Senate Bill 553 (SB 553) is a significant piece of legislation passed in California that focuses on enhancing workplace violence prevention measures across a wide range of industries. Signed into law by Governor Gavin Newsom in September 2023, SB 553 mandates new requirements for employers to protect their employees from workplace violence. The law is part of an effort to extend protections similar to those in the healthcare industry to other sectors of the economy. It has now been implemented in July of 2024 and workplaces are now required to implement workplace violence prevention plans. What is the law?
Key Provisions of SB 553:
- Workplace Violence Prevention Plan (WVPP):
- Employers are required to establish a written WVPP that addresses the identification and evaluation of workplace violence hazards, emergency response procedures, and methods for reporting and investigating incidents. This plan must be tailored to the specific risks associated with the workplace.
- Employee Involvement:
- Employees must be actively involved in the development and implementation of the WVPP. This includes participation in hazard identification, training, and the review of the plan.
- Training Requirements:
- Employers must provide regular training on workplace violence prevention. This training should cover the elements of the WVPP, specific workplace hazards, and appropriate responses to potential violence.
- Recordkeeping:
- Employers are required to maintain detailed records of any workplace violence incidents in a "Violent Incident Log," including the nature of the incident, the parties involved, and the outcomes. These records must be kept for at least five years.
- Enforcement:
- Cal/OSHA is responsible for enforcing the provisions of SB 553. The law allows Cal/OSHA to issue citations for non-compliance and requires the development of specific standards for workplace violence prevention by 2026.
Implementation Timeline:
The new requirements under SB 553 are set to take effect on July 1, 2024, giving employers time to develop and implement their workplace violence prevention plans.
Starting July 1, 2024, California's new workplace violence prevention law, codified under Senate Bill 553, requires nearly all employers in the state to implement a Workplace Violence Prevention Plan (WVPP). This law, enforced by Cal/OSHA, is intended to enhance worker safety and applies to general industries, excluding specific settings like healthcare, which have separate regulations.
Key Requirements of SB 553:
- Workplace Violence Prevention Plan (WVPP):
- Employers must create a written WVPP that is accessible to all employees. The plan should include procedures for identifying and evaluating potential workplace violence hazards, emergency response protocols, and methods for reporting and investigating incidents.
- Employee Involvement and Training:
- Employers are required to actively involve employees in the development and implementation of the WVPP. Training on workplace violence prevention must be provided to employees when the plan is first established and annually thereafter. This training should cover how to identify and report hazards, respond to emergencies, and avoid physical harm. Training materials must be suitable for the educational and language needs of the employees.
- Recordkeeping:
- Employers must maintain a "Violent Incident Log" that records details about every incident of workplace violence, including the type of violence, location, circumstances, and any injuries sustained. These logs must be kept for at least five years. Additionally, records of employee training and hazard evaluations must be maintained.
- Compliance and Enforcement:
- Employers must comply with these requirements by July 1, 2024. Failure to do so may result in citations or penalties from Cal/OSHA.
This law marks a significant shift in how workplace violence is managed in California, emphasizing proactive measures to ensure a safer work environment for all employees. If your business needs assistance in implementing proper protocols and practices our office offers consultation and training. We similarly offer employers the opportunity to file Workplace Violence Prevention Restraining Orders if needed
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