • If a worker finds faulty or damaged equipment, they should point it out to a supervisor who should remove, tag and have the item repaired.

 

Cord management

  • Make sure outlets and cords are of adequate size and length to prevent an electrical overload.
  • Keep cords out of the way to avoid tripping hazards, as well as damage from being stepped on.
  • If cords must cross a traffic area, protect them with planks or other means.

 

Lockout/blockout

  • Follow lockout/blockout procedures. Treat every electric wire as if it were a live one.
  • Workers should stop using a tool and appliance if they feel even the slightest shock or tingling.
  • They should turn off the power if they smell a hot or burning substance, or if they notice smoke, sparks or flickering lights.

 

Watch for power supply lines

Contact with overhead power supply lines is one of the most common causes of electrocution. This usually happens when workers are using portable elevators, cranes, pipes or hoisting machinery that puts them in close proximity to power lines.

  • Workers using high-clearance devices should continually scan and monitor for danger and take sensible precautions to avoid contact with overhead lines.
  • If an overhead line breaks, they should keep away from the wire and everything it touches, and then call the power company to shut off the electricity.
  • Only qualified electricians should repair electrical equipment or work on energized lines.

 

One last thing…

Besides training your workers in all facets of electrical safety, don’t forget to train them in emergency response procedures and CPR, too.

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