Legislation: CA Senate Bill 553

CA Senate Bill 553 will soon be effective:

California Senate Bill 553 was signed into law in September 2023. It is poised to become effective and enforceable on July 1, 2024. This is the first of its kind OSHA regulation in the United States. It requires employers with 10 or more employees on-site and open to the public to implement plans to protect their employees from workplace violence. Non-compliance may result in civil penalties and misdemeanor charges.

The major components required to be addressed by employers include:

Develop and implement a comprehensive and effective written workplace violence prevention program.
Provide customized annual workplace violence prevention training to employees.
Maintain a log of workplace violence incidents.

“Workplace Violence” as defined by the Bill:

Workplace violence extends beyond physical violence. It also includes threats of violence, harassment, intimidation, and disruptive behavior which has the potential to jeopardize the safety and well-being of employees. It includes any of these acts committed by co-workers, customers, visitors, contractors, family members, or even “outsiders” with no connection to the work site.

Workplace Violence Prevention Program (WVPP):

This required component lies at the heart of the legislation. Implementation of a generic template will not fulfill the requirements. Each work site must establish plans which are tailored to that specific facility. Key elements which need to be addressed by the plan include:

Identifying responsible personnel
Involving employees in plan development
Identifying, evaluating, and correcting hazards
Coordinating plan implementation
Reporting incidents, internally and to law enforcement
Communicating effectively with employees
Responding to workplace violence emergencies
Training employees
Strict recordkeeping guidelines
Post-incident response and investigation
Regular plan review and updates
Procedures to ensure compliance with the WVPP

Will this legislation trend across the country?

As we have frequently experienced in the past, laws that are established in one state often cascade across the nation. Workplace violence is a critical problem across all states. Due to the extremely serious and universally-experienced nature of this issue, it is likely that similar legislation will be introduced and adopted throughout the United States.

Employers in these other states can choose to be proactive and address this issue now or they will likely be mandated later to deal with this important issue. Civil liability is another potential impact of ignoring this problem. Courts are becoming more likely to view workplace violence as a “foreseeable” consequence and impose liability on employers who fail to address potential threats and attempt to prevent incidents from occurring.

Assistance with preparation:

Whether you choose to be proactive and deal with workplace violence now or you wait until you are forced to deal with it later by legislative mandates, ON TARGET INVESTIGATION & CONSULTING, LLC is prepared to assist with your preparation efforts. We have a wealth of knowledge and experience to leverage in order to ensure your organization comprehensively and effectively prepares to prevent and/or respond to acts of workplace violence at your venue.

We recognize that a “one size fits all” approach is not effective. We will work with your organization to customize your Workplace Violence Prevention Program (WVPP) and optimize your efforts to minimize threats to the safety of your employees and customers.

CONTACT US: We stand ready to be of service to you!

“Professionalism is Our Hallmark”

CALIFORNIA SENATE BILL 553: COMING TO YOUR STATE IN THE NEAR FUTURE?