Combatting workplace violence is becoming a top concern for state governments. In 2023, California took a legislative approach to this issue, enacting a sweeping and pioneering workplace violence prevention law that impacts the vast majority of California employers, regardless of the industry in which they operate.

The new law, SB 553, comes into effect on July 1, 2024. It’s provisions include requirements for establishing, implementing, and maintaining effective workplace violence protection plans (WVPP), keeping a violent incident log and other records, and providing training at least one a year.  

The California Division of Occupational Safety and Health (Cal/OSHA) is responsible for setting and monitoring compliance with SB 553. It will use its standard inspection, citation, and penalty framework to enforce the law. Employers found in violation of SB 553 face steep potential penalties: up to $25,000 for violations deemed “serious” or nearly $160,000 for violations deemed “willful and repeat.” Cal/OSHA may also force revisions in specific policies and procedures if an employer fails to abate the cited violations satisfactorily.

Recently, Cal/OSHA released a 19-page Model WVPP. This document is a fillable template designed to guide employers in developing their own WVPP, and it demonstrates how complex and labor-intensive the task of creating this plan can be. This is especially true for employers with multiple locations, who must create an appropriate WVPP for each work location. This means that, to comply with the law, employers must assess every work location to identify its specific hazards and the mitigation steps needed to address those hazards. In addition, SB 553 requires employers to involve employees in creating and implementing the WVPP.

Moreover, once created, the WVPP is not a set-it-and-forget-it document. Rather, employers will be required to review their WVPP annually. A review will also be required after each workplace violence incident or whenever a deficiency in the plan is observed.

Elements of the WVPP

Each WVPP must be a written document and must always be easily accessible to employees, their authorized representatives, and Cal/OSHA representatives. Each WVPP must include the following elements:

• The name or job title of the person responsible for implementing the plan
• Effective procedures to obtain active involvement of employees and their representatives in developing and implementing the plan
• Methods to coordinate the implementation of the plan with other employers and to ensure training of employees
• Effective procedures to accept and respond to reports of workplace violence
• Effective procedures to prohibit retaliation
• Effective procedures to ensure compliance by all employees
• Effective procedures to communicate with employees regarding workplace violence matters, including:
  • How to report workplace violence concerns to the employer or law enforcement
  • How reports will be investigated
  • How employees will be informed of results/corrective actions
• Effective procedures to respond to actual or potential workplace violence emergencies
• Methods to alert employees as well as evacuation or sheltering plans that are feasible for the worksite
• How to get help from staff or security
• Procedures to develop and provide training
• Procedures to identify workplace violence hazards
• Scheduled periodic inspections when the plan is first established, after each workplace violence incident, and when the employer is made aware of a new or previously unrecognized hazard
• Procedures to correct workplace violence hazards in a timely manner
• Procedures to review the effectiveness of the plan

Training and Recordkeeping

In addition to the written WVPP, by July 1, 2024, employers must provide effective training to employees as well as create recordkeeping processes and procedures.

Training. SBB 553 requires the training to be appropriate in content and vocabulary to the educational level, literacy, and language of employees. It also must provide an opportunity for interactive questions and answers with a knowledgeable person. Some of the information that must be included in a training is:

• The WVPP and how to obtain a copy at no cost
• How employees can participate in the WVPP’s development and implementation
• How to report workplace violence incidence or concerns
• Hazards particular to the employee’s position
• Corrective measures, seeking assistance to prevent or respond of violence, and strategies to avoid physical harm

Recordkeeping. Under SB 553, the following records must be kept for five years:

• records of workplace violence hazard identification, evaluation, and correction
• workplace violence incident investigations
• violent incident logs. For multiemployer worksites, events must be recorded on the log for that site, and a copy of the log must be provided to the controlling employer.

Even though becoming compliant with SB553 is an onerous undertaking, companies cannot afford to flout it. Not only do they risk a Cal/OSHA citation, but should an incident occur, noncompliance can open an employer to allegations of negligence in lawsuits by impacted employees.

If your company has a location in California and is endeavoring to become compliant with SB 553 by July 1, 2024, we can help. COSECURE can conduct hazard assessments, draft a compliant WVPP, create appropriate training, and establish the recordkeeping your company needs. If you would like to discuss any compliance-related issues, contact Dan Pascale, CEO of COSECURE, a board-certified security and emergency management professional with over 25 years of experience in the field.