SB 553: Awareness is Key for California Employers

On May 26, 2021, a tragic incident at a Northern California railyard resulted in the loss of nine lives due to workplace violence. This event, along with similar occurrences nationwide, prompted the California legislature to take action. Governor Gavin Newsom signed SB 553 on September 20, 2023, requiring California employers to establish a comprehensive Workplace Violence Prevention Plan (WVPP) by July 2024. Building on the 2017 legislation for hospital workplace violence prevention plans, SB 553 extends to all industries and employers in California, with limited exceptions. While this law directly impacts California employers, the issue of workplace violence transcends state borders. As a trendsetter in legal matters, California's actions may pave the way for similar regulations in other states, so employers nationwide should monitor developments in this area.

Understanding Workplace Violence

Workplace violence encompasses a broad spectrum of behaviors beyond physical altercations or active shooter situations. Under SB 553, workplace violence includes "any act or threat of physical violence, including verbal or implied threats, harassment, stalking, or bullying, directed towards an employee by another employee, customer, or visitor." The legislation categorizes workplace violence into four types:

• Type 1: Involving individuals with no legitimate reason for being on the premises engaging in violent behavior, often with criminal intent.
• Type 2: Involving aggressive or violent conduct towards employees from clients, customers, patients, students, or individuals under their care.
• Type 3: Involving aggression or violence from current or former co-workers, including those in supervisory roles.
• Type 4: Involving violent or aggressive acts within the workplace by external individuals connected to an employee but not employed at the location.

Compliance Framework

To comply with SB 553, California employers should use a three-pronged approach of Plan Development, Training, and Oversight.

First Prong: Plan Development

Employers must tailor their WVPP to their organization and individual site locations, considering the unique characteristics and setup of each business site.

Key components of the WVPP include:

1. Designating individuals responsible for implementing the WVPP and addressing workplace violence concerns.
2. Establishing channels for employees to report concerns and provide feedback on the WVPP.
3. Conducting annual training sessions and evaluating the effectiveness of the WVPP regularly.
4. Implementing multiple reporting options and outlining investigation procedures.
5. Ensuring anti-retaliation measures and emergency response protocols are in place.
6. Developing hazard correction procedures and post-incident follow-up protocols.

Second Prong: Training

Employers are required to conduct interactive training sessions for all employees, with subsequent annual trainings. Training should cover various aspects, including workplace violence definitions, incident reporting, prevention strategies, and post-incident response procedures.

Third Prong: Oversight

Employers must maintain comprehensive records related to their WVPP for five years, including workplace violence incident logs, investigative records, and hazard identification documentation. Upon request, these records must be made available to employees within 15 calendar days.

Noncompliance Consequences

Employers failing to comply with SB 553 may face fines ranging from $18,000 to $25,000 per incident, potential license revocations, and increased exposure to employee litigation. Given the potential repercussions of noncompliance, it is imperative for employers to proactively develop and implement their WVPPs.

Buchanan Ingersoll & Rooney stands ready to provide guidance and support to ensure employers meet their obligations effectively and in a timely manner.