New Requirements for Preventing Workplace Violence in California

Workplace safety is a critical concern for employees and employers alike. Recognizing the need for enhanced protections, California recently passed Senate Bill 553 (SB 553), which introduces new requirements for preventing workplace violence. This law, signed on September 30, 2023, mandates that most employers in California implement a Workplace Violence Prevention Plan (WVPP) starting July 1, 2024. Here’s what you need to know about this important legislation.

What is SB553?

Workplace violence is a serious issue, being the second leading cause of fatal occupational injuries in the United States. Nearly 2 million American workers experience violence at their jobs annually. SB 553, also known as the Workplace Violence Prevention Plan (WVPP), is a groundbreaking law that not only builds upon existing regulations for healthcare workers but also extends its reach to cover almost all workplaces across California. This comprehensive legislation mandates that employers must proactively implement measures to prevent acts of violence and threats of violence within their work environments. By requiring employers to establish a thorough WVPP, SB 553 aims to create a safer and more secure workplace for all employees, addressing the alarming statistics that highlight workplace violence as a significant occupational hazard in the United States. This proactive approach underscores the importance of prioritizing employee safety and well-being, setting a new standard for workplace security in the state of California.

The key requirements of SB 553, effective July 1, 2024, include:

• Employers must prohibit retaliation against employees who report workplace violence.
• Employers must have procedures to accept and respond to reports of workplace violence.
• Employees must receive training on workplace violence prevention.
• Employers must establish protocols for emergency responses.
• Regular assessments of workplace violence hazards must be conducted.
• Employers must maintain a log of all incidents of workplace violence, detailing the incident specifics          without including personal identifying information.

Creating a Workplace Violence Prevention Plan: 

Whether your business is located in CA or another state, this issue deserves employers' attention.  OSHA can cite employers for workplace violence situations under the General Duty Clause so just because you're not in a state, like California that now requires a written policy, it's advisable to implement a workplace violence prevention plan. 

California employers must establish, implement, and maintain an effective written Workplace Violence Prevention Plan. This plan should be tailored to address the specific hazards and risk factors present in each work area and operation. A generic, one-size-fits-all approach won't comply with the law. The WVPP must include specific components to be effective: 

• Responsible Persons: Identify individuals responsible for implementing the plan.

• Employee Involvement: Establish procedures for involving employees in the plan’s development and        execution.
• Compliance and Communication: Ensure all employees, including supervisors, understand and                  comply with the plan.
• Emergency Protocols: Develop procedures for responding to workplace violence emergencies.
• Training: Provide initial and annual training for employees on workplace violence prevention.
• Hazard Identification and Correction: Conduct regular inspections to identify and correct workplace          violence hazards.
• Post-Incident Procedures: Set up procedures for responding to and investigating violent incidents.
• Plan Review: Review and update the plan annually, after any incidents, or when deficiencies are                  identified.

Maintaining a Violent Incident Log. California employers must keep a log of all workplace violence incidents, whether or not they result in injury. This log should include:

• Date, time, and location of the incident. 
• Type of violence (e.g., physical attack, threat, sexual assault).
• Description of the incident and circumstances.
• Identity of the perpetrator (if known) and classification (e.g., client, coworker).
• Consequences and any law enforcement involvement.
• Steps taken to protect employees from further threats.

Please note: Personal identifying information should be excluded from the log to protect privacy.

Training and Recordkeeping

Training employees is a crucial part of SB 553. Employers must ensure that training materials are easy to understand and accessible to all employees, considering their education and language skills. Training should cover:

• The details of the WVPP and how to access it.
• Reporting procedures without fear of retaliation.
• Job-specific violence hazards and preventive measures.
• The purpose of the violent incident log and how to use it.

Employers must also keep records related to workplace violence, including hazard assessments, training records, and incident logs, for at least five years.

Staying Compliant

Employers should familiarize themselves with all the requirements of SB 553 to ensure compliance and safeguard their employees. This involves regularly reviewing and updating the WVPP, maintaining proper records, and providing ongoing training to employees.

California’s SB 553 is a significant step forward in protecting employees from workplace violence. By implementing a thorough Workplace Violence Prevention Plan, employers can create safer work environments and reduce the risk of violent incidents. Understanding and adhering to these new requirements is essential for all California employers to ensure the well-being of their workforce.

Resources for California Employers

The California Division of Occupational Safety and Health (Cal/OSHA) provides valuable resources to assist employers in complying with SB553. They offer a dedicated webpage with FAQs and other helpful information: Cal/OSHA webpage on Workplace Violence Prevention.

Resources for Other State Employers

Why a Business Needs an Emergency Action Plan for Workplace Violence

Workplace Violence: Tragedy Strikes at El Cajon Dental Office

Stopping Workplace Violence - No One Should be Afraid to Come to Work  

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