Chapter 3 – Personnel, Training, and Employee Relations

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) and California Correctional Health Care Services (CCHCS) policy is to conduct business in the safest manner possible adhering to all applicable State and Federal laws, rules and regulations relating to occupational safety and health. The CDCRCalifornia Department of Corrections and Rehabilitation Office of Employee Health Management (OEHM) will provide administrative services and addresses communicable diseases statewide. OEHM develops and distributes educational material on California Code of Regulations (CCRCalifornia Code of Regulations) Title 8, and is the key department contact with CCHCS on occupational and public health issues throughout the department.

The Health and Safety Program is designed to prevent workplace incidents, injuries, hazardous exposures, and illnesses. Employees and inmate workers are responsible to support the safety program and perform their duties in a manner that ensures their personal safety and the safety of others. To be successful in this endeavor, all employees and inmate workers shall adopt proper and cooperative attitudes towards the Health and Safety Program.

Employees

• A person legally holding a position in the State civil service. Contractors, registry staff, and subcontractors are not considered to be CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS employees. Employees refers to supervisors, managers, and staff.

Inmate Worker

• An incarcerated person whose work substantially replaces the work of a civil service employee.

Worksite Administrators

• Have the authority and responsibility for implementing the provisions of Health and Safety Programs for their assigned worksite as well as ensuring all non-CDCRCalifornia Department of Corrections and Rehabilitation and non-CCHCS employees (e.g., registry workers, contractors, subcontractors) have equivalent Health and Safety programs such as Injury and Illness Prevention Program (IIPP) before performance of the work, both under the contract for the performance of the work and in fact. Worksite Administrators include working titles such as IIPP Administrator, Respiratory Protection Program (RPP) Administrator, and Aerosol Transmissible Disease (ATD) Administrator.

A successful Health and Safety Program can only be achieved and maintained when there is active interest, participation, and accountability at all levels within CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS. CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS executive leadership shall have the authority and responsibility to ensure that all Health and Safety Programs are implemented.

• Compliance

  • The Worksite Administrator, managers, and supervisors have delegated responsibility for implementing and ensuring compliance with all departmental Health and Safety Programs in their work areas and for responding to employee and inmate worker questions about the program. Worksite Administrators, managers, and supervisors shall ensure compliance with the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS Health and Safety Programs by completing the following:

    • Communicate effectively and ensure all safety, health laws, rules, policies, and procedures are understood by all employees and inmate workers and enforce those laws, rules, policies, and procedures.

    • Investigate and document accidents, injuries, illnesses, and unsafe work conditions, and maintain records of inspections and findings to determine the cause and develop a mitigation strategy to identify, prioritize and implement actions to reduce the risk of reoccurrence.

    • Evaluate the safety performance of employees and inmate workers.

    • Recognize employees and inmate workers who perform safe work practices in an exceptional manner and encourage the reporting of accidents, injuries, or illnesses.

    • Inform employees and inmate workers of the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS Health and Safety Programs and ensure access to these programs.

    • Provide training and instructions to employees and inmate workers  in  compliance  with CCRCalifornia Code of Regulations, Title 8, section 3203(a)(7).

• Discipline for non-compliance

  • Worksite Administrators who fail or neglect to ensure that supervisors and managers are in compliance may result in disciplinary action in accordance with the provisions described in California Government Code section 19572, DOMDepartment Operations Manual section 33030.1, and CCRCalifornia Code of Regulations Title 15, section 3392, Employee Discipline.

  • Managers and supervisors shall ensure employees and inmate workers comply with the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS Health and Safety Programs and maintain a safe and secure work environment by adhering to CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS policies, procedures, and safe work practices.

  • Managers and supervisors shall ensure disciplinary action is taken in accordance with California Government Code section 19572 for employees or inmate workers who fail or neglect to comply with the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS Health and Safety policies and procedures.

  • Employees and inmate workers who fail or neglect to ensure compliance with Health and Safety Programs may result in disciplinary action in accordance with the provisions described in California Government Code section 19572, DOMDepartment Operations Manual section 33030.1, and CCRCalifornia Code of Regulations Title 15, section 3392, Employee Discipline.

Purpose

• The IIPP is designed to prevent workplace incidents, injuries, and illnesses. Employees and inmate workers are responsible to support the safety program and perform their duties in a manner that assures their own personal safety and the safety of others. To be successful in this endeavor, employees and inmate workers shall adopt proper and cooperative attitudes toward injury and illness prevention.

• The IIPP provides the procedures for complying with the requirements of CCRCalifornia Code of Regulations Title 8, Subchapter 7, General Industry Safety Orders (GISO), section 3203, Injury and Illness Prevention Program. The IIPP is an authoritative source of information to assist managers, supervisors, and employees in promoting the health and safety of CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS employees, inmate workers, and visitors. The IIPP shall be in writing and contain the elements required by CCRCalifornia Code of Regulations, Title 8, section 3203. The IIPP template and instructions are accessible to the Worksite IIPP Administrators at https://cdcr.sharepoint.com/sites/CDCR_IIPPATDBiosafety. Each worksite shall tailor the IIPP template to address the site-specific hazards, operations, and tasks. Employees shall be provided access to the IIPP pursuant to CCRCalifornia Code of Regulations, Title 8, section 3203(a)(8).

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS are committed to maintaining a safe and healthy working environment for all employees, inmate workers, and visitors. Management shall provide necessary safeguards, programs, and equipment to reduce the potential for accidents and injuries.

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS shall strive to provide a healthy environment and safe working conditions therefore:

  • All employees and inmate workers of CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS are responsible for the safety of themselves and others.

  • Safety considerations shall take precedence over convenience and expediency in CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS’s operations.

  • Accident prevention and safety are basic management responsibilities.

  • Supervisors shall be evaluated on the effectiveness of their safety efforts.

  • Employees and inmate workers shall also be evaluated on their adherence to safety rules and safe practices.

A successful IIPP can only be achieved and maintained when there is active interest, participation, and accountability at all levels within CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS. CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS executive leadership have the authority and responsibility to ensure that an IIPP is implemented.

• Compliance
  The Worksite IIPP Administrator and all managers, supervisors, and lead employees have delegated responsibility for implementing and ensuring compliance with the IIPP in their work areas and for answering employee and inmate questions about the program. Worksite IIPP Administrators, managers, and supervisors shall ensure compliance with the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS IIPP by completing the following:

  • Communicate effectively and ensure all safety, health laws, rules, policies, and procedures are understood by all employees and inmate workers and enforce those laws, rules, policies, and procedures.

  • Investigate and document all accidents, injuries, illnesses, and unsafe work conditions, and maintain records of inspections and findings to determine the cause and correct the problem so it does not happen again.

  • Evaluate the safety performance of all employees and inmate workers.

  • Recognize employees and inmate workers who perform safe work practices in an exceptional manner and encourage the reporting of accidents, injuries, or illnesses.

  • Inform employees and inmate workers of the CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS IIPP and ensure access to the program.

  • Provide training and instructions to employees and inmate workers in compliance with CCRCalifornia Code of Regulations, Title 8, section 3203(a)(7).

Cal/OSHA Reporting

• Pursuant to CCRCalifornia Code of Regulations, Title 8, section 342, all divisions, offices, facilities, and institutions within CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS shall immediately report to Cal/OSHA any serious injury, illness, or death of an employee occurring in a place of employment or in connection with any employment. This includes, but is not limited to communicable disease that results in hospitalization. If the employee becomes seriously injured or ill at work or in connection with their employment, it is not necessary for the Hiring Authority (HA) to determine if the serious injury or illness is work-related prior to reporting. Under Cal/OSHA regulation requirements, employers shall report all serious injuries, illnesses, or deaths occurring at work, without making a determination about work-relatedness. Reporting is not an admission of liability or responsibility. Employees who are unsure about whether or not to report an employee injury, illness, or death, regardless of where it occurred, contact the CDCRCalifornia Department of Corrections and Rehabilitation Office of Legal Affairs (OLAOffice of Legal Affairs).

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS shall report immediately, any serious injury, illness, or death of an employee occurring in a place of employment or in connection with any employment through email to Cal/OSHA at  https://www.dir.ca.gov/dosh/report-accident-or-injury.html with copies to OLAOffice of Legal Affairs’s Compliance,                        Accountability, and Risk Management Team at m_OLA_Accountability_Compliance_Team@cdcr.ca.gov, and the local Return-to-Work Coordinator (RTWCReturn To Work Coordinator). Additionally, all emails reporting an employee death shall copy Human Resources at m_CDCREmpdeathnote@cdcr.ca.gov. The report  shall include the following information, if available:

  • Time and date of accident or event.

  • Employer’s name, address, and telephone number.

  • Name and job title of the person reporting the accident.

  • Address of accident or event site.

  • Name of person to contact at the accident or event site.

  • Name and address of the injured employee(s).

  • Nature of the injuries.

  • Location where injured employee was taken for medical treatment.

  • List and identify other law enforcement agencies present at the accident or event site.

  • Description of accident or event and whether the accident scene or instrumentality has been altered.

For the Division of Adult Institutions, during work hours, the report to Cal/OSHA shall be made by the Warden and or Public Information Officer. For after-hours, the Administrative Officer of the Day shall report to Cal/OSHA. For the Division of Adult Parole Operations, the Staff Services Manager III Support Services Unit shall report to Cal/OSHA. For all other CDCRCalifornia Department of Corrections and Rehabilitation locations, the HA shall report all work-connected injury, illness, hospitalization, or death of an employee to the OEHM at m_OEHM_EHS@cdcr.ca.gov for CCHCS the Deputy Director (DD) of CCHCS Human Resources (HRHuman Resources). The OEHM or HRHuman Resources DD or designee shall report to Cal/OSHA. “Immediately” means as soon as practically possible but within 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness.

“Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing.

Purpose

• Each worksite has a written Respiratory Protection Program (RPP) that contains required worksite-specific procedures and elements for required respirators use for compliance with the California Code of Regulations (CCRCalifornia Code of Regulations), Title 8, and section 5144, Respiratory Protection. This RPP policy also assists HA, managers, supervisors, and employees in promoting the health and safety of all CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS employees, inmate workers, and youth workers, and visitors. The RPP model plan and instructions are accessible to the Worksite RPP Administrator at
  https://cdcr.sharepoint.com/sites/CDCR_Admin_fmb_ECS_OCC_RPP/sitepages/home.aspx.

General Responsibilities for the Respiratory Protection Program

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS shall work with the RPP Administrator to view the ‘User Profiles’ located within the Business Information Systems (BIS), Environmental Health and Safety (EHS), RPP system and the Strategic Offender Management System (SOMSStrategic Offender Management) to identify specific job classifications and task associated with those classification or inmate workers assignments which are required to wear respiratory protection. Employees required to wear a tight-fitting respirator are determined based on a job hazards assessment of the worksite and worksite tasks or other tasks that their classification may require. The RPP Administrator at each worksite shall ensure that employees required to don a tight-fitting respirator are identified and shall generate a compliance report to determine those employees that need medical clearance and need to be fit tested and ensure fit testing and training occurs annually (no less than 12 months from the last fit testing and training) or whenever a different size, make, or model of respirator is used or there is a change in an employee’s health or working conditions that would prompt new fit testing.

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS HAs shall ensure that all employees who are required to wear a tight-fitting respirator have completed an RPP medical questionnaire and medical evaluation within the last four (4) years, before they are fit tested and required to use a respirator to perform their various job functions in the workplace.

• Medical evaluations of employees may be completed by an Employee Medical Monitoring Services contractor. CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS HAs shall refer to the specific contract language to determine CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS, or the vendor’s responsibilities regarding medical evaluation and fit testing of health care registry providers and contract workers. Consult with the appropriate contract manager for more information.

• CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS institution and facility employees who are required to wear respirator(s) shall comply with CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199.

All employees who are required to wear a respirator shall complete a medical questionnaire and be medically evaluated before they are fit tested and required to use a respirator to perform their job functions in the workplace. The medical clearance evaluation may be completed by an Employee Medical Monitoring Services contractor.

Annually, employees shall submit a CDCRCalifornia Department of Corrections and Rehabilitation 2294 Respiratory Protection Program Screening form to confirm whether there have been any changes in their medical condition or working condition(s) since the submission of their last medical questionnaire. If changes have or may have occurred, a new medical questionnaire and medical evaluation shall be completed. A new medical questionnaire and medical evaluation shall be completed at least every four years following the initial evaluation.

Training
CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS shall provide training on the RPP to employees who are required to use respirators. Training must meet the requirements of CCRCalifornia Code of Regulations, Title 8, section 5144(k).

Facial Hair Requirements
Employees who are required to wear tight-fitting respirators shall not have facial hair that comes between the sealing surface of the face piece and the face or that interferes with valve function.

Accommodations
Any reasonable accommodation requests shall adhere to the following procedures:

• Requests for Reasonable Accommodations
  Refer to DOMDepartment Operations Manual sections 31040.4.5 through 31040.4.13.

• Requests for Religious Accommodations
  Refer to DOMDepartment Operations Manual sections 31010.8 through 31010.8.2.

Employees who are unable or unwilling to comply with CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements, and who do not have a pending or approved request for a religious or medical reasonable accommodation, shall be subject to corrective or disciplinary action in accordance with CCRCalifornia Code of Regulations Title 15, section 3392, et seq. and DOMDepartment Operations Manual Chapter 3, Article 22, Employee Discipline, sections 33030.8, 33030.9, and 33030.15, et seq.

Non-compliant healthcare registry providers and contract workers who do not have a pending or approved request for religious or medical reasonable accommodation may be subject to contract or assignment termination.

Employees who are off work due to military leave or other long-term extended leave at the time the employee is formally noticed regarding the requirements of CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements, who return to work, shall be, in compliance with the CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements or have submitted a request for religious or medical reasonable accommodation, upon their return to work.

Employees who are required to use a respirator because of the essential functions of their position shall not report to work until they are medically cleared and properly fit tested or have an approved accommodation or an approved respirator that can provide appropriate respiratory protection that allows employees to fulfill the essential functions of their position without creating additional hazards.

HAs shall ensure there are sufficient sizes, makes, and models of appropriate respirators available for fit testing and use by employees who are required to fit test with a tight-fitting respirator.

HAs are required to procure and maintain an inventory of respirators to ensure employees have access to an appropriate respirator when necessary. Institutions and facilities are required to establish procurement and inventory procedures of respirators in all sizes and various makes and models and shall conduct monthly audits to ensure respirators are clean and ready for use at any given time.

Respirators issued to a station or location for possible use by more than one employee shall be cleaned and disinfected before being worn by different individuals and following the use of the respirator prior to securing it. Refer to CCRCalifornia Code of Regulations, Title 8, Section 5144, Appendix B-2, Respirator Cleaning Procedures (Mandatory). As an alternative, institutions and facilities may use the cleaning recommendations provided by the manufacturer of the respirators used by their staff, provided such procedures meet the requirements of CCRCalifornia Code of Regulations Title 8, Section 5144 procedures. The RPP Administrator shall ensure an adequate supply of appropriate cleaning and disinfection material.

Policy

• It is the policy of the CDCRCalifornia Department of Corrections and Rehabilitation to provide all employees with a safe and healthy workplace. Acts of violence, bullying, abusive conduct, or threats against another person’s life, health, well-being, family, or property, infringe upon CDCRCalifornia Department of Corrections and Rehabilitation’s right and obligation to provide a safe workplace for its employees, applicants, contractors, and volunteers. CDCRCalifornia Department of Corrections and Rehabilitation has a zero-tolerance policy for workplace violence and will respond to any acts or threats of violence with appropriate administrative or legal remedies.

• This policy applies to conduct that occurs in any location operated by CDCRCalifornia Department of Corrections and Rehabilitation or is considered a workplace by CDCRCalifornia Department of Corrections and Rehabilitation. This includes any location that can reasonably be regarded as an extension of the workplace, such as an off-site business or social function, or other non-CDCRCalifornia Department of Corrections and Rehabilitation facility where CDCRCalifornia Department of Corrections and Rehabilitation business is being conducted. This policy applies to conduct that occurs off-duty and is brought back to the workplace, when such conduct adversely affects the individual in a manner otherwise prohibited by this policy.

Purpose

• The Workplace Violence Prevention Plan is designed to provide a safe and healthy workplace, free of bullying, threats, intimidation, abusive conduct, harassment, and acts of violence. Workplace violence is inappropriate and unacceptable behavior. All individuals are responsible for exhibiting respectful behavior in the workplace.

• The Workplace Violence Prevention Plan provides procedures for ensuring all reports of workplace violence will be taken seriously and dealt with appropriately. The cooperation of every employee is required to effectively enforce this policy and ensure a safe workplace. If employees observe or experience acts or threats of violence, bullying, abusive conduct, harassment, or intimidation, employees shall follow reporting procedures.

Workplace Violence – Definitions

• Abusive Conduct – Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

• Bullying – Any mistreatment or abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above.

• Reporting Party – An individual who alleges workplace violence in violation of departmental policy, in a workplace violence incident report (i.e., complaint).

• Disruptive Behavior – Disturbs, interferes with, or prevents normal work functions or activities. Includes yelling, using profanity, waving arms or fists, leering, insubordination, refusing to cooperate with others, bullying, belligerency, verbally abusing others, making inappropriate demands for time and attention, making unreasonable demands for action (demanding an immediate appointment or a response to a complaint on the spot), or refusing a reasonable request for identification.

• Harassment – The creation of a hostile work environment through unwelcome words, actions, or physical contact not resulting in physical harm. Verbal harassment may include disparaging or derogatory comments, slurs, unreasonable or excessive criticism, or name calling.

  • Harassment based on an individual’s Equal Employment Opportunity (EEOEqual Employment Opportunity Office (see Office of Internal Affairs)) protected group or characteristic shall follow the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) discrimination complaint process, as outlined in DOMDepartment Operations Manual section 31010.9.

• Imminent danger – A workplace hazard that poses an immediate risk of death or serious physical harm.

• Intimidation – To frighten, alarm or scare; forcing action or inaction by inducing concerns for one’s safety by means of any physical action and/or verbal comment.

• Respondent – The person(s) who is alleged to have committed or engaged in conduct that violates this policy.

• Stalking – An act of willful, malicious, and repeated following or harassing by another person by any means, direct or indirect, that causes a reasonable person to fear for their safety or the safety of their immediate family.

• State Workplace – The location a state employee is conducting authorized state business, or enroute to and from a location where state business is or will be conducted.

• Threat – An action (verbal, written, or physical) that is intended to intimidate by expressing the intent to harass, hurt, take the life of another person, damage or destroy property, including threats made in jest but which others could perceive as serious.

• Workplace Violence – Any workplace violence or threat of violence that occurs in a place of employment. Note: Workplace violence does not include lawful acts of self-defense or defense of others. Workplace violence includes, but is not limited to, the following:

  • The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.

  • An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.

• Workplace Violence Prevention Plan – A plan designed to prevent workplace violence incidents and injuries written consistent with the requirements of CCRCalifornia Code of Regulations Title 8, Subchapter 7, General Industry Safety Orders, section 3203, Injury and Illness Prevention Program (IIPP).

Hiring Authority

• The Hiring Authority (HA) shall:

  • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

  • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

  • Foster a supportive and amicable work environment.

  • Maintain a Workplace Violence Prevention Plan in accordance with CCRCalifornia Code of Regulations Title 8, Section 3203.

  • Review workplace violence incidents, take appropriate action, document the results, and maintain records.

    • For applicable HQ programs, the HA shall complete the summary of the assessment on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1903, Workplace Violence Assessment Summary, within 30 calendar days of receiving a complaint.

  • Consult with the Office of Legal Affairs regarding any Temporary Restraining Orders.

  • Contact the Office of Internal Affairs to request a formal investigation when the collected evidence establishes a reasonable belief that the level of alleged misconduct rises to adverse action.

  • Workplace violence related to an EEOEqual Employment Opportunity Office (see Office of Internal Affairs) protected group or characteristic shall follow the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) discrimination complaint process, as outlined in DOMDepartment Operations Manual section 31010.9.

Manager’s and Supervisor’s Responsibility

• Managers and supervisors shall:

  • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

  • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

  • Foster a supportive, amicable work environment.

  • Communicate openly and give employees support and recognition.

  • Be a role model and enforce safe and healthy work practices.

  • Participate in training on how to resolve conflicts.

  • Recognize potentially threatening situations for performing state business.

  • Comply with work practices that are designed to make the workplace more secure.

  • Adhere to the incident reporting procedures.

  • Offer Employee Assistance Program (EAPEmployee Assistance Program) to affected staff. EAPEmployee Assistance Program provides employees with free, easily accessible and confidential resources for addressing personal concerns.

  • Refer employees to Office of Employee Wellness for Peer Support Programs.

  • Take all reports of workplace violence seriously.

  • Conduct a follow-up information gathering session with all involved employees to determine the facts, when directed by the HA.

  • Report all incidents to the HA or designee in writing. Document verbal reports when a reporting party or witness is not able to complete a written report.

  • Take corrective action, when necessary.

  • Provide notification of any Temporary Restraining Orders in accordance with local operating procedures.

Employees

• All CDCRCalifornia Department of Corrections and Rehabilitation employees shall:

  • Comply with the CDCRCalifornia Department of Corrections and Rehabilitation Code of Conduct and General Qualifications as defined in DOMDepartment Operations Manual sections 33030.3.1 and 33030.3.2.

  • Comply with employee and appointee conduct as outlined in state regulations including, but not limited to, being alert, courteous, and professional in their dealings with incarcerated individuals, supervised individuals, fellow employees, and members of the public; avoid the use of indecent, abusive, profane or otherwise improper language while on duty; and avoid irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty.

  • Act professionally, courteously, and responsibly at all times.

  • Adhere to workplace violence prevention training requirements.

  • Immediately report any and all acts of workplace violence to their supervisor or manager.

    • Employees may report directly to their HA when the alleged act of violence involves managers and supervisors.

  • Follow up on the initial verbal report with written documentation, which should include the following critical information: names of the involved parties (i.e., reporting party, respondent, and witnesses), a description of what occurred, when and where the incident took place, and if known, why it happened.

    • For applicable HQ programs, complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1892, Workplace Violence Incident Report and submit within 24 hours of an incident.

  • HQ employees shall call 911 if there is an immediate threat to the life or safety of employees, the public, or state property.

  • Complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 1904, Workplace Violence Witness Statement, if appropriate.

  • Provide notification of any Temporary Restraining Orders in accordance with local operating procedures.

• Workplace Violence Incident Reporting Process

  • If an employee reasonably alleges a workplace violence incident has occurred, they shall submit a complaint in accordance with their local operating procedures.

  • For threats made against staff by an incarcerated or supervised person, or a family member or associate of an incarcerated or supervised person, follow DOMDepartment Operations Manual sections 12040.1-12040.11.

• Imminent Danger

  • Employees shall call 911, or follow local operating procedures, if there is an immediate workplace violence threat to the life or safety of employees, the public, or state property.

• Workplace Violence Records

  • The HA is required to maintain workplace violence records for at least one year, or as required due to a business necessity such as pending litigation or legal hold.

• Retaliation

  • Employees shall not engage in acts of reprisal or retaliation, or otherwise attempt to prevent efforts to disclose or initiate a workplace violence complaint.

The Injury and Illness Prevention Program training contains workplace violence prevention. Training is required at the time of initial assignment, when there are new or previously unrecognized hazards in the workplace, or when changes are made to the plan, and at least annually thereafter. In addition, supervisors are trained to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

Records of Workplace Violence Prevention training shall be maintained in the Learning Management System (LMS). Any supplemental or in-person training records shall include the training date, type of training that is completed on the CDCRCalifornia Department of Corrections and Rehabilitation Form 844 and signed by participants.

Records shall be maintained for at least one year, or as required due to a business necessity such as pending litigation or legal hold.

The Deputy Director or designee of the Office of Employee Health Management shall ensure that the content of this Article is accurate and current.