1. (a) Frequency of Training. An employer shall ensure that at least two hours of training are provided to nonsupervisory covered workers and their supervisors in identifying, preventing, and reporting sexual violence and harassment in the workplace, at least once every two years. New nonsupervisory covered workers and supervisors of nonsupervisory covered workers shall be trained within six (6) months of assuming their position. The burden of establishing that the training was provided as required shall be on the employer, including where the employer has ensured that the training was provided by another entity or janitorial employer.

   1. (1) For purposes of complying with the frequency requirement for training under this article, a “covered successor employer” that retains the same workforce as a predecessor employer for at least one hundred and twenty (120) days and maintains a supervisor's or nonsupervisory covered worker's: (A) original seniority date with the predecessor employer; and (B) wage rate equal to or greater than that provided by the predecessor employer, may use the retained supervisor's or nonsupervisory covered worker's last documented date of required training to determine the date when they must receive their next biennial training and must provide them a copy of the successor employer's sexual harassment policy and reporting procedures.

2. (b) Documentation of Training. To track compliance, an employer shall maintain a record of the training that has been provided as required under this section, including, but not limited to, the names of the nonsupervisory covered workers and supervisors trained, the date of training, a sign-in sheet containing the printed written name as well as the signature of each participant both at the commencement and at the completion of the training, a copy of all certificates of attendance or completion issued, the type of training, a copy of all written or recorded materials that comprise the training, the name of the training provider, and a signed form (Sexual Violence and Harassment Prevention Training for Property Service Workers Employer Compliance Form DLSE 800, 11/19), which is hereby incorporated by reference, certifying that the training was provided and that the qualified organization that provided a peer trainer to train nonsupervisory covered workers was paid in full for each participant. The employer shall maintain these records for a minimum of three years and shall make them available, upon request, to the Labor Commissioner.

   1. (1) Upon a trainee's request, the employer must provide a copy of the training materials presented to the trainee and a copy of any certificate of attendance or completion issued to trainee.
3. (c) Duration of Training. The training required by this section does not need to be completed in two (2) consecutive hours. The minimum duration of a training segment shall be no less than one (1) hour.
4. (d) Training required by this section shall be provided in the language and literacy level understood by the nonsupervisory covered worker and supervisor.

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

History

1. New 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.)