Creating a safer workplace: California Senate Bill 553 becomes law

California’s Senate Bill 553 (SB 553) mandates that nearly all employers in the state establish written workplace violence prevention plans by July 1, 2024. This law amends California’s labor and civil procedure codes, requiring most organizations to create prevention plans and employee training programs. Exceptions are made for employers already covered by healthcare standards and small, non-public businesses with fewer than ten employees. The law will be enforced by Cal/OSHA, though the specifics of enforcement and the definition of “effective” measures remain unclear.

SB 553, driven by a 2021 workplace shooting and increased violence during the COVID-19 pandemic, is one of the most comprehensive workplace violence prevention laws. It requires plans to address four types of workplace violence:

1. Criminal intent: Violence by individuals with no legitimate business at the workplace.
2. Customer/client: Violence by customers, clients, patients, students, inmates or visitors.
3. Worker-on-worker: Violence by current or former employees, supervisors or managers.
4. Personal relationships: Violence by individuals with personal relationships with employees.

Employers must log violent incidents, train employees and regularly review and update their plans. Required elements of the plans include:

• Identifying responsible individuals for implementing the plan.
• Procedures for employee involvement in hazard reporting and communication.
• Responses to workplace violence emergencies and post-incident investigations.
• Annual review and necessary revisions of the plans.

Training must be customized to reflect the specific workplace violence plan, covering reporting procedures, corrective measures and harm avoidance strategies. Detailed logs of violent incidents must be maintained for five years. The law also allows employers and collective bargaining representatives to obtain temporary restraining orders on behalf of employees, expanding protection to those facing harassment.

Key concerns

1. Enforcement uncertainty: There is ambiguity about how Cal/OSHA will enforce the law, particularly what constitutes “effective” measures. Businesses are unsure what will be deemed sufficient, which could lead to inconsistent compliance and potential penalties.
2. Burden on small businesses: Small businesses may struggle to meet the law’s requirements due to limited resources and staff. Creating, implementing and maintaining a comprehensive prevention plan and training program could be particularly challenging.
3. Exemption ambiguities: The criteria for exemptions are not entirely clear. For instance, what qualifies as “no public access” to an office with fewer than ten employees is open to interpretation. Cal/OSHA has the authority to reassess exemptions, adding to the uncertainty.
4. Contractor and third-party responsibilities: The law does not clearly define the responsibilities regarding contractors and other third parties. Businesses need clarity on whether these individuals must be trained under their violence prevention plans.

Opportunities

1. Enhanced workplace safety: SB 553 aims to create safer work environments across various industries by mandating comprehensive violence prevention plans, potentially reducing incidents of workplace violence.
2. Proactive incident management: By requiring detailed logs and regular training, employers can better manage and mitigate workplace violence risks, leading to a more prepared and responsive workforce.
3. Legal and regulatory compliance: Developing robust workplace violence prevention plans can help businesses comply with the law and avoid steep fines for violations, which can range up to $159,000 for willful and repeat offenses.
4. Template plans and resources: California’s Department of Industrial Relations has developed a model workplace violence prevention plan as a starting point for employers, which can be customized to meet specific workplace needs.

Employers across the United States should monitor the continued rollout of SB 553, as similar legislation is being considered in other states. The law, while challenging to implement, represents a significant step towards comprehensively addressing workplace violence. Businesses are encouraged to make good faith efforts in compliance while awaiting further guidance from Cal/OSHA to clarify the law’s ambiguous aspects.

From a security professional’s perspective, SB 553 will ultimately help security practitioners lobby for larger budgets, as much of the responsibility for compliance will fall on the security department. While legal/compliance, human resources and business continuity departments will be involved, the Chief Security Officer (CSO) in large organizations will play a critical role in the implementation and management of the workplace violence prevention plan.