The back-to-school season seems a fitting time for a reminder about California laws that require employers to provide training to their employees.
In addition to laws applicable to all or most employers, there are dozens of industry-specific training mandates, such as those requiring training of agricultural employees, amusement ride employees and healthcare employees.
Where training is required, it generally must be provided in a language and at a level that the employee can understand.
Sexual harassment prevention training
Government Code section 12950.1 requires employers with five or more employees to provide one hour of interactive sexual harassment prevention training to their nonsupervisory employees and two hours of such training to supervisors. The initial training must be given within six months of hire and every two years thereafter. A nonsupervisory employee who is promoted to a supervisory position must be given the two-hour training within six months of being promoted.
The California Civil Rights Department (CRD) provides free online training in six languages that complies with the statute. Employees who complete the training may save or print a certificate.
Government Code section 12950.2 authorizes, but does not require, employers to provide bystander intervention training “that includes information and practical guidance on how to enable bystanders to recognize potentially problematic behaviors and to motivate bystanders to take action when they observe problematic behaviors.” CRD’s online training addresses effective bystander intervention.
Occupational hazard training
Labor Code section 6401.7 requires employers, as part of their injury prevention program, generally “to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to each employee’s job assignment.” This is part of the duty of all employers under Labor Code section 6400 to provide their employees “a place of employment that is safe and healthful.”
Hazard training must be updated when employees are given a new job assignment and “whenever new substances, processes, procedures, or equipment are introduced to the workplace.” The California Occupational Safety and Health Standards Board has exercised its authority under the law to adopt less demanding standards for employers with few employees and for employers “with insignificant occupational safety and health hazards,” such as many traditional office-based occupations.
Workplace violence prevention training
With limited exceptions, California employers must provide their employees with annual training on their workplace violence prevention plan. The exceptions include worksites with fewer than ten employees working at any given time that also are not accessible to the public. The training must include six specific kinds of information, including “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.”
Human trafficking awareness training
The importance of the hospitality industry to the San Diego region warrants spotlighting an especially urgent kind of industry-specific training. Government Code section 12950.3 requires hotels and motels to provide 20 minutes of classroom or other effective interactive training upon hiring and every two years thereafter to employees “likely to interact or come into contact with victims of human trafficking.” Employees who must be trained include those working in reception, as housekeepers, as bell staff, and those who drive guests.
Consequences of failure to provide training
Depending on the statute, failure to provide mandated training may result in substantial civil fines or other enforcement actions.
Employers, however, should provide training to their employees for reasons beyond avoiding civil fines and lawsuits. Training is mandated to reduce the risk of bad things happening in the workplace, including violations of an employee’s civil rights and work-related injuries. And many employers provide training that is not legally mandated just to make their employees better at their jobs.
Integrating training – legally mandated and not – into all aspects of an operation therefore better equips an employer to prevent harm, address challenges and seize opportunities.
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.