SB 553: New workplace violence prevention procedures

On Sept. 30, 2023, Gov. Gavin Newsom signed SB 553, creating new workplace violence prevention standards in California, and the first workplace violence prevention standards in the nation. Under the law, California employers must implement workplace violence prevention plans tailored to their specific workplaces by no later than July 1, 2024.

Covered Employers

The requirements for a workplace violence prevention plan apply to all employers and employees in California, with a few limited exceptions: (i) employers and healthcare facilities already covered by Cal/OSHA’s Violence Prevention in Health Care standard; (ii) employees who telework from a location of the employee’s choice, which is not under the control of the employer; (iii) locations not open to the public where fewer than 10 employees work at a given time; and (iv) facilities operated by the Department of Corrections and Rehabilitation and other law enforcement agencies.

Requiring Comprehensive Programs

Employers must “establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan” for purposes of protecting employees from aggressive and violent behavior at the workplace. This includes a mandate that employers provide employees with annual training, how to recognize workplace violence hazards, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm.

Specifically, workplace violence prevention plans must include the following:

(i) how to obtain the active involvement of employees and employee representatives in developing and implementing the plan;

(ii) methods the employer will use to coordinate implementation of the plan with other employers to ensure that those employers and employees understand their respective roles;

(iii) how the employer will accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report;

(iv) how an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal;

(v) how employee concerns will be investigated and how employees will be informed of the results of the investigation and any corrective actions to be taken;

(vi) the means to alert employees of the presence, location, and nature of workplace violence emergencies;

(vii) evacuation or sheltering plans that are appropriate and feasible for the worksite;

(viii) how to obtain help from staff assigned to respond to workplace violence emergencies, security personnel, or law enforcement;

(ix) procedures for post-incident response and investigation;

(x) how to identify and evaluate workplace violence hazards, including “scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns”; and

(xi) how to review the effectiveness of the plan and revise it as needed.

Violence Incident Log

Additionally, employers are required to record every incident of workplace violence in an incident log including: (i) date, time, and location of the incident; (ii) a detailed description of the incident and who committed the violence; (iii) the type of violence (iv) and consequences of the incident.

Implications for Employers

Because SB 553 will soon become law, it is imperative for employers in California to familiarize themselves with its provisions and take practical measures to comply. Given the extensive requirements under the statute, employers should take immediate action to ensure they have a compliant plan in place before July 1, 2024.