California Employers Are Required to Develop a Workplace Violence Prevention Plan by July 1, 2024

By: Daniel Do-Khanh

Senate Bill 553 (SB 553) requires virtually all California employers to adopt and implement a workplace violence prevention plan (WVPP) no later than July 1, 2024.

Impacted Employers

All California employers must comply with SB 553, with some limited exceptions.  For example, places of employment with fewer than ten employees which are not accessible to the public are exempt.  There is also an exemption for employees telecommuting from a location of their own choosing that is not under the employer’s control. Additionally, healthcare facilities covered by Section 3342 of Title 8 of the California Code of Regulations are exempt from SB 553 compliance.

Key Components of the WVPP

The WVPP must include:

• Names or job titles of individuals responsible for the plan;
• Procedures to obtain the active involvement of employees in developing and implementing the plan, including hazard identification and evaluation, training, and incident reporting;
• Methods to coordinate implementation of the plan with other employers such as staffing agencies;
• Procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation;
• Procedures to ensure compliance with the plan;
• Procedures to communicate with employees regarding workplace violence matters, including how employees can report violent incidents, threats, or other workplace violence concerns, and how employee concerns will be investigated;
• Procedures to respond to actual or potential workplace violence emergencies;
• Training procedures;
• Procedures to identify, evaluate, and correct workplace violence hazards, including periodic inspections;
• Procedures for post incident response and investigation; and
• Procedures to review the effectiveness of the plan itself, including potential revisions.

Training Requirements

SB 553 requires employers to provide employees with initial training when the plan is first established and continue to conduct annual trainings thereafter.  The training needs to cover how employees access the plan, how to report workplace violence hazards and incidents, corrective measures that are implemented, how to seek assistance to prevent or respond to violence, and information about the violent incident log.

Recordkeeping Requirements

Employers are required to record every workplace violence incident in a violent incident log and follow WVPP specific recording, retention, and access requirements.

Model WVPP

Cal/OSHA has published a Model WVPP - (https://www.dir.ca.gov/dosh/puborder.asp) - designed to assist employers in drafting their own plans. Employers are not required to use Cal/OSHA’s model but may adopt it as a template.

If you have any questions or would like our help drafting a customized WVPP for your business, please contact us at info@BendLawOffice.com.

Disclaimer: This article discusses general legal issues and developments. Such materials are for informational purposes only and may not reflect the most current law in your jurisdiction. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction.  Bend Law Group, PC expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.