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Table of contents
Table of contents
On September 20, 2023, California Governor Gavin Newsom signed California Senate Bill No. 553 (SB 553) into law, taking a significant step towards ensuring safer workplaces. The main outcome of this legislation is that most California employers must now develop and implement comprehensive workplace violence prevention plans (WVPPs).
So, what exactly does SB 553 mean for businesses? Keep reading to see what HR and business leaders in California must understand about SB 553 and what actions are needed to comply with this new legislation.
In short, SB 553 requires California employers to take steps to prevent and respond to workplace violence.
This bill builds off existing protections for healthcare workers by requiring most California employers to establish a written WVPP. With the addition of Section 6401.9 to the California Labor Code, which became effective July 1, 2024, covered employers are required to adopt and maintain a comprehensive WVPP.
The bill requires businesses to establish the following:
1. Customized WVPPs: Every workplace is unique, so employers need to create a violence prevention plan that addresses the risks that their organization may face. This plan should become part of the existing Injury and Illness Prevention Program (IIPP) framework. The plan must also designate the person or people in charge of implementing it by name or job title.
2. Employee Participation: A core principle of SB 553 is getting employees actively involved. This means including them in developing, carrying out, and regularly reviewing these violence prevention strategies.
3. Training and Awareness:
Annual training is mandatory for all employees of affected businesses. This training should cover:
Employers must keep training records that include the date(s) of training, content covered, and names and job titles of all trainers and attendees.
4. Detailed Reporting: SB 553 establishes procedures for reporting workplace violence incidents, with a strong emphasis on follow-up actions and intervention strategies.
5. High-Risk Incident Protocols: Employers must develop processes for handling violent incidents. This includes emergency response protocols and established procedures with emergency response agencies.
For further guidelines on establishing a WVPP that meets all of these requirements, check out Cal/OSHA's official resources and legal advisories.
Who does SB 553 apply to?
The rules and protocols in SB 553 apply to all California employers with at least one California employee, with the following exceptions:
While SB 553 is a California state law, it sets a precedent that may influence other states to adopt similar legislation in the future. The growing awareness of workplace violence and California's economic clout suggest legislation could follow in other states in the next few years.
Failure to comply with SB 553 can result in citations and penalties (including fines of up to $25,000, license revocations, and even misdemeanors) from Cal/OSHA. Beyond financial repercussions, the lack of a WVPP could weaken your defense in legal claims that arise from workplace violence incidents.
Even though these rules are relatively new, there is no implementation grace period, so businesses should make changes to comply as soon as possible.
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