California's New Workplace Violence Prevention Law

Starting July 1, 2024, California's first general industry workplace violence prevention law requires nearly all employers, including retail, to adopt a Workplace Violence Prevention Plan (WVPP) under Senate Bill 553 (California Labor Code section 6401.9).

Key Requirements:

• WVPP Adoption: Employers must establish and maintain a WVPP, which can be standalone or part of the Injury and Illness Prevention Program.
• Employee Training: Mandatory training on workplace violence risks and safety protocols.
• Incident Logging: Detailed records of every violent incident and related investigations must be kept.
• Plan Customization: WVPPs must be tailored to specific hazards at each location.
• Regular Review: Annual reviews or more frequent updates if deficiencies or incidents occur.
• Accessibility: WVPPs must be easily accessible to all employees.
• Non-Retaliation: Employers cannot retaliate against employees seeking help from emergency services during violent incidents.

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Exceptions:

• Remote workers at locations that are not under employer control. You're on your own!
• Locations with fewer than 10 employees that are not public-facing and comply with existing Cal/OSHA regulations. That seems to be the standard cut-off for needing additional protections.
• Certain healthcare facilities and law enforcement agencies. Just certain ones, tho.

Important Notes:

• Animal attacks are classified as workplace violence. Yes, you read that correctly.
• Employee involvement in developing the WVPP is required.
• Employers should avoid top-down corporate plans unless hazards are consistent across all locations. So, location-specific plans are needed.

This new law underscores the importance of the need for measures to address potential injury from violence in the workplace. For more detailed information, visit the California Legislative Information site.

Blaine J. Hoffmann has been in the occupational safety & health industry for over 28 years and is the author of "Rethinking SAFETY Culture" and "Rethinking SAFETY Communications," available now. Blaine is the producer and host of The SafetyPro Podcast and founded the SafetyPro Podcast community site.

The enactment of RCW 49.84 in the state fo Washington targets the operational dynamics of warehouse distribution centers. This law, effective from July 1, 2024, introduces a series of comprehensive measures seeking to safeguard warehouse employees against "unreasonable quotas and working conditions." So, let's break down key sections of RCW 49.84.

Definitions and Scope

RCW 49.84 sets out clear definitions for key terms such as "employer," "employee," and "quota," ensuring that the law's provisions are applied consistently across all applicable entities. An "employer" is defined broadly as any entity controlling the work conditions of 100 or more employees at a single site or 1,000 employees across multiple sites in the state of Washington, highlighting the law's intent to cover significant employers in the industry.

Employer Obligations

Central to RCW 49.84 is the obligation placed on employers to provide transparent and detailed descriptions of any quotas that employees are expected to meet, including the tasks to be performed, the speed required, and the potential consequences of failing to meet these quotas. Employers are also mandated to keep accurate records of employee performance relative to these quotas, ensuring that there is a factual basis for any disciplinary actions taken as a result of not meeting such quotas.

Time Requirements for Quotas

A significant aspect of the law is that time allocated for quotas must include periods for rest breaks and other non-task activities and hopes to ensure that employees are not penalized for taking legally mandated breaks or for time spent in essential non-task activities, such as using restroom facilities or moving between different areas of a warehouse.

Violations of RCW 49.84 occur when employers set quotas that do not allow for these time considerations or fail to provide the requisite quota information to employees. Penalties for non-compliance can be severe.

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Enforcement and Compliance

The Department of Labor and Industries is tasked with enforcing these regulations. It has the authority to investigate complaints and assess penalties, which includes the ability to conduct audits and require employers to make necessary adjustments to their operational practices.

Employees and employers can appeal the Department's decisions regarding alleged law violations. This appeal process ensures fairness and allows for a thorough review of the facts before any penalties are finalized.

Implementation Timeline

The law's provisions are set to take effect on July 1, 2024, allowing employers some time to adjust their practices and ensure full compliance as well as for outreach and education efforts to inform all stakeholders about the new requirements.

The Results?

While RCW 49.84 seeks to improve working conditions in warehouse distribution centers, it also presents several potential drawbacks:

1. Increased Operational Costs: Employers may face higher costs due to additional administrative work needing to comply with the law, including updating systems to track quotas and work speed data accurately.
2. Reduced Flexibility: The specific requirements for time accounting in quotas could reduce operational flexibility, making it harder for warehouses to quickly respond to fluctuating customer and business demands.
3. Potential for Reduced Productivity: By imposing strict regulations on how quotas are set and enforced, overall productivity could decrease if employees and managers focus more on compliance than on efficiency. Furthermore, most businesses have already set realistic quotas that fully accommodate all legally mandated breaks or the realistic pacing of work throughout a shift.
4. Legal and Compliance Risks: The complexity of the new rules might increase the risk of inadvertent non-compliance, potentially leading to legal challenges and penalties, which could be costly and time-consuming for businesses.
5. Impact on Small Businesses: Smaller warehouse operators might find the requirements particularly burdensome, as they may need more resources to easily adjust their operations and management practices to comply with the new law.

These challenges suggest that while the law seeks to protect workers, it also necessitates careful implementation to avoid undue burden on warehouse operations, especially in a competitive economic environment. What do you think? Join in on the conversation. Become a member of the SafetyPro Podcast Community site today!

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Blaine J. Hoffmann has been in the occupational safety & health industry for over 28 years and is the author of "Rethinking SAFETY Culture" and "Rethinking SAFETY Communications," available now. Blaine is the producer and host of The SafetyPro Podcast and founded the SafetyPro Podcast community site.

A final rule issued by the Mine Safety and Health Administration (MSHA) hopes to reduce miners' exposure to respirable crystalline silica, recognized as a significant health hazard, and to enhance respiratory protection.

The rule sets a new permissible exposure limit (PEL) for respirable crystalline silica at 50 micrograms per cubic meter of air for an 8-hour time-weighted average across all mines, with an action level of 25 micrograms.

The comprehensive measures introduced in the final rule include:

1. Exposure Monitoring: Mine operators must regularly sample air quality to assess levels of respirable crystalline silica and evaluate changes in mining production, processes, or equipment that could affect exposure.

2. Corrective Actions: Immediate action is required if monitoring shows that exposure exceeds permissible levels. This includes implementing additional controls to reduce silica dust and re-evaluating effectiveness through further sampling.

3. Respiratory Protection: Temporarily requires the use of respirators at metal and nonmetal mines if silica levels exceed the PEL during periods when engineering controls are being developed.

4. Medical Surveillance: Mandatory health checks for miners to identify early signs of silica-related diseases, ensuring continuous health assessment.

These updates are designed to mitigate health risks like silicosis and lung cancer, aligning miners' protection closer to standards in other industries. Compliance timelines vary, with some requirements taking effect in 2024 and others in 2026.

Check out the final rule.

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Blaine J. Hoffmann has been in the occupational safety & health industry for over 28 years and is the author of "Rethinking SAFETY Culture" and "Rethinking SAFETY Communications," available now. Blaine is the producer and host of The SafetyPro Podcast and founded the SafetyPro Podcast community site.