California Senate Bill 553 Workplace Violence Safety Requirements

California Senate Bill 553 was passed in September 2023 to address the issue of workplace violence. Violence in the workplace has long been a concern for managers and employers. Job dissatisfaction, conflicts, and high-stress levels often culminate in negative behaviors — violence being chief among them. It should go without saying that violence is always an unwelcome outcome for your organization. 

California Senate Bill 553 was signed into official law in recognition of the need to deal with violence in the workplace. The point of the bill is to enhance workplace safety through a set of effective strategies. The bill officially took effect on July 1, 2024. 

Managers, employers, and business owners in California should all be mindful of this Senate Bill and its requirements. In this article, we discuss the most important elements of the bill that you should be aware of.

What Is the California Senate Bill 553?

California’s  Senate Bill 553 has a simple yet essential purpose — to foster workplace safety by preventing violence. The bill operates within the framework of the California Occupational Health and Safety Administration’s (Cal/OSHA) Injury and Illness Prevention Plans (IIPP). Specifically, it requires employers to create a unique Workplace Violence Prevention Plan (WVPP) as part of the larger IIPP.

This bill has the following key objectives:

• Ensure that employers establish, implement, and maintain a strong violence prevention plan. 

• Deliver effective training regarding workplace violence risks to all employees.

• Expand restraining order eligibility such that collective bargaining representatives can seek restraining orders on behalf of employees who have faced violence.

• Encourage maintaining detailed records of all aspects of workplace violence hazard control, including steps taken to curb it and details of any incidents. 

Impact of California Senate Bill 553 on Employers

Senate Bill 553 provides clear and specific guidelines to employers and managers regarding the steps and policies they should have in place to deal with workplace violence. Here is a list of essential requirements that you should pay attention to:

1. Creation of a Workplace Violence Prevention Plan. Employers must establish, implement, and maintain a very comprehensive WVPP. This must specify exactly which entities are responsible for implementation, how employees will be involved in development and implementation, and general procedures to handle workplace violence concerns. 
2. Violent Incident Log Requirements. A detailed log of all workplace violence incidents must be maintained, no matter how severe or light these incidents may be. This log must be very thorough, detailing the type of violence and the circumstances surrounding it. Additionally, the log must include employee statements, witness statements, and investigative findings. 
3. Training Employees on Workplace Violence. Employers are now obligated to provide high-quality training to employees according to the standards of the Workplace Violence Prevention Plan (or WVPP). This mainly involves helping employees understand how to report workplace violence, job-specific hazards, and the purpose of the violent incident log. 
4. Employer Responsibilities with Workplace Violence Recordkeeping Requirements. Creating a WVPP isn’t enough, Employers must also ensure that it is easily accessible to employees, authorized employee representatives, and Cal OSHA representatives. 

Impact of California Senate Bill 553 on Employees

This bill represents a major milestone in employee-focused protection and safety in terms of fostering a safe working environment. The WVPP effectively evaluates workplace violence hazards and can control them before they become a major problem. Employees themselves also partake in developing this environment. 

The expanded restraining order eligibility provides a much-needed layer of protection. When coupled with effective and accessible training, the rates and risks of workplace violence will be reduced.

Who Is Exempt from SB 553?

All California businesses with more than 10 employees are required to comply with this bill. However, provisions were made for certain essential businesses that would not be able to operate within the full scope of this bill’s mandates. As such, a number of categories of businesses and employees were exempted. These include:

• Department of Corrections and Rehabilitation
• Law Enforcement Agencies
• Remote-working employees, i.e., employee location not determined by the employer
• Health Care Facilities
• Workplaces with less than 10 employees that are inaccessible to the public.

Steps to Ensure Workplace Violence Safety 

Senate Bill 553, passed into law, introduces a set of crucial provisions designed to enhance workplace safety: 

1. Temporary Restraining Orders (TRO): Beginning January 1, 2025, this bill empowers collective bargaining representatives, alongside employers, to seek Temporary Restraining Orders (TROs) for employees who have suffered unlawful violence or credible threats of violence at the workplace.
2. Workplace Violence Prevention Plan (WVPP): Every employer, as part of the existing Injury and Illness Prevention Program (IIPP), is mandated to establish, implement, and maintain an effective WVPP. This plan should be written, easily accessible, and available at all times.
3. Exemptions: While the WVPP requirement generally applies to most industries, specific exemptions are made for health care facilities, Department of Corrections and Rehabilitation-operated facilities, law enforcement agencies meeting certain criteria, teleworking employees, and places of employment with fewer than ten employees.
4. Definitions: The bill offers clear definitions of workplace violence, covering incidents that involve physical force, threats, the use of firearms, and dangerous weapons. It does not encompass lawful acts of self-defense or defense of others.
5. Elements of the Plan: The WVPP must include essential elements such as defining responsibilities, employee involvement, coordination, reporting procedures, and post-incident responses, among others.
6. Violent Incident Logs: Employers must maintain logs recording information about workplace violence incidents. This information is based on employee accounts, witness statements, and investigation findings while ensuring personal identifying information is excluded.
7. Training Provisions: Employers must provide effective training, suitable for employee education levels and language abilities, covering the elements of the WVPP. This training must be provided annually.
8. Enforcement and Recordkeeping: Employers are required to maintain WVPP, training, and incident records for up to five years and make them available for examination. Cal/OSHA will enforce these provisions and issue citations accordingly.
9. Future Developments: Cal/OSHA will propose standards regarding WVPP, with the intention of adoption, to ensure the health and safety of employees, as well as to extend these protections to all California workplaces.

Ensuring the safety and well-being of employees in the workplace has been a big topic of discussion the past couple of years, and recent legislative developments reflect this. Senate Bill 553, spearheaded by the United Food and Commercial Workers, Western States Council, is set to introduce changes aimed at safeguarding employees from workplace violence. This bill not only requires employers to establish an effective Workplace Violence Prevention Plan (WVPP) but also provides the means for collective bargaining representatives to seek restraining orders on behalf of affected employees. 

CDMS’s Analysis 

Senate Bill 553 represents a necessary addition to the IIPP by addressing workplace violence. CDMS has updated its plans and training to include this section.  As we approach the implementation date of July 1, 2024, it is important for employers to be aware of these new requirements, update their IIPPs and schedule training soon.   

Action items 

Every well-run organization requires a safe and secure workplace. Unfortunately, incidents of rage and violence tend to harm an otherwise smoothly functioning workplace. California Senate Bill 553 was developed to safeguard employees against such incidents. Think of compliance as necessary not to simply avoid penalties, for the long-term benefit of your company’s productivity. 

If we already do periodic site visits to your facility as a part of our compliance management service, our project managers will be doing a review of your IIPP to ensure this section is included.   

Alternately, if you would like assistance reviewing the IIPP program that you have in place or just adding a custom Workplace Violence Prevention Program to it, please contact us at info@cdms.com. We look forward to assisting you. After all,  safe and happy employees are productive employees.