Update: Get Prepared For California’s New Workplace Violence Prevention Law

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2024 Update: Since SB-553 was signed into law, CalOSHA added newly codified Labor Code section 6401.9 to its set of regulations, effective January 1, 2024. In February 2024, CalOSHA issued a handy Fact Sheet to help companies navigate the detailed requirements. 

The compliance date has not changed—it is July 1, 2024, less than three months away. If you need assistance, please reach out to our team. We are here to provide complete services for compliance with the requirements.

On September 30, 2023, California Senate Bill (SB) 553, a first-of-its-kind workplace violence prevention bill, was signed into law by California Governor Gavin Newsom. SB-553 requires almost all California employers to prepare a comprehensive written Workplace Violence Prevention Plan (WVPP), provide workplace violence prevention training for employees, and maintain a violent incident log by July 1, 2024.

What is workplace violence?

Workplace violence is often the elephant in the room that many employers choose to ignore because there is not a clear understanding of what it is, who it affects, and how to prevent it. Workplace violence is defined as any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs in the workplace - including active shooter. It can be any type of physical assault, verbal abuse, or implied intent to harm. Even certain behavior that makes someone feel threatened can be considered a form of workplace violence.

Simply put, if an act creates a risk to the physical and/or emotional health and safety of an employee in the workplace, then it can be considered a form of workplace violence. Not only can it have a negative impact on the recipient, but it may also have detrimental effects on the entire organization. Civil action, loss of production, and even fines from the Occupational Safety and Health Administration (OSHA) can result.

What are California’s new workplace violence prevention requirements?

SB-553, titled “Occupational safety: workplace violence: restraining orders and workplace violence prevention plan,” is the nation’s first general industry workplace violence prevention safety requirement and aligns closely with the draft Cal/OSHA Workplace Violence Standard.

SB-553 includes the following: 

  • Amendment of the California-required Injury and Illness Prevention Plan (IIPP), which includes an element specific to a Workplace Violence Prevention Plan (WVPP) that conforms to California Labor Code Section 6401.9. This is due by January 1st, 2024.

  • Addition of California Labor Code Section 6401.9 which requires the establishment, implementation, and maintenance of a written Workplace Violence Prevention Plan that includes the following elements:

    • Names and/or job titles of persons deemed responsible for the Plan.

    • Procedures for involvement of employees and authorized employee representatives in developing and implementing the Plan.  This includes active participation in identifying, evaluating, and correcting workplace violence hazards.

    • Methods for coordinating the implementation of the Plan throughout all departments.

    • Procedures for reporting workplace violence internally and with law enforcement.

    • Procedures for effective communication with employees regarding workplace violence matters.

    • Procedures for responding to actual and/or potential workplace violence emergencies.

    • Procedures for training employees.

    • Procedures for identifying, evaluating, and correcting workplace violence hazards.

    • Procedures for post-workplace violence incident response and investigation.

    • Procedures for review of the Plan and revising it, as necessary.

    • Maintain a violent incident log and provide respective training.

    • Inclusion of any additional components which will protect the health and safety of employees.

    • Procedures to ensure overall compliance with the Plan.

Which employers are exempt from SB-553?

This written Workplace Violence Prevention Plan (WVPP) must be developed by all employers by July 1st, 2024, unless one of the following exemptions apply:

  • Healthcare facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations

  • Facilities operated by the Department of Corrections and Rehabilitation that comply with Section 3203 of Title 8 of the California Code of Regulations

  • Law enforcement agencies that fall under Section 1001 of Title 11 of the California Code of Regulations and in compliance with Section 3203

  • Employees teleworking from a location not under the control of the employer

  • Places of employment with less than 10 employees working at any given time and that are not accessible to the public and comply with Section 3203

WVPP Recommendations for California Employers

Workplace violence can be the result of an argument, bullying, domestic dispute, or without cause. It can be unpredictable and even result in an active shooter event. Therefore, it is vital that employers have a plan in place for prevention and response - not only to maintain regulatory compliance but to ensure employee safety. 

Given the new law’s extensive requirements, California employers should take active steps to develop and implement a compliant Workplace Violence Prevention Plan before July 1, 2024. Even employers who are exempt from SB-553 should aim to have a Workplace Violence Prevention Plan by next July so that if a claim is made, they will already have a policy in place.

There are several factors to consider that can help an organization prevent workplace violence. Employers should engage an experienced safety training company to provide onsite and virtual training in support of their WVPP. Workplace violence prevention training for employees should be specific to the organization and define what workplace violence is, identify warning signs and behavioral indicators, emphasize awareness and prevention, as well as provide effective response measures. 

We also recommend that employers complete an onsite Vulnerability Assessment of their organization in order to identify internal and external threats. A Vulnerability Assessment will include a gap analysis report which involves determining the controls needed to protect against existing and potential hostile actions.

Conducting a Vulnerability Assessment

To prevent workplace violence, employers must protect their employees by completing an evaluation of their facility to determine how susceptible the location is. Once risks are identified, the necessary improvements or corrective actions can be made accordingly.

A Vulnerability Assessment consists of:

  • Inspection of the surrounding outside area of the facility including the perimeter of the property, outbuildings, parking lot, and vehicular/pedestrian access and egress

    • Blind spots and illumination are evaluated

    • Securement of doors and property boundaries are checked

  • Inspection of the entire inside layout of the facility including all access and egress points, operations, offices, and any special/restricted areas

    • Blind spots, illumination, and unsecured rooms are evaluated

    • Securement of access and egress as well as office doors are checked

    • High-hazard areas such as chemical and waste storage and/or special operations are evaluated

  • Review of existing plans, policies, and procedures pertaining to:

    • Employee assistance, dismissal, and accountability

    • The human factor

    • Visitor protocol

    • Security, internal/external communication, and emergency notification systems

  • Review of roles and responsibilities of personnel

    • May include interviews with various employees for feedback

  • Assessment of the type of security camera/video equipment used along with where it is located both internally and externally

    • Badge scan systems are checked for use and effectiveness

In conclusion, there is no doubt that there is a growing need for vigilance to be taken regarding violence in the workplace today. A proactive stance on this topic must be taken, not only in California but also throughout the United States. Even if implementing a WVPP is not a requirement in your state, we recommend it as a best management practice for all employers. If your organization needs help with SB-553 or simply getting started with implementing a workplace violence prevention program, our trained professionals can assist you with maintaining regulatory compliance and keeping your employees safe.

KERAMIDA is a full-service Environmental, Sustainability, Health and Safety consulting firm that is prepared to assist organizations in developing comprehensive written Workplace Violence Prevention Plans and provide onsite and virtual employee training. Fill out our quick response form or call (800) 508-8034 to speak with one of our experienced professionals today.

Contact

Dan Engling, MS, CIH, CSP
Vice President, Safety and Industrial Health Services
KERAMIDA Inc.

Contact Dan at dengling@keramida.com.

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