1. (a) “Covered worker” as defined in Labor Code section 1420(a) includes full time, part time, and temporary janitorial workers.
2. (b) “Employer” has the same meaning as in Labor Code section 1420(e).

3. (c) “Training” means in-person, interactive instruction, provided to nonsupervisory covered workers and supervisors of nonsupervisory covered workers by a trainer. Audio, video, webinar and e-learning training methods may be used as supplemental tools in conjunction with in-person instruction but cannot solely fulfill the requirements of this subchapter. Interactive instruction shall include questions that assess learning, skill-building activities that assess the trainee's application and understanding of content learned, and hypothetical scenarios about sexual violence and harassment, each with one or more discussion questions.

   Examples of in-person interactive instruction include pre- or post-training quizzes or tests, small group discussion questions, discussion questions that accompany hypothetical fact scenarios, use of brief scenarios discussed in small groups or by the entire group, or any other learning activity geared towards ensuring interactive participation as well as the ability to apply what is learned to the trainee's work environment.

4. (d) “Supervisor” has the same meaning as in Labor Code section 1420(g).
5. (e) “Trainers” for purposes of providing training to supervisors of nonsupervisory covered workers has the same meaning as individuals who are qualified to provide training under Government Code section 12950.1 and regulations implementing section 12950.1.
6. (f) “Trainers” for purposes of providing training to nonsupervisory covered workers means a qualified peer trainer provided by a qualified organization listed on the website of the Department of Industrial Relations. Until such website list of qualified organizations is made available, “trainers” for purposes of providing training to nonsupervisory workers has the same meaning as “trainers” in subdivision (e). After the website list is posted and consistent with Labor Code section 1429.5(k), if the website list of qualified organizations that provide peer trainers to employers required to provide training to nonsupervisors indicates there is no qualified peer trainer available to provide training in a specific county, or if none of the qualified trainers are available to meet an employer's training needs, an employer may use a trainer as described in subdivision (e) of this section to provide training to nonsupervisory covered workers working in that specific county.

For purposes of this Subchapter:

Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1420, 1429 and 1429.5, Labor Code.

History

1. New article 6 (sections 13820-13822) and section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.)