What Is SB 553? California Workplace Violence Prevention Guide

As of July 1, 2024, California became the first US state to legislate the implementation of a comprehensive workplace violence prevention plan (WVPP). Extending on the 2016 Workplace Violence Prevention in Healthcare standard, SB 553 must now be integrated into existing illness and injury prevention plans to specifically target the reduction of workplace violence across all industries.

But what exactly does this mean for your business, and how can you ensure you’re fully prepared to establish, implement, and maintain compliance with this legislation? Using our experience of helping clients build effective Workplace Prevention Plans, here we explore how you can take proactive measures to safeguard employees from workplace violence and offer our insights into how to reach and maintain compliance.

What is in the bill that employers need to know?

SB 553 takes a legislative approach that aims to bypass the Cal/OSHA regulatory process to introduce workplace safety and security procedures swiftly and in response to rising concerns of violence in the workplace. Among its goals are to collaborate with employees to review and enhance safety policies to foster a culture of safety and respect.

In addition, SB 553 sets out numerous core requirements that aim to:

Prohibit employee retaliation.
Accept and respond to reports of workplace violence.
Introduce employee workplace violence training and communication.
Ensure adequate emergency response.
Implement workplace violence hazard assessments.
Maintain Violent Incident Logs (VIL).

The requirements themselves are comprehensive and laid out in their entirety in the California Senate Bill 553 Legislative Counsel's Digest. To save you time, we have compiled an overview to help you work towards meeting these specific requirements. However, it is crucial to point out that this list is non-exhaustive, and you should consult legal documentation to ensure your company is in compliance.

Core Requirements

Oversight — Designate individuals to oversee the plan.
Employee Engagement — Develop processes for involving employees and their representatives.
Coordination — Integrate the plan with other employers as necessary.
Reporting Protocols — Establish procedures for reporting, responding to, and preventing retaliation against reports of workplace violence.
Communication — Inform employees about reporting violence and accessing assistance.
Hazard Management — Identify, evaluate, and correct workplace violence hazards.
Incident Response —Develop post-incident response and investigation procedures.
Plan Review — Regularly review and update the plan with employee feedback.
Training — Provide initial and annual training related to the plan.
Record Maintenance — Maintain records of training, hazard management, and violent incidents for at least five years.

General Provisions

Establish and maintain an effective workplace violence prevention plan.
Record all workplace violence incidents.
Provide effective training to employees.
Make records available to the division, employees, and representatives.
Include the workplace violence prevention plan in the injury prevention program.

WVPP Plan Requirements

Must be written, easily accessible, and specific to each work area and operation.
Include names or job titles of responsible persons.
Must include procedures for employee involvement in the plan's development and implementation.
Must include procedures to accept and respond to workplace violence reports, prohibiting retaliation.
Must include procedures to ensure employee compliance with the plan.
Must include communication strategies for reporting violent incidents and accessing help without fear of reprisal.
Must include methods to alert employees of workplace violence emergencies.
Must include evacuation or shelter in place plans.
Must include procedures for obtaining help from staff, security personnel, and law enforcement.
Must include procedures to identify and evaluate workplace violence hazards through periodic inspections.
Must include procedures to correct identified hazards in a timely manner..
Must include post-incident response and investigation procedures.
Must review and update the plan either annually or more frequently
Must record information in a violent incident log for each incident.

Training Requirements

Provide initial and annual employee training on the plan.
Provide training sessions on reporting workplace violence, specific hazards, corrective measures, and avoiding harm.
Ensure additional training is provided when new hazards are identified, or changes made to the plan.
Maintain training records for at least one year.

VIL Requirements

Include date, time, and location of the incident.
Detail the type of workplace violence.
Ensure a detailed description of the incident.
Include a classification of the perpetrator.
Describe the circumstances at the time of the incident.
Log the location of the incident.
Record the type of incident (e.g., physical attack, threat, sexual assault).
Describe the consequences of the incident.
Include information about the person completing the log.

Injury Prevention Program Requirements

Identify responsible persons.
Implement a written program with procedures for identifying and evaluating workplace hazards.
Detail procedures for correcting unsafe conditions.
Implement systems for communicating safety matters to employees.
Encourage reporting of hazards without fear of reprisal.
Train all employees on safety matters and new hazards.

What types of business will be impacted?

With only a few exceptions, all California employers must now meet the core requirements of SB 553 as part of a workplace violence prevention plan that is tied to your existing illness and injury prevention plans. Exceptions include:

Healthcare facilities covered by Section 3342 of Title 8.

Facilities operated by the Department of Corrections and Rehabilitation in compliance with Section 3203.

Law enforcement agencies that are compliant with the POST Program.

Employees remote or teleworking from a location of their choice, not under employer control.

Places of employment with fewer than 10 employees not accessible to the public and compliant with Section 3203.

How businesses will be impacted?

The impacts felt on businesses can broadly be split into three categories:

Operations — For businesses without an existing WVPP, significant operational changes will need to be made to ensure compliance with SB 533. This begins with a risk assessment and includes implementation and maintenance of a WVPP.

For those with existing WVPPs, it is critical that any workplace regulations in place are checked for suitability to meet the latest regulations. Those contravening or inadequate to the legal guidelines will need to be altered and new SOPs communicated.

Finance — Investing in an SB 533 compliant WVPP may entail significant investment. In addition, failure to comply is likely to incur penalties and fines that will continue until you are able to reach compliance.

Culture — Integrating a WVPP may require a cultural shift, or an entire cultural reset. Strong leadership and ongoing commitment from management are key here as not only will certain staff need to take on new responsibilities, but all staff will need to undergo comprehensive training and ensure documentation of incidents is completed.

How to comply with SB 533 requirements

Compliance with this far reaching bill presents numerous challenges to businesses of any size, and ultimately, the specificities of your WVPP will depend on your company and the industry in which you operate.

As a general guide to fulfilling the mandated requirements you can lean on the following, however, it is crucial to thoroughly check your WVPP against the mandated requirements, possible with help of legal counsel. Explore what our clients say about WVPP compliance below:

Conduct a Comprehensive Risk Assessment — Begin by evaluating the workplace for potential violence risks. Engage with employees, review incident histories, and consider environmental and operational factors.

Develop a Tailored WVPP — Based on the assessment, create a detailed WVPP that addresses identified risks. This plan should outline specific preventive measures, reporting procedures, and response protocols.

Implement Preventative Measures — Put in place the necessary control measures, such as enhancing physical security, modifying workplace layouts, and establishing clear procedures for managing potential violence.

Provide Regular Training — Ensure all employees receive training on recognizing, preventing, and responding to workplace violence. Update this training periodically to reflect new risks and best practices.

Establish Reporting and Investigation Processes — Create a clear system for employees to report incidents and threats. Ensure all reports are thoroughly investigated and documented.

Maintain Detailed Records — Keep comprehensive records of risk assessments, training sessions, incidents, and actions taken. This documentation is crucial for compliance verification and continuous improvement.

Foster a Safe Work Environment — Encourage open communication and a culture of safety. Employees should feel comfortable reporting concerns and confident that management is committed to their well-being.

Best practices for implementing a WVPP

While you will need to carefully study the specific requirements detailed in the SB 533 documentation, we recommend starting with these best practices for WVPP implementation. As highlighted by our existing clients, these will give you an ideal foundation from which to build compliance.

Engage Employees in the Process — Employees at all levels of your organization are stakeholders in building safer and more tolerant workplaces. This means they should be involved in developing and maintaining the WVPP, with their insights and experiences contributing to risk identification and solutions.

Improve Communication and Training — Educating employees on the importance of workplace safety, how to recognize warning signs, and the procedures for reporting incidents is a crucial element of the new law. In addition, open lines of communication between staff and management is the best way to foster a culture of respect and understanding.

Utilize Technology — Leverage technology to enhance workplace safety. This could include surveillance systems, wireless panic buttons, and communication tools that enable rapid response to incidents. 911 panic buttons can be a highly effective way to meet emergency response mandates within SB 533. Explore our panic button checklist here.

Connect with Local Law Enforcement — The potential for workplace violence can be mitigated by maintaining relationships with local law enforcement, especially for businesses at high risk of extreme incidents. These connections ensure a swift and effective response from local agencies familiar with your business's specific challenges.

Evaluate and Learn from Incidents — After any incident, conduct a thorough evaluation to understand what happened and how it can be prevented in the future. Use these lessons to improve the WVPP continuously.

FAQ

What dates are important for employers to know?

The SB 553 bill is effective July 1st, 2024, and businesses are required to have a WVPP in place by this date. In addition, reviews and updates to the WVPP must happen annually.

Other dates to be aware of include January 1, 2025, when legislation will amend the California Code of Civil Procedure section 527.8 to enhance restraining order powers for employers and collective bargaining representatives.

What are the penalties for non-compliance?

Penalties for non compliance will be decided and enforced by the Division of Occupational Safety and Health within the Department of Industrial Relations. Citations and notices for violations will be issued, and appeals processes will also be available to those facing penalties.

Additionally, in the event of continued noncompliance, legal action may be taken against the violating employer.

How Does SB 553 Interact With Federal OSHA Standards?

SB 533 is designed to bypass existing OSHA guidelines to ensure the expedited introduction of comprehensive workplace violence prevention standards. Businesses may still use OSHA standards as a basis to meet the more stringent regulations set out in Labor Code section 6401.9 of the new bill.

What is SB 553? An Employer’s Guide to California’s Workplace Violence Prevention Law