California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 13 - Janitorial Registration and Training
Article 6 - Sexual Violence and Harassment Prevention Training for Property Service Workers
Section 13821 - Standards Regarding Timing, Documentation, and Languages for Training
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
(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.
(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.
(d) Training required by this section shall be provided in the language and literacy level understood by the nonsupervisory covered worker and supervisor.
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.)
Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1429 and 1429.5, Labor Code.