Cal OSHA to Enforce New Workplace Violence Prevention Plan Law

On September 30, 2023, Governor Gavin Newsom signed SB 553. Taking effect on July 1, 2024, SB 553 arose from a tragic 2021 workplace violence incident and will become the new Workplace Violence Prevention Plan standard. The new standard will be enforced by Cal/OSHA and will require California employers to have a Workplace Violence Prevention Plan to create a safer work environment for workers and patrons.

The new legislation affects all employers, except those with stricter pre-existing violence prevention standards. These employers will continue to follow standards that have been previously outlined (for example, the Workplace Violence Prevention in Healthcare Standard, 8 CCR 3342). Other exceptions to the new legislation include teleworkers, where their work environment is not under the employer’s control, and workplaces that are not accessible to the public, as well as business with fewer than 10 employees. 

Similar to the Injury Illness Prevention Program, the Workplace Violence Prevention Plan under SB 553 requires a plan that encompasses several key elements, including identifying individuals responsible for the planning, development, communication, implementation, and evaluation of the plan. It also must articulate the employer’s response to workplace violence, explicitly prohibit any form of retaliation from the employer, and provide transparency regarding the results of investigation/corrective actions moving forward after an event has occurred. Additionally, there must be procedures that outline incident reporting, investigation post violent incident, and how to respond to employee concerns. Lastly, the plan should outline clear protocols for seeking assistance from relevant law enforcement agencies when necessary.  

An assessment of the current workplace violence hazard potential should be conducted when this program is first implemented, and periodic assessments scheduled to identify any new hazard and threats to the workplace. Any new hazard and threats (or ones not previously identified) will need to be mitigated appropriately based on severity. Records should be kept for identified workplace violence hazards, and corrective actions taken, as well as records of any violent incident investigations that occur. 

Training in the language native to the employee is mandatory for all workplaces subject to this new law. Training must be conducted before July 1, 2024, and annually thereafter. Records should be kept of all training. 

Want to learn more? On June 5th at 2 pm Eastern Time, the Risk Strategies Loss Control team will present a webinar to provide clients with more detail on SB 553. Simply click on the button below to register. Can’t make it on June 5th? Register anyway. A recording of the event will be shared with everyone. Lastly, please share with anyone who might be interested. 

Have any questions? Please reach out to safety@risk-strategies.com.