• Employees must be paid for all training time. For more information, see Education and Training Time.

You may want to develop a training checklist that documents the essential job functions, found in your job description. Use the training checklist to record the date the new employee demonstrated competence in performing each function. This ensures that each employee is given the training necessary to be successful, and that every employee receives the same attention in training.

Conduct periodic training to ensure that the employee’s skills are maintained. Document the content and identity of employees who participated in all training and education programs. Monitor employees and provide regular feedback about their on-the-job performance. When necessary, document incidents of the employee’s inability to perform the job properly and effectively, and take corrective action.

Other required training will depend on the kind of employees you have and your specific type of business. For example, employees who handle and/or are exposed to blood may be required to have bloodborne pathogens training. Employees who drive forklifts are required to have annual training. If they’re involved in an accident, they must have additional training. For additional information on safety training, see Workplace Safety.

Mandatory Harassment Training

All employers with five or more employees are required to have provided two hours of harassment training to supervisors and one hour to nonsupervisorial employees within six months of hire or promotion, and employers must continue this training every two years thereafter.

Temporary and seasonal employees must be trained within 30 days of hire or 100 hours worked, whichever is earlier.1

For more information on this requirement, see Mandatory Harassment Prevention Training.

Mandatory Heat Illness Training

Cal/OSHA regulations require outdoor employees to receive training on the risks and prevention of heat illness, including how to recognize symptoms and respond when they appear.2 In addition to the training provided to all affected employees, supervisors must receive additional training. For more information on these training requirements, see Heat Illness.

Preventing Negligence in Training

Liability for negligent training can occur if you fail to train or improperly train an employee. Negligent training can include cases such as:

• Failing to provide an employee who’s responsible for securing your facility or guarding your patrons’ safety with the proper training or education to perform the job safely and effectively.
• Failing to provide an employee who’s responsible for using a dangerous tool or instrument with the knowledge or training necessary to perform the job safely.

Examples of Negligence in Training

The following situations are examples of cases in which plaintiffs have prevailed on the theory of negligent training:

• A woman was assaulted and raped in a parking garage. Testimony showed that if security agents hired to provide security for the parking garage had received proper training, the assault could have been prevented.3
• A 16-year-old employee of a rental car agency, driving a rental car without authorization, collided with another automobile, killing two of its occupants and seriously injuring two others. The rental franchise was found negligent in hiring youngsters as employees, failing to properly train them and leaving them unsupervised and in sole control of the premises.4
• Several plaintiffs were beaten and placed under arrest by police officers. The police department had a policy of issuing blackjacks without adequate supervision or training in the use of these weapons.5

1. Gov’t. Code sec. 12950.1

2. 8 CCR sec. 3395

3. Erickson v. Curtis Investment Co., 432 N.W.2d 199 (Minn. Ct. App. 1988), Aff’d 447 N.W.2d 165 (Minn. 1989)

4. O’Boyle v. Avis Rent A Car System, Inc., 435 N.Y.S.2d 296 (1981)

5. Hardeman v. Clark, 593 F. Supp. 1285 (D.D.C. 1984)