On September 30, 2023, California Governor Gavin Newsom signed Senate Bill 553 (SB 553) into law, significantly impacting workplace violence prevention measures in the state. Effective July 1, 2024, SB 553 mandates that virtually all employers in California develop, implement, and maintain a comprehensive Workplace Violence Prevention Plan (WVPP). The legislation aims to create safer work environments and ensure California employers prioritize workplace safety. The bill sets out the fundamental requirements for employers due by July 1, 2024, and instructs Cal-OSHA to develop new standards by December 2025, with final approval by December 2026.
The new law applies to substantially all California employers and employees. Still, it provides exceptions for corrections facilities, law enforcement agencies, teleworkers, places of employment where fewer than ten employees are working at a place that is not accessible to the public, and healthcare facilities. SB 553 also introduces new employee protections by expanding the availability of Temporary Restraining Orders (TROs). Before this bill, employers had the authority to file for a TRO on behalf of an employee. As of January 1, 2025, SB553 extends this authority to allow collective bargaining units’ representatives to file a TRO on behalf of their members. The bill also allows employees to remain anonymous if a TRO is filed on their behalf.
Lengea Law is developing a Workplace Violence Protection Plan template for med spas based on Cal-OSHA’s guidance. The template will be available to our Premium Membership clients and includes the following policies and procedures to address and prevent workplace violence:
- Designate individuals within your organization who will implement the WVPP and address workplace violence concerns.
- A procedure to actively involve employees in developing and implementing the plan, including identifying hazards, evaluating the workplace, designing training, and investigating incidents.
- Procedures for identifying, evaluating, and correcting workplace violence hazards.
- A procedure for responding to reports of workplace violence.
- Details how the employer will prohibit employee retaliation and maintain compliance with the program.
- A procedure outlining proper communication with employees regarding workplace violence matters.
- An emergency response procedure.
- Develops and provides initial and annual training for employees.
- A violent incident log for every incident.
- A procedure for post-incident responses and investigations.
Prohibition of Employee Retaliation
One of the cornerstones of SB 553 is the prohibition against retaliation toward employees who report incidents of workplace violence. This provision is designed to ensure that employees can report concerns related to violence or threats without fear of adverse employment actions. To foster a culture of safety and transparency, SB 553 requires that employers explicitly state this prohibition within their WVPP. This critical component of the bill encourages and empowers employees to come forward with reports of workplace violence by assuring them that they will be protected from retaliatory measures.
Protocols for Responding to Workplace Violence Reports
Under SB 553, employers must implement clear and immediate response protocols for reported incidents of workplace violence. These protocols should provide the employer guidance on conducting prompt investigations, implementing appropriate corrective actions, and creating mechanisms to prevent recurrence. The procedures must be meticulously documented and communicated to all employees to ensure any incidents of workplace violence are addressed swiftly and effectively. SB 553 also requires that employers maintain detailed records of any incidents and the employer’s response to the incidents. The employer must maintain and safely keep the records for at least five years. This recordkeeping requirement provides Cal-OSHA with a transparent dataset for monitoring and evaluating California employers’ responsiveness to workplace violence.
Steps to Develop Effective Response Protocols
- Immediate Assessment: Upon receiving a report, conduct an immediate assessment to determine the severity and immediacy of the threat.
- Investigation Team: Form an investigation team that includes HR personnel, security staff, and legal advisors to investigate the incident thoroughly.
- Interim Measures: Implement interim protective measures for the victim(s), such as temporary work adjustments or security escorts.
- Resolution: Conclude the investigation with appropriate actions, including disciplinary measures against the perpetrator or changes in workplace policies.
- Feedback Loop: Establish a feedback loop with the reporting employee to inform them of the corrective actions taken and to ensure their continued safety and support.
Mandatory Employee Training Programs
The legislation requires comprehensive training programs focused on identifying, preventing, and responding to workplace violence. These programs are essential for equipping employees with the necessary skills and knowledge to handle violent situations safely. Training must be conducted regularly, updated to reflect any changes in policies or emerging threats, and accessible to all employees in a manner consistent with their education and literacy levels.
Key components of the training programs include:
- Procedures to identify and evaluate workplace violence hazards.
- Methods to promptly correct unsafe or unhealthy conditions.
- An occupational health and safety training program tailored to specific workplace hazards.
- Mechanisms to ensure compliance with safe work practices, which may include disciplinary measures.
Further, robust and effective training programs should include features that engage the employees and ensure that the program is understandable, up-to-date, and professional. An effective training program may contain some or all of the following features:
- Interactive Sessions: Incorporate interactive elements such as role-playing scenarios and group discussions to make training sessions more engaging and practical.
- Expert Instructors: Utilize trainers with expertise in workplace violence prevention and crisis management.
- Regular Refresher Courses: Schedule periodic refresher courses to ensure employees stay updated with the latest policies.
- Feedback Mechanism: Implement a system for collecting feedback from employees after training sessions to improve the training program continuously.
Maintenance of an Incident Log
Employers are required to maintain a detailed log of all workplace violence incidents. This log is a critical tool for monitoring trends, assessing the effectiveness of preventive measures, and ensuring accountability. The log must include:
- A detailed description of each incident.
- Any consequences resulting from the incident.
- Descriptions of the individuals involved.
- The type or types of workplace violence involved.
The logs must be kept on file for at least five years and accessible to employees upon request. Maintaining the log is essential for compliance and continuous improvement of the WVPP because it gives each employer the data and tools it needs to:
- Perform a Trend Analysis: Analyze incident logs to identify patterns or recurring issues that must be addressed.
- Implement Preventive Measures: Use insights from the logs to implement additional preventive measures or modify existing policies.
- Ensure Transparency and Accountability: Share incident data with employees in a way that respects privacy but enhances collective awareness and vigilance.
Ensuring Compliance with SB 553
Ensuring compliance with SB 553 requires regular review and updates of the WVPP to reflect evolving regulations and workplace conditions. Employers should conduct regular audits and assessments, identify potential areas of non-compliance, and implement corrective actions. A proactive approach is crucial for maintaining a safe and compliant work environment. Employers can proactively ensure compliance by:
- Performing Regular Audits: Schedule regular internal and external audits to assess the effectiveness of the WVPP.
- Appointing a Compliance Officer: Appoint a dedicated compliance officer to oversee adherence to SB 553 and other relevant regulations.
- Involving Employees: Engage employees in the compliance process by seeking their input on the WVPP and encouraging them to report any compliance issues.
- Continually Making Improvements: Establish a culture of continuous improvement where feedback is regularly sought and used to enhance workplace safety measures.
Additional Provisions and Support Systems
Employee Support and Counseling
SB 553 encourages employers to provide support and counseling services to employees affected by workplace violence. This support may include:
- Access to Counseling Services: Offering confidential counseling services to help employees cope with the psychological impact of workplace violence.
- Employee Assistance Programs (EAPs): Implementing EAPs that provide resources and support for employees dealing with stress, trauma, or other related issues.
- Peer Support Programs: Establishing peer support programs where trained employees can support and guide their colleagues.
Collaboration with Law Enforcement
Employers should establish strong relationships with local law enforcement agencies to ensure a coordinated response to severe incidents of workplace violence. This collaboration may include:
- Emergency Response Plans: Developing and regularly updating emergency response plans in coordination with law enforcement.
- Training Sessions: Inviting law enforcement officials to conduct training sessions or workshops on handling violent situations.
- Communication Channels: Establishing clear communication channels for reporting and responding to incidents that require law enforcement intervention.
Concluding Remarks
The enactment of SB 553 marks a significant advancement in workplace safety legislation in California. Employers must diligently adhere to the requirements outlined in the legislation to foster a safe and legally compliant work environment. California employers can significantly enhance workplace safety and protect employees from violence and threats by implementing comprehensive Workplace Violence Prevention Plans, prohibiting retaliation against reporting employees, establishing clear response protocols, mandating employee training programs, maintaining detailed incident logs, and ensuring ongoing compliance.