California Workplace Violence Prevention Plans & Training Required For California Employers by July 2024

Roque Wicker
MBA, CEO of C-T Watch, Inc.

On September 30, 2023, California took a monumental step towards ensuring workplace safety by enacting Senate Bill (SB) No. 553, signed into law by Governor Gavin Newsom. This legislation mandates that virtually every employer in California, with a workforce of ten or more, implement a robust workplace violence prevention plan and training. This new requirement, effective July 1, 2024, aims to mitigate workplace violence through strategic planning and employee training. This article was written to help clarify the nuances of SB 553 and its current requirements that need to met and implications for employers and employees alike within the state of California.

Understanding SB 553: Key Provisions and FAQs

SB 553 is designed with specific requirements to foster a safer work environment. Key aspects of the law and answers to frequently asked questions include:

Reporting Requirements: Employers are obligated to report only “serious” injuries or fatalities to Cal/OSHA as per Title 8 CCR §330(h) and §342, without additional reporting mandates under SB 553.

Employer Coverage: Worksites with fewer than 10 employees at any given time, not open to the public, and in compliance with Cal/OSHA’s injury and illness prevention regulation may be exempt.

Healthcare Facilities: Only required to adhere to existing Cal/OSHA regulations as well as the 2014 Senate Bill (1299) stipulating similar requirements for all healthcare facilities in California, but not the additional stipulations of SB 553.

Geographical Limitations: The law applies exclusively to California employers and their employees within the state.

OSHA Log Requirements: Workplace violence incidents must be recorded on the OSHA Form 300 log only if an employee is injured and meets the log’s recording criteria.

Integration with IIPP: The workplace violence plan can either supplement an existing Injury and Illness Prevention Program (IIPP) or stand alone.

Plan Accessibility: Employers are encouraged to make their workplace violence plans accessible through digital platforms, physical binders, or bulletin boards.

Customization of Plans: Plans should be tailored to specific hazards of each location unless a uniform risk profile exists across all sites.

Employee Involvement: The requirement for employee involvement in the workplace violence plan applies to all employers, including nonunionized workplaces.

Animal Attacks: Incidents involving animal attacks are considered workplace violence and must be recorded accordingly.

Anticipated Next Steps

With the compliance deadline approaching (July 2024), Cal/OSHA is expected to intensify its focus on workplace violence prevention. Recent enforcement actions against employers for failing to recognize hazards indicate a proactive stance. Employers are advised to begin developing and implementing their workplace violence prevention plans promptly.

Training Requirements

SB 553 also requires employee training for all employees. Employers must also provide employees with initial training when the Plan is first established and continue to conduct annual trainings thereafter. The specifics on the training must cover the following topics:

·      The employer’s Workplace Violence Prevention Plan and how employees can obtain a copy of the Plan at no cost to the employee

·      Corrective measures the employer has implemented -if any

·      How employees are to seek assistance to prevent or respond to violence

·      Strategies to avoid physical harm such as physical barriers, access control devices, panic buttons and tactics to deescalate

·      Information about the violent incident log and how employees can obtain a copy

·      How to report workplace violence hazards and workplace violence incidents internally and externally (CalOSHA)

·      Additional training is required when new or previously unrecognized workplace violence hazards are identified, or when there are changes to the Plan.

Employers must retain training records for all employees for at least 1 year.

Conclusion

Senate Bill 553 represents a critical advancement in workplace safety legislation, aiming to significantly reduce incidents of violence across California workplaces. By mandating comprehensive prevention plans and ensuring employee training, the law underscores the importance of a proactive approach to safety but does not take into account the costs that would be incurred by smaller employers in the state.  Employers (whether they can afford it or not) must now take diligent steps to comply with the new regulations, fostering a culture of safety and preparedness that benefits everyone in the workplace.  SB 553 has a lot of value to the employees and organizations who are covered under it in the state of California especially when the focus is on “prevention” vs “reaction” – it is a great first step in ensuring threats are detected and managed before they go out of control.

Roque Wicker is President & CEO of C-T Watch, Inc. (Counter-Terrorism Watch, Inc.) Mr. Wicker comes from three generations of US National Security professionals and is a veteran of the U.S. Navy.  Mr. Wicker was recognized by FBI Deputy Director Paul Abbate and the FBI InfraGard National Members Alliance as the "National Sector Chief of The Year" for his contributions in the national mission of protecting US critical infrastructure & key resources (CIKR).  Mr. Wicker serves as the Government Sector Chief for InfraGard Los Angeles as well as President for the Federal Enforcement & Homeland Security Foundation (FEHSF-West).