What All Employers Need to Know About California’s Workplace Violence Law

In response to California Senate Bill 553 (SB 553), Cal/OSHA is developing a workplace violence prevention standard for general industries (non-healthcare settings). While they develop this plan, Cal/OSHA has provided recommended guidance and models for employers to evolve their existing workplace violence prevention measures so that they comply with SB 553, which became effective July 1.

“States with workplace violence regulations have existed in some capacity since 2005 when New Mexico began requirements for convenience stores to have controls in place to prevent violence,” said JoAnna Pallardy, Senior Client Service Manager at Safety National. “However, SB 553 sets a new precedent for other states that may already be considering legislative updates to expand employee protections.”

Here, we examine the legislation requirements, preparation tips, and the potential for other states to follow suit.

What does the new law outline?

California SB 553 involves two parts, including an added section to the California Labor Code, which, effective July 1, 2024, requires covered employers to adopt a comprehensive workplace violence prevention plan. All employers, employees, places of employment, and employer-provided housing must comply. Exemptions include most healthcare services already covered by workplace violence regulations, the Department of Corrections and Rehabilitation, law enforcement, employees teleworking from a location of their choosing that is outside the control of the employer, and locations not open to the public with fewer than 10 employees working at any given time.

The second part of this bill includes an added section to the California Code of Civil Procedures. The new law states that any employer can petition the court for a temporary restraining order on behalf of an employee who has suffered unlawful violence or a credible threat of violence to further protect them or other employees.

How can employers prepare?

While employers are not required to report their workplace violence prevention plans to Cal/OSHA, the law states that “the plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times” by July 1, 2024.

In establishing a comprehensive workplace violence prevention plan, employers should actively involve all levels of employees. According to SB 553, this plan must include:

• Identifying who is responsible for implementing the plan
• Involving employees and their representatives
• Accepting and responding to reports of violence and prohibiting employee retaliation
• Communicating with employees regarding workplace violence matters
• Responding to actual and potential emergencies
• Developing and providing effective training
• Identifying, evaluating, and correcting workplace violence hazards
• Performing post-incident response and investigations

Have other states considered legislation?

Several states have enacted workplace violence prevention laws for the healthcare industry due to its particularly high rate of incidents. New York has also introduced legislation to expand workplace violence prevention standards for retail employers. Texas recently enacted a law requiring posted notices on how to report workplace violence incidents in both English and Spanish. Unfortunately, as this violence becomes more prevalent, additional industries may require the same standards for violence prevention plans.

California tends to be a trendsetter in policy considerations for other states, so while this is not a federal law, it is likely that other states will at least consider addressing the issue. Some states have already begun discussions of policies similar to SB 553. Employers should remain vigilant in following legislative trends in their own states, keeping informed of developments and consulting with their HR and legal teams to stay ahead of policy changes.