Author, Megan Lockhart, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.
On September 30, 2023 Governor Newsom signed into law new standards for California companies regarding workplace violence. Effective July 1, 2024, Senate Bill 553 (SB 553) will expand requirements for recordkeeping, injury and illness prevention programs, and employee training.
What do these new regulations define as “workplace violence?” Workplace violence is any act or threat of violence that occurs in a place of employment. The law applies to both verbal and written threats of violence and incidents involving use of a dangerous weapon regardless of whether an employee sustains an injury.
“The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury,” Section (4).(a).(6).(B).(i) writes.
Recordkeeping
While companies are already required to report work-related injuries, now employers also must record every workplace violence incident in a violent incident log. The log includes information about each incident such as the date, time, and location, a detailed description, the people involved, the type of violence, and the consequences of the incident. The log must be retained for five years.
IIPP
Companies must include a written workplace violence prevention plan in addition to their Incident and Injury Prevention Program (IIPP).
The plan must include procedures for the following:
The employees responsible for creating and implementing the plan
The procedures the company will follow in the event of a violent incident, depending on its type
Enforcing procedure compliance for both employees and supervisors
Communicating to employees post-incident recordkeeping and investigation results
Identifying hazards and corrective procedures
Investigating and responding after the incident occurred
Annually evaluating the plans effectiveness and make necessary edits
Methods for implementing the training and procedures outlined in the plan
Training
SB 553 requires employers to provide workplace violence training to their employees. Training should inform employees of their company’s procedure for handling workplace violence and how they can access the written workplace violence prevention plan.
The training topics should also cover how to report workplace violence, how to respond and seek help in the event of an incident, strategies to avoid physical harm, implementing corrective measures, and information about accessing the violent incident log.
Workplace violence training is required for employees annually, and employers but retain training records for at least one year.
“Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions,” Section 4.(f).(2) states.
Both the SafetyOne™ platform and the HR Portal offers a range of training related to SB 553’s required topics such as preventing workplace violence, security in the workplace, and workplace stress.
While the Cal/OSHA Standards Board is required to adopt the new standards no later than December 31, 2025, the law becomes enforceable on July 1, 2024. Exemptions to the new requirements are workplaces who are not open to the public and that have less than 10 employees working at one time as well as employees working from a remote location or in healthcare facilities.
SB 553 contains quite a lot of new requirements that might feel overwhelming for employers. Cal/OSHA is expected to release a model program for the standards including a workplace violence prevention plan in addition to the IIPP and training requirements.
Rancho Mesa will continue to keep clients informed as more resources are released. For any questions regarding this topic, contact your client technology coordinator.