New California workplace violence prevention requirements now enforceable for ag workers

A new regulation, California Labor Code section 6401.9 enacted under Senate Bill 553 (Cortese), requires all agricultural employers including those at farms, orchards, vineyards and other agricultural workplaces, to establish, implement and maintain a Workplace Violence Prevention Plan. This law, which became enforceable as of July 1, aims to protect workers from the growing threat of violence in the workplace, according to the California Department of Industrial Relations. 

Employers must ensure that their WVPP includes procedures for identifying and correcting workplace violence hazards, reporting incidents and training employees. The plan must cover all types of workplace violence, including those committed by individuals with no legitimate business at the worksite (Type 1), violence from clients or customers (Type 2), internal conflicts among employees (Type 3), and personal relationships that spill over into the workplace (Type 4). 

Specific Requirements for Agricultural Employers: 

• Employee training: Employers must provide workplace violence prevention training upon the establishment of the WVPP, during initial training and annually. Additional training is required if new hazards are identified or changes are made to the WVPP. 

• Dual-employer and staffing agency responsibilities: Both the staffing agency and the host agricultural employer must ensure that temporary workers are protected from workplace hazards, including workplace violence. 

• Rights of workers: Agricultural workers have the right to request a free copy of the WVPP, receive training in a language they understand and report workplace violence without fear of retaliation. 

The implementation of this law emphasizes the importance of involving employees in the development and execution of the WVPP, to ensure a safe and healthy working environment in California’s agricultural industry.