Sexual Harassment Prevention Training for California Employees
Sexual Harassment Prevention Training for California Employees
Sexual harassment can happen on the jobsite, in the office, at a trade show, through social media … and it’s more than just unwanted physical contact. According to the California Department of Fair Employment and Housing, sexual harassment is “unwanted sexual advances or visual, verbal or physical conduct of a sexual nature,” which can include derogatory comments and even threatening retaliatory action.
Harassment is still an unfortunate reality across many industries, including construction. California Senate Bill 1343 requires all employers with five or more employees to provide sexual harassment prevention training and education to all supervisory and non-supervisory employees.
Bay Area SMACNA (BAS) is dedicated to supporting our contractors to create a safer workplace for everyone. To ensure your business stays in compliance with California law, we’ve compiled some FAQs.
Who can provide the training?
Sexual harassment prevention training must be conducted by a qualified trainer:
ATTORNEYS who are members of the bar of any state for at least two years whose practice includes employment law under the Fair Employment and Housing Act.
Human Resource Professionals or harassment prevention consultants with at least two years of practical experience in one of the following:
- Running discrimination, retaliation and sexual harassment prevention training
- Responding to sexual harassment or discrimination complaints
- Investigating sexual harassment complaints
- Advising employers or employees about discrimination, retaliation and sexual harassment prevention
Higher education instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
How much training time is required?
Supervisors must receive two hours of training, while non-supervisors are required to receive one hour of training. Training must occur once every two years.
Who is responsible for providing the training?
APPRENTICES:
The SMW Local 104 and Bay Area Industry Training Fund (Apprenticeship Program) provides the training and monitors compliance.
JOURNEY AND OTHER WORKERS:
All SMW Local 104 employees must be trained within six months of hire.
SHORT TERM OR SEASONAL EMPLOYEES:
Those who were hired less than 6 months ago must be trained within the first 100 hours or 30 days of hire, whichever occurs first. Contractors can check with other organizations to confirm whether training has been provided and monitored by a previous employer to comply with the state law.
SUPERVISORS:
New supervisors must be trained within 6 months of assuming their supervisory position.
ALL OTHER EMPLOYEES:
Contractors are responsible for training and monitoring all employees for sexual harassment training every two years.
How long does the training take?
Training for both supervisors and non-supervisors can be broken into segments and must take place during work hours. For example, training can be done in 20-minute segments as long as the minimum training requirements are met. Online courses certified for the State of California.
Who pays for the training?
Employers must pay for all training listed above, except for apprentice training.
Bay Area SMACNA has partnered with Elizabeth M. Pappy, Esq., of Burke, Williams & Sorensen, LLP and ClickSafety for reimbursement for appropriate training courses.