Getting Real About Workplace Violence - California

By July 1, 2024, the law requires California employers to:

1. Create a comprehensive Workplace Violence Prevention Plan
2. Train their employees and managers

Effective January 1, 2025, the law also:

• Expands the CA Code of Civil Procedure, Section 527.8
• In addition to employers, the law now allows collective bargaining representatives to petition for a workplace violence Temporary Restraining Order (TRO) on behalf of an employee who has suffered unlawful violence or a credible threat of violence that could reasonably be construed to be carried out, or has been carried out, at the workplace.
• In addition to unlawful violence or a credible threat of violence, the law now allows employers and collective bargaining representatives to petition for a workplace violence TRO on behalf of an employee who has suffered harassment in the workplace (i.e., conduct that seriously alarms, annoys, or harasses the person and serves no legitimate purpose).
• This expanded legislation and legal clarity:
  • Ensures more workers have access to protective measures against workplace violence.
  • Enhances employee representation since collective bargaining representatives may have a closer relationship with the workforce and may be more aware of specific threats or instances of violence
  • Increases the potential responsiveness to threats
  • Protects employees by providing another venue for action against workplace violence.
  • Potentially streamlines the process making it more timely and efficient in protecting employees.

The law applies to all employers, employees, places of employment, and employer-provided housing. However, the law exempts:

1. Healthcare facilities and employers covered by California's existing workplace prevention standard for the healthcare industry
2. Facilities operated by the Department of Corrections and Rehabilitation
3. Certain law enforcement agencies
4. Remote workers (employees who telework from a location of their choosing that’s outside the control of the employer)
5. Worksites with fewer than 10 employees present “at any given time” if:
   • It is not accessible to the public, and
   • The employer complies with the injury and illness prevention Cal/OSHA regulation.

The Plan must outline procedures for:

• Bringing forward workplace violence concerns.
• Responding to concerns employees have brought forward.
• Communicating with employees about:
  • How to bring concerns forward and/or violent incidents to management and law enforcement
  • How concerns will be investigated and how results, including any corrective actions taken, will be shared
• Responding to actual and potential workplace violence emergencies.
• Obtaining the active involvement of employees in developing and implementing the plan.
• Identifying and evaluating workplace violence hazards (including behaviors of concern, behaviors that are alarming, direct or implied threats, or other potentially escalating behaviors of concern).
• Correcting workplace violence hazards.
• Posting incident responses and investigations.

The plan must also:

• Include a clear policy prohibiting retaliation against an employee who brings a concern forward.
• Include a Violent Incident Log for recording incidents.
• Identify the names or job titles of the people responsible for implementing the Plan.
• Coordinate implementation with other employers (e.g., staffing agencies).
• Ensure employees comply with the procedures outlined in the Plan.
• Define procedures for reviewing the Plan’s efficacy.

The Plan needs to be reviewed at least annually to assess effectiveness; when a deficiency is identified; and following any workplace violence incident.

SB 553 explains that the Plan must be specific to the hazards and corrective measures for each worksite. If there are different risks and/or hazards at different locations, then a company’s workplace violence prevention plan would need to be tailored to include and address the needs of those unique locations. If the company has consistent and similar hazards and risks across all its worksites, then the plan can be more uniform across a larger footprint.

Employers must provide employees with initial training when the Plan is first established and then:

• At least annually
• When new or previously unrecognized workplace violence hazards are identified
• When there are changes to the Plan

Many employers post their required safety plans on a company intranet or software platform. Employers can also make their Workplace Violence Prevention Plans available in binders on the worksite or post them on bulletin boards in common areas.

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

• 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.
• 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.
• Failure to comply with workplace safety regulations can harm an organization’s reputation. This can impact employee morale, recruitment efforts, and public perception.
• Non-compliance can lead to operational disruptions if CAL/OSHA mandates corrective actions or imposes restrictions on business activities until compliance is achieved.
• 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.

Yes. The Plan can be a stand-alone section within an organization’s existing IIPP, or it can be a separate document. Also, some organizations include their Workplace Violence Prevention, Response, and Intervention Plan as an addendum to its Business Continuity Plan.

A Violent Incident Log is the form an employer uses to record concerns brought forward as well as incidents that occur. It details, date, type and description of the violence, a classification of who committed the violence (for example, co-worker, friend, customer), where the incident occurred, and consequences. However, it doesn’t include any personal identifying information of anyone involved in a violent incident. Employees can request to view and copy the Log and employers must provide access within 15 days of the request.

Yes, we have included resources in the Launch Guide that you can use as you develop your Plan. Links are also provided in the Resources for Employers section of this page.

We advise that your legal department review your Workplace Violence Prevention Plan and Violent Incident Log to ensure complete compliance.

The main sections are:

1. Identifying behaviors of concern
   • Types of workplace violence
   • Domestic violence
   • Creating a positive and respectful workplace
2. Taking action during an act of extreme violence
   • Get out, Get safe, Get tough
   • Creating a plan
3. CA-specific topics

No. There is a new version specifically for California that includes the topics outlined in the table above.

If you already purchased Getting Real About Workplace Violence and are in your contract period, there is no additional fee.

Yes. Atana offers course customization options for customers who wish to incorporate information about their WVPP into the eLearning.  Contact us for more information.

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 - California 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.