Ask an Expert: CA SB 553 Implementation Questions

In light of the rapidly approaching July 1st deadline, workplace violence prevention expert James Sporleder answers four of the most commonly asked CA SB 553 questions.

1. What are the CA SB 553 deadlines? What must be done by July 1, 2024?

The key date to keep in mind for SB 553 is July 1, 2024. By this date, all California employers must have a Workplace Violence Prevention Plan (WVPP) fully established and operational. This means that the plan itself must be in place, detailing the processes for reporting, responding to, and preventing workplace violence.

Training Requirements:
SB 553 legislation requires that training be initiated and actively underway by July 1, 2024. The law mandates that training be provided as an integral part of the WVPP. While the WVPP must be in place by this date, there is some flexibility regarding the completion of training for all employees.

• Specific Training Timeline Details:
  • By July 1, 2024:
    • Your Workplace Violence Prevention Plan (WVPP) must be fully developed and implemented.
    • Training programs must be established and ready to launch.
    • Employers should have started training employees on the WVPP, focusing on awareness and prevention of workplace violence, as well as specific worksite procedures outlined in the plan.
  • Completion of the Training:
    While training should be initiated by July 1, 2024, the law provides some leeway for completing the training. The expectation is that all employees should receive the required training within a reasonable time frame following the establishment of the WVPP. Ideally, this would mean aiming for full training completion by July 1, 2025.
    • Employers are encouraged to document their training plans and timelines, showing a clear commitment to training all employees promptly.
    • Importance of Continuous Training
      • A plan for ongoing training is crucial and should be included in the WVPP. This plan should outline how and when training will be conducted for new hires and for ongoing refresher courses for all employees.
      • Regularly updating and revisiting training sessions will ensure that all employees are aware of any changes to the WVPP and remain vigilant against workplace violence.

To summarize, by July 1, 2024, Workplace Violence Prevention Plans must be fully implemented and initial training should be underway. Full training should be completed as soon as possible after this date, with a target of having it fully wrapped up by July 1, 2025. Ensure that your training plan is detailed, actionable, and part of your overall WVPP. Clients will want to be able to show a good-faith effort at coming into compliance with the plan.

2. Does SB 553 Apply to Me?

If you operate a business in California, SB 553 generally applies if you have 20 or more employees. This law mandates that you establish a Workplace Violence Prevention Plan by July 1, 2024. However, there are specific considerations for smaller businesses:

• Businesses with fewer than 20 employees:  Even though the general threshold is 20 employees, your organization might still be required to comply if your industry is considered high-risk or if your workplace experiences significant hazards.  Examples of “high-risk” industries that should give additional consideration to the applicability of SB 553 would be retail and convenience stores, social services, public sector and government offices, educational institutions, and transportation companies.
• Businesses with fewer than 10 employees: There is more leniency for organizations with fewer than 10 employees, especially if the workplace is not accessible to the public and doesn’t generally pose a significant risk of violence. In such cases, the requirements might not be as strict, but it’s still beneficial to implement basic safety practices.

So, while the primary focus is on businesses with 20 or more employees, companies with fewer employees should carefully review the law to see if there are specific conditions that could bring them under its umbrella. It’s always a good idea to consult with a legal expert to determine the specific applicability to your business.

2. Does SB 553 Apply to Me?

If you operate a business in California, SB 553 generally applies if you have 20 or more employees. This law mandates that you establish a Workplace Violence Prevention Plan by July 1, 2024. However, there are specific considerations for smaller businesses:

20 or More Employees:

General Requirement: Companies with 20 or more employees are broadly covered under SB 553 and are required to establish, implement, and maintain a comprehensive Workplace Violence Prevention Plan (WVPP).
Details: These companies must include all mandated elements such as hazard identification, training, reporting systems, and record-keeping.

More Than 10 but Fewer Than 20 Employees:

Nuanced Applicability: For companies with more than 10 but fewer than 20 employees, the legislation applies with some distinctions based on the nature of their industry and specific circumstances.

• High Hazard Industries: If these companies are in industries classified as high hazard, they are expected to comply more closely with the full requirements of SB 553. This includes developing a WVPP, conducting hazard assessments, and maintaining appropriate records.
• Low Hazard Industries: If these companies are in low hazard industries, they may face fewer documentation requirements and have more flexibility in how they implement their safety programs. However, they are still expected to meet the core requirements of hazard assessment and training.

10 or Fewer Employees:

• Partial Exemption: Companies with 10 or fewer employees have certain exemptions. They are not required to maintain as detailed documentation as larger companies but must still ensure workplace safety.
• Requirements: They must still follow basic requirements for employee safety and might be required to comply with general safety standards under Title 8 of the California Code of Regulations.

So, while the primary focus is on businesses with 20 or more employees, companies with fewer employees should carefully review the law to see if there are specific conditions that could bring them under its umbrella. It’s always a good idea to consult with a legal expert to determine the specific applicability to your business.

3. Does SB 553 specify penalties for non-compliance?

SB 553 itself does not explicitly outline specific penalties for non-compliance. However, it’s important to understand that the bill mandates compliance with workplace violence prevention requirements under the jurisdiction of CAL/OSHA. CAL/OSHA has the authority to enforce these requirements and may impose penalties for non-compliance through existing regulatory frameworks.

Potential Consequences for Non-Compliance

• Fines and Citations: CAL/OSHA can issue citations for non-compliance, which may result in financial penalties. The severity of fines can vary based on the nature of the violation and whether it is deemed a serious or repeat offense.
• Increased Liability: Non-compliance with SB 553 could lead to increased liability in the event of a workplace violence incident. Employers may face lawsuits or claims from employees if it is demonstrated that the organization failed to implement required safety measures.
• Reputational Damage: Failure to comply with workplace safety regulations can harm an organization’s reputation. This can impact employee morale, recruitment efforts, and public perception.
• Operational Disruption: Non-compliance can lead to operational disruptions if CAL/OSHA mandates corrective actions or imposes restrictions on business activities until compliance is achieved.
• Insurance Implications: Non-compliance may affect an organization’s insurance premiums or coverage. Insurers may increase rates or deny claims if they find that an organization has not met required safety standards.

4. Does eLearning meet the law's "interactive" requirement, and what's the easiest way to allow for feedback?

SB 553 mandates that training must be “interactive,” meaning it should actively engage participants and allow for meaningful feedback and discussion.

• While eLearning can be considered interactive if it includes features that promote engagement, it’s also important that the training include aspects that address specific issues related to a particular worksite or work location. The eLearning Atana created for SB 553 training meets several features of “Interactive Training,” such as including quiz questions and survey questions, but there is still a need to provide specific guidance and training to employees within a given workplace or work setting. Getting Real About Workplace Violence - CA can be customized to meet this need.
• Other ways organizations can help ensure their training is “interactive” is to have discussion boards or forums where learners can post questions or engage in discussion about the training content. They might also consider feedback forms and post-training surveys. Augmenting existing employee support systems within the organization might be the most efficient way to get these elements into place. 
• Offering a way for a learner to receive prompt feedback is also very important. Providing a direct link to a point of contact for feedback on a policy web page is a good start, but it should be coupled with other mechanisms to ensure timely responses and follow-up actions. I have seen mandates within the healthcare arena that state a learner should be able to have access to (or questions answered by) a designated subject matter expert within 24 hours of training. This is usually a designated point of contact (usually from security) within the organization that is a) familiar with the baseline workplace violence prevention and response content and b) familiar with local policy and procedures as related to workplace violence prevention and response. 

Closing Comments

There is an aspect of the CA SB 553 legislation that seems to reach the culture of an organization, establishing that workplace violence prevention isn’t just a “check a box” exercise but rather a serious attempt to integrate interpersonal violence prevention awareness and strategies deep within the cultural DNA of the organization.

If an organization adopts this commitment to interpersonal violence prevention, then a true, multidisciplinary response will be undertaken and the “interactive” element will most likely be met. The key is to create multiple learning and feedback channels to ensure employees are aware, knowledgeable, and feel safe and motivated to bring concerns forward. This approach benefits their own safety,  their colleagues' safety, and the best interests of someone who might be struggling through a difficult time.

James Sporleder has 30 years' experience in the security industry. With a unique background in specialized captivity survival, James has trained thousands of US military personnel from one of the most elite units in the US Department of Defense. He’s worked in the corporate arena for 20 years, focusing on the development and implementation of specialized training programs and helping more than 50 percent of the Fortune 100 prepare for and respond to emerging challenges related to workplace violence, intimate partner violence, and extreme violence such as active shooter.