Another 💔 Tragedy. Will CA Finally Enforce Its Workplace Violence Prevention Law?

Another workplace violence tragedy in California. Another life lost. And a second victim, hospitalized with a long physical and emotional recovery ahead of her.

And this latest incident, a shooting at a college, is eerily similar to a workplace violence shooting that occurred over a half a year ago. (Link to Santa Monica college post)

These tragedies keep happening despite California’s groundbreaking new workplace violence prevention law that went into effect on July 1, 2024. The law, created in response to other tragic workplace violence incidents, was intended to prevent these types of incidents from happening.

And yet here we are. Again.

So what gives?

Bluntly put.

A lack of enforcement.

When it comes to workplace violence, prevention is the only chance we’ve got, because there’s no pound of cure that can fix the harm caused by violence once it occurs. 

The victims of workplace violence, who have suffered devastating harm since the prevention law went into effect, deserve better.

Much better. 

Lack of Education, Expectations, and Enforcement

And not only has enforcement of the law been nonexistent, but it’s worse than that. Far too many employers and employees don’t even know that there is a law in place with specific requirements that they must meet.

You can’t claim to be enforcing a law when so many employers are unaware that there’s even a law to be enforced.

Yes, there are employers who have done everything right since the law came into effect. But, they’re the exception rather than the rule.

And here’s a simple truth. Plunking an employee down at a computer to go through a generic training doesn’t work, It’s not even what the law envisioned. 

Effective workplace violence prevention requires active employee involvement throughout the process of establishing, implementing, and maintaining a workplace violence prevention program.

But that’s not what’s been happening. 

I recently spoke with an employee of a private patrol company about the workplace violence prevention training he received. His response was telling. 

There “might” have been something he looked at on the computer, and someone who came and spoke during a lunch meeting “might” have said some about it. But, he’s not sure.

“Might have been” is not effective. It doesn’t keep employees safer.

I asked him what was covered in these supposed trainings? He didn’t remember. 

Information without implementation accomplishes nothing.

I asked him if the “training” he received was something that he could use to deal with the specific safety hazards he faces with his work? He answered, No. Without hesitation.

There will always be employers who do the bare minimum just to say they did something. And there are many employers who don’t know enough about violence to understand that workplace violence prevention is different than preventing other types of employment issues.

And that’s on California for not doing what it should have been doing from the get go in order to get employers on board with their requirements under the new workplace violence prevention law. 

Putting a law on the books without education and enforcement is ineffective at best, and counterproductive to the results the law seeks to achieve.

Suffering Needlessly

For Cameisha Clark, the dean of student affairs at Spartan College of Aeronautics, whose life was tragically cut short, and the second employee, who was hospitalized, after being shot by a security guard. One who, as a convicted felon, should never have been hired. It’s simply too late.

The devastation has been done. It can’t be reversed.

I saw a lot of violence and death during the 30 years I conducted civil plaintiff and criminal defense litigation investigations. Violence, that in many cases could have been prevented.

It angers me to learn when people suffer this type of devastation needlessly.

What California Needs to Do Right Now

I get it. Cal/OSHA is short-staffed. Something close to a 30% vacancy rate.

But, California’s governor and legislature, who got the law on the books, can help to free up the resources needed to enforce the law. It’s that simple.

And honestly, how difficult is it to launch a publicity campaign to educate employers of their responsibilities under the law? 

Easy peasy. So start educating employers right now.

And how hard is it to require that employers submit their workplace violence prevention plans that they’re required to put together and implement?

Not hard. Employers submit all types of information to the government all of the time.

Announce your expectations. And tell employers what they need to do to meet them.

California has a choice to make. Give the law a chance to be effective at preventing violence, and help people avoid the devastating impact of violence, or let violence occur and the damage be done. It really is that simple.

Finally, Cal/OSHA can start enforcement simply by announcing investigations into workplace violence incidents that occur. There is nothing like the possibility of 5 or 6 figure fine to jump start employers into taking the required actions.

Taking those three steps can move the violence prevention dial significantly. 

Lawyers Can Step in Where California Refuses to Tread

And if the state doesn’t do it? The worker’s comp and trial lawyers bars can. 

From my 30 years in litigation, I know that there’s nothing like being able to easily show that an employer not only had notice of a safety hazard, but then blatantly disregarded that safety hazard. Having that kind of information moves a case into slam dunk territory, and could well increase the damages that a client can recover. 

Litigation, and the threat of litigation, have moved the immovable many times before. It can do it again if California doesn’t meet the moment.

One way or another. These tragedies need to stop. That’s what workplace violence prevention is all about.

It’s time for California to say enough is enough, and start enforcing this law before it’s too late.

Workplace Violence Prevention Resources and Conducting Investigation Resources for You:

Not sure what you need to do to implement an effective workplace violence prevention program? My free California employers workplace violence prevention checklist will help you focus on just what you need to do. Download it here. 

California Workplace Violence Prevention Manual is available on Amazon. A great resource for California employers to make sure you’re getting your workplace violence prevention program right.

Would you like step-by-step training to take you through the process of outlining your California compliant workplace violence prevention plan. This workshop will take you through creating an effective workplace violence prevention program. 

California doesn’t just require that you develop a workplace violence prevention plan. You’ve got to train your employees too. My free Training on Demystifying Strategies to Avoid Physical Harm will help you navigate the most important; yet, least understood training requirement in California’s workplace violence prevention law.

Investigation Resources.

Looking to improve your staff’s ability to conduct internal investigations. My free Internal investigations checklist will help them make sure that they are getting it right.

Plaintiff law firms looking to get better results from your case preparation investigations, will find these two resources super helpful. Download your free guide 6 Steps to More Effective Interviews now.

Effective Litigation Investigations is available on Amazon.