What You Need to Know About SB-553: California’s Workplace Violence Prevention Legislation
What is SB-553?
Senate Bill 553 (SB-553) is a recently passed piece of legislation in California aimed at enhancing workplace safety by addressing workplace violence. Approved by the Governor on September 30, 2023, and set to take effect on July 1, 2024, this bill mandates that all employers establish, implement, and maintain a comprehensive workplace violence prevention plan.
Key components of SB-553 include:
Authorization for employers and collective bargaining representatives to seek restraining orders on behalf of employees experiencing violence or credible threats of violence at the workplace.
Requirements for employers to maintain a violent incident log and provide effective training on the workplace violence prevention plan.
Enforcement measures by Cal OSHA to ensure compliance through citations and civil penalties.
Who is Impacted?
SB-553 impacts a wide range of stakeholders, including:
Employers: Must develop and maintain a workplace violence prevention plan, record incidents of violence, and ensure employees are trained effectively.
Employees: Are protected by the measures within the legislation and are required to participate in training programs.
Unions and Collective Bargaining Representatives: Can now seek restraining orders on behalf of employees, offering an additional layer of protection.
Who is Exempt?
This legislation applies to all employers except:
Healthcare employers
Department of Corrections and Rehabilitation facilities
Law enforcement agencies
Teleworking employees in a location not under employer control
Places with less than 10 employees at any time and are not publicly accessible
Exempt employers are required to comply with Title 8, Section 3203, Injury and Illness Prevention Programs (IIPP). Also, CA OSHA may by special order require exempt employers to comply with this legislation.
How Cal OSHA is Ensuring Compliance
Cal OSHA plays a critical role in enforcing SB-553. The Division of Occupational Safety and Health will:
Issue citations and notices of civil penalties to employers who fail to comply with the requirements.
Conduct inspections and investigations to ensure that workplace violence prevention plans are effectively implemented.
Require records of workplace violence incidents, training, and hazard evaluations to be maintained and made available for inspection.
Additionally, Cal OSHA will propose and adopt standards by the end of 2026 to further support the implementation of SB-553.
Considerations for Businesses
Businesses need to take several steps to comply with SB-553:
Develop, Implement, and Maintain a Comprehensive Workplace Violence Prevention Plan (WVPP): The plan must be written and can be incorporated in the IIPP plan or standalone. CPPS recommends it standalone. The plan is the program document governing many of the actions required within a Workplace Violence Prevention and Intervention (WVPI) program. While the practices outlined may be managed by one person, this program will likely require a multidisciplinary approach.
Training: Training will need to be provided when the WVPP is established and/or changed, annually, and after new workplace violence hazards are identified. It needs to include an overview of the WVPP, definitions and requirements outlined in this law, reporting procedures, violence prevention measures, guidance about obtaining records. Of note is that personnel must be provided with an opportunity to ask questions of a person knowledgeable of the WVPP.
Record Keeping: The Violent Incident Log will serve to record all incidents of workplace violence, as defined in the legislation. A detailed record of the incident must be developed, to include what occurred, actions taken to respond to it, and retaining logs for at least five years. Logs will need to be developed in a manner that prevents the identification of anyone involved, although able to be accessed by employees and representation upon request.
Incident Response: Establish clear protocols for responding to incidents of workplace violence, including support for affected employees.
What Do You Need to Know?
Here are a few brief considerations to get started with building your program. This legislation is effective as of July 1, 2024.
Identify who will manage and develop this program. CPPS recommends identifying a multidisciplinary team that can implement the guidance and manage the program.
Read the legislation. There are several nuances within the law. Read the legislation to understand specifically what is required.
Review what is currently in place and determine whether it complies with the legislation.
Develop or update the WVPP. Ensure all components of the legislation are addressed.
Develop a Violent Incident Log based upon the requirements outlined in the legislation.
Develop a training program that implements the guidance of the legislation and WVPP.
Implement the WVPP. Per the legislation, the Violent Incident Log and training will be implemented with the WVPP.
Organizational priorities may differ depending on size, presence of an existing program, and other variables.
How CPPS Can Help You with SB-553 Compliance
At CPPS, we specialize in workplace violence prevention and intervention. Our team of experts can assist your organization in several ways:
Program Development: We can help you develop a workplace violence prevention plan tailored to your organization's needs, ensuring alignment with SB-553 requirements.
Training: CPPS offers comprehensive training programs for employees and management on recognizing, preventing, and responding to workplace violence.
Assessment and Certification: Our Safe Workplace Certification provides third-party validation of your workplace violence prevention program, demonstrating compliance with national standards and best practices.
Ongoing Support: We provide continuous support and consultation to help you maintain compliance and update your program as necessary.
To learn more about how CPPS can assist you in achieving compliance with SB-553, click the “Contact Us” button at the bottom of this page.
