Effective July 1, 2024, Senate Bill 553 requires employers with at least one employee to take several steps to prevent workplace violence, including implementing a written workplace violence prevention plan, providing training on the plan, and maintaining a log of workplace violence incidents and investigations. Notably, although Cal OSHA is authorized to begin enforcing these requirements next summer, the agency is not required to adopt standards regarding the plan until December 31, 2026.
Plan Components
The bill requires employers to create a written workplace violence prevention plan, either as a separate document or as part of an existing injury and illness prevention program (IIPP), containing procedures for the following:
- Identification of employees responsible for implementing the plan
- Obtaining active involvement of employees / employee representatives in developing and implementing the plan
- Coordinating implementation of the plan with other employers (such as staffing agencies)
- Accepting and responding to reports of workplace violence
- Prohibiting retaliation against reporting employees
- Ensuring employees comply with the Plan
- Communicating with employees regarding:
- How to report violent incidents, threats, and workplace violence concerns to the employer or law enforcement
- How concerns will be investigated and results communicated
- Responding to actual and potential workplace violence emergencies, including:
- Means to alert employees of the presence, location, and nature of workplace violence emergencies
- Evacuation or sheltering plans
- Obtaining help from assigned staff, security personnel, and law enforcement
- Identification, evaluation, and correction of workplace violence hazards
- Post-incident response and investigation
- Reviewing the plan annually when a deficiency becomes apparent or after a workplace violence incident
Training Requirements
Employers will be required to provide training on the plan when it is first established and annually thereafter and to retain training records for at least one year. The training must cover the following topics:
- The plan and how employees can obtain a free copy of it
- How to report workplace violence hazards and incidents
- Corrective measures implemented by the employer
- How to seek assistance to prevent or respond to violence
- Strategies to avoid physical harm
- Information about the employer’s violence incident log and how employees can obtain a copy
Incident Log
Employers also must record workplace violence incidents in a written incident log, which must be retained for five (5) years and made available to employees upon request for examination and copying within fifteen (15) days. Information recorded in the log must exclude personal identifying information and include the following details:
- Date, time, and location of the incident
- Detailed description of the incident
- Classification of who committed the violence
- Type of violence involved, e.g. physical attack or threat, sexual assault, involvement of weapons
- Incident consequences, including contact with security or law enforcement and actions taken, if any, to protect employees from continuing threats
Exemptions
The following employers, employees, and places of employment are exempt from SB 553’s requirements:
- Employers already covered by Cal OSHA’s Violence Prevention in Health Care standards
- Employees who telework from a location of their choosing that’s outside the employer’s control
- Locations not open to the public where less than 10 employees work at a given time
- Department of Corrections and law enforcement agencies.
Next Steps
Given the multiple requirements imposed by SB 553, employers should take steps to ensure compliance well in advance of the July 1, 2024 implementation date. Your Cook Brown attorneys are ready to assist with that process.
